Butler City Zoning Code

Entrance, distance requirements. No automobile service or filling station, parking area for 25 or more passenger motor vehicles, trucks or buses, or parking garage or automobile repair shop, shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, the entrance to a public park or cemetery, monastery, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street which the lot in question does not abut.

Oil draining, etc. No automobile service station or public garage shall be permitted where any oil draining pit, hydraulic hoists, lubrication and greasing devices, repair equipment and similar appurtenances, other than filling caps, are located within 12 feet of any street lot line or within 25 feet of any R district, except where such appurtenances are within a building.

Automobile service station enclosure. Except in C-1 and I districts, no automobile service station shall be erected or constructed, and no alteration or improvement shall be made to any existing nonconforming service station, unless the premises upon which such station is, or is intended to be located shall be enclosed in the rear and on the sides by a solid masonry wall not less than six feet high. The first ten-foot section of such wall, measured from the street right-of-way line, may be stepped down to two feet at the right-of-way line, following a pattern of appropriate design.

Zoning inspector may issue zoning certificate. With planning commission approval, a zoning certificate for the erection of a dwelling group, in any district where permitted, may be issued by the zoning inspector, provided such dwelling group conforms to all the conditions and requirements in this section.

Minimum lot area. The area of the lot on which the dwelling group is to be erected shall be at least equal to the aggregate of the minimum lot areas otherwise required for the individual dwellings in the group.

Dwellings to front on street or other open space, distances. Each dwelling in the group shall front either on a street, or other permanent public open space at least 30 feet wide, or on a common yard or outer court.

Distance between buildings and nearest lot lines. The distance between principal buildings and the nearest lot lines, other than a front lot line, shall be not less than the height of the building, nor less than 20 feet in any case.

Access road, distance. Every dwelling in the dwelling group shall be within 60 feet of a private access roadway or drive, having a right-of-way at least 20 feet wide, providing vehicular access from a public street, and within 500 feet, measured along the route of vehicular access, from a public street, and providing an adequate turnaround.

Compliance, other ordinance requirements. Except as modified in this section, such dwelling group shall conform to all the requirements of this chapter for the district in which it is to be located.

Projects, where located. In any R-2, R-3, or R-4 district, the owners of an undeveloped tract of land comprising not less than four acres may submit to the planning commission a plan for the use and development of all of such tract of land for residential purposes or for the repair or alteration of any existing housing development on such tract.

Commission findings. It shall be the duty of the planning commission to investigate and ascertain whether the proposed residential development plan complies with the following conditions:

Height and yard modifications. The height limitations applicable in the district in which a community development project is located may be modified, provided the following requirements are complied with:

Report furnished to board. A report of its findings and recommendations shall be furnished by the planning commission to the board of adjustment.

Board may authorize project. Following a public hearing by the board, and if the board finds that the proposed residential development plan is consistent with the intent and purpose of this chapter, it may authorize the zoning inspector to issue a zoning clearance permit, even though the use of the land and location of the buildings to be erected and the yards and open spaces contemplated by the plan do not conform in all respects to the regulations of this chapter for the district in which the site of the proposed development is located.

Fees. Each application for authorization of a community development project shall be accompanied by a check payable to the City or a cash payment in the amount of $25.

Minimum area. The owner of a tract of land located in any commercial district and containing not less than two acres may submit to the planning commission for its review a preliminary plan for the use and development of such tract of land for a planned shopping center.

Commission findings. In accepting such a plan for review the commission shall investigate and ascertain the following:

Permitted uses. The uses permitted in a neighborhood shopping center shall be those retail business, commercial, and service uses permitted in the C-1 planned business district. No residential, heavy commercial or industrial uses shall be permitted, or any use other than a use necessary or desirable to supply with goods or services the surrounding neighborhood or community, as the case may be.

Standards applicable. The following minimum standards shall be observed in the design of shopping centers:

Final development plan. Upon determination by the commission that the proposed shopping center, as shown by the preliminary plan, appears to conform to the requirements of this article and all other applicable requirements of this chapter, the proponents shall prepare and submit a final development plan, which plan shall incorporate the changes or modifications, if any, required by the commission.

Recommendations to City Council. If the final development plan is found to comply with the requirements set forth in this article and other applicable provisions of this chapter, the commission shall submit the plan with its report and recommendations, together with the required application by the proponents of the necessary change in zoning classification of the site of the proposed center, to the City Council, which shall hold a public hearing on both the development plan and application for a change in zoning.

Rezoning. Following said public hearing, the Council may modify the plan, consistent with the intent and meaning of this chapter, for development in substantial conformity with the final plan, as approved by the Council.

Adjustments to be authorized by commission. After the final development plan has been approved by the Council, and in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, loading areas, entrances, heights, or yards, may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this chapter, such adjustments or rearrangements may be authorized by the commission.

A private swimming pool, as regulated herein, shall be any pool, pond, lake or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in any R district except as an accessory use to a residence or as a private club facility and unless it complies with this section.

The pool shall be intended and shall be used solely for the enjoyment of the occupants of the principal building of the property on which it is located and their guests.

The pool may be located anywhere on the premises except in required front yards, provided it shall not be located closer than 10 feet to any property line of the property on which located; provided, further, that pump and filter installations shall be located not closer than 20 feet to any property line.

The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties.

Adequate provision for drainage shall be made subject to approval by the superintendent of utilities.

Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from adjoining properties.

No person shall construct or install a swimming pool or make any alteration therein or in the appurtenances thereof without having first submitted an application and plans therefore to the zoning inspector.

General requirements. Any owner, lessee or other person having an interest in mineral lands in the A-1 district may file with the board an application for authorization to mine minerals therefrom; provided, however, that he shall comply with all requirements of the district in which the property is located, and with the following additional requirements:

Applicant's financial ability. In accepting such plan for review, the board must be satisfied that the proponents are financially able to carry out the proposed mining operation in accordance with the plans and specifications submitted.

Application; contents, procedure. An application for such operation shall set forth the following information:

Public hearing. Upon receipt of such application, the board shall set the matter for a public hearing in accordance with the provisions of this chapter.

Rehabilitation. To guarantee the restoration, rehabilitation, and reclamation of mined-out areas, every applicant granted a mining permit as herein provided, shall furnish a performance bond running to the City, in an amount of not less than $1,000, and not more than $10,000, as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a reasonable time and to the satisfaction of the board, meeting the following minimum requirements:

Additional requirements. In addition to the foregoing the board may impose such other conditions, requirements or limitations concerning the nature, extent of the use, and operation of such mines, quarries or gravel pits as the board may deem necessary for the protection of adjacent properties and the public interest. The conditions and the amount of the performance bond shall be determined by the board prior to issuance of the permit.

Approval; design; location; application; notice. The design, location, and nature of all accessory utility facilities on private or public property shall require approval of the City, which approval shall be considered in a nondiscriminatory manner, in conformance with this section, and subject to reasonable permit conditions as may be necessary to meet the requirements of this section. To that end, prior to any construction, excavation, installation, expansion or other work on any accessory utility facility, the accessory utility facility owner shall apply to the City and submit detailed plans for the City's review and approval. Contemporaneous with such application, the accessory utility facility owner shall provide notice to all property owners within 185 feet of the location of the proposed construction, excavation or other work. Such notice shall include a detailed description of the proposed work to be done, the exact location of proposed work and the anticipated time and duration of the proposed work. Notice shall be given at least five business days prior to the commencement of any such work. In considering individual applications or multiple location applications, the City shall review the request to ensure the proposed accessory utility facilities do not impair public safety, harm property values or significant sight-lines, or degrade the aesthetics of the adjoining properties or neighborhood, taking into consideration reasonable alternatives. Any material changes or extensions to such facilities or the construction of any additional structures shall be subject to the requirements and approvals as set forth herein. Unless otherwise prohibited, accessory utility facilities subject to this subsection may be located in minimum setback areas provided that all other requirements are met. To the extent permitted by RSMo 67.2707.1(3), the time, method, manner and location of facilities to be located in the rights-of-way may be established or conditioned by the City to protect the rights-of-way or to ensure public safety. An inspection fee shall be required as may be established by the City to reimburse the City for the costs of review and inspection of accessory utility facilities as may be permitted by applicable law.

General regulations. The following general regulations apply to all accessory utility facilities:

Residential districts. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than 3 1/2 feet in height and covering less than eight square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground accessory utility facilities, where authorized, shall be placed in the rear yard wherever practical.

If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such accessory utility facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Nonresidential districts. In nonresidential districts and rights-of-way adjacent thereto, accessory utility facilities with a height of less than five feet and covering less than 16 square feet in area may be installed above ground with the prior approval of the City. Except as otherwise may be authorized herein, any larger facility shall be installed underground or authorized to be installed above ground only by conditional use permit. All above ground accessory utility facilities, where authorized, shall be placed in the rear yard wherever practical. If locating these facilities in the rear yard is not practical, then such facilities may be located in the side yard. Such accessory utility facilities shall not be located in the front yard or within the public rights-of-way unless otherwise approved by the City upon a determination that all other alternatives are not feasible.

Landscape screening. A sight-proof landscape screen shall be provided for all authorized above ground facilities taller than three feet in height or covering in excess of four square feet in area. Such screen shall be required to sufficiently conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be submitted by the accessory utility facility owner and approved by the City prior to installation of any facility requiring landscape screening. The accessory utility facility owner shall be responsible for the installation, repair, maintenance or replacement of screening materials. Alternative screening or concealment may be approved by the City to the extent it meets or exceeds the purposes of these requirements. Alternative screening or concealment may be required by the City to the extent it is located in a historic district or other prominent location. Accessory utility facilities located in rear yards may be exempted from screening where located so as not to be visible from (1) any public property and (2) more than two residential dwelling units. Any required screening shall be completed within the timeframe set forth in the permit required under this section, or not less than 30 days from issuance of the permit, if not otherwise stated.

Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code, including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the supplementary regulations herein. The provisions of this section shall not apply to any circumstance or entity in which application under such circumstances is preempted or otherwise precluded by superseding law or to the extent City officer charged with enforcement reasonably determines that public safety would be negatively impacted by any specific application.

Purpose. The intent of this section is to allow carports in the A-1 Agricultural District, R-1 Single-family Residential District, R-2 Single-family Residential District, R-3 Multiple-family Residential District and R-4 Multiple-family Residential District.

Location. Carports can be located on the side or rear of the house for the purpose of parking an operational vehicle. The side yard setback for the carport shall be a minimum of eight feet from the property line and at least six feet behind the front corner of the house.

Construction. The roof of the carport must be made of a rigid material, such as wooden construction, metal roof panels, polycarbonate sheets, aluminum alloy, or fiber glass. The framing of the carport shall be securely fastened to the ground. Further, the building official must approve the location, structure materials, and fastening mechanism before commencement of construction of the carport.

Tarps. Tarps shall not be allowed to cover non-compliant materials in the carport.

Conditional use permit. Anyone wishing to construct a carport in an area other than the rear yard will be required to obtain a conditional use permit pursuant to Section 26-136.

Purpose. The purpose of allowing container homes is to provide for additional construction and housing options in order for new construction on lots within the district to comply with modern zoning regulations and construction practices.

Definitions.

Container homes shall be permitted in all residential zones in the City limits of Butler, however, only one container home is allowed per single lot.

Container homes shall be painted and have one of the following materials for siding:

Height, setback, yard and area requirements. To determine specific height, setback, yard, and area requirements for container homes, refer to the specific zoning district in the Code for which the container home is located.

Minimum requirements. The following are additional minimum requirements for container home construction and placement:

Permitted in residential districts, when. No-impact home-based businesses shall be permitted in all residential districts and whatever other districts allow for residential use and in accordance subject to the restrictions and limitations of this section. No other businesses may be operated in a residence at any time. The term 'home occupation' when used in this Code shall be interpreted to mean home-based business.

Definitions. As used in this chapter, the following terms shall have the meanings provided below:

Restrictions and limitations.

Licenses and permits.

Penalties. Any person who operates a business in violation of this section shall, upon conviction, be subject to a fine of not less than $100 and up to 90 days in jail or both. Each day of violation shall be considered a separate offense.

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (herein referred to as "at any point"); provided, however, that the measurements necessary for enforcement of performance standards set forth in this division shall be taken at different points in different districts in relation to the establishment or use creating the element being measured (herein referred to as "point of measurement") as follows:

No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be offensive at the points of measurement specified in Section 26-185. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.

There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C.

For purposes of this division, the following units of measurement shall apply.

When required. In any district, in connection with any building or part thereof, hereafter erected or altered which is to be occupied by manufacturing, stores, warehouses, goods display, retail commercial, wholesale commercial, market, hotel, hospital, mortuary, laundry, drycleaning or other uses requiring the receipt or distribution by truck of materials or merchandise, there shall be provided and maintained, on the same lot with such buildings, off-street loading space in accordance with the following schedule:

Where the floor area of the building exceeds 100,000 square feet, the number of off-street loading spaces in excess of five shall be determined by the board.

Dimensions. Each loading space shall not be less than 10 feet in width, 25 feet in length, and 14 feet in height.

May occupy yard. Subject to the limitations in Section 26-212 such space may occupy all or any part of any required side or rear yard; except the side yard along the side street in the case of a corner lot. In no event shall any part of a required front yard be occupied by such loading space.

Distance in R districts. No such space shall be closer than 50 feet to any other lot located in any R district, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or uniformly painted solid board fence of acceptable design not less than six feet in height.

When required. In all districts, in connection with every industrial, business, institutional, recreational, residential or other use, there shall be provided at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking spaces for automobiles in accordance with the requirements herein.

Minimum size. Each off-street parking space shall have an area of not less than 160 square feet exclusive of access drives or aisles, and shall be of usable shape and condition.

Access. There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading or unloading spaces required hereunder in such a manner as to secure the most appropriate development of the property in question. The access drive shall be not less than eight feet in width in the case of a dwelling, and not less than 18 feet in width in all other cases; provided, however, that one-way aisles for either ingress or egress for uses other than dwellings may be reduced to not less than 10 feet in width. Such access drive or easement shall not be located in any residential district except where provided in connection with a nonresidential use permitted in such residential district.

Type. Parking spaces for all types of uses may be provided either in garages or parking areas conforming with the provisions of this chapter.

Off-street parking facilities shall be located as hereinafter specified; where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facility is required to serve.

In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately.

In the case of a use not specifically mentioned in Section 26-220, the requirements for off-street parking facilities for a use which is so mentioned, and to which the use is similar, shall apply. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use, except as specified for joint use in Section 26-219.

Not more than 50% of the off-street parking facilities required under this division for a theater, bowling alley, dance hall or an establishment for the sale and consumption on the premises of food, alcoholic beverages or refreshments, and up to 100% of such facilities required for a church or an auditorium incidental to a public or parochial school, may be supplied by off-street parking facilities provided for certain other kinds of buildings or uses specified in Subsection (b) below, which are not normally open, used or operated during the principal operating hours of theaters, churches, or the aforesaid establishments; and not more than 50% of the off-street parking facilities required under this division for certain buildings or uses specified in Subsection (b) below, may be supplied by such facilities provided for theaters, churches or other aforesaid establishments, provided that a properly drawn legal instrument is executed by the parties concerned for the joint use of the off-street parking facilities, which instrument, duly approved as to form and manner of execution by the City attorney, shall be filed with the application for a zoning permit.

Buildings or uses not normally open, used or operated during the principal operating hours of theaters, churches or other of the aforesaid establishments are defined as banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing buildings and similar uses.

Dwelling and lodging uses:

Business, commercial and industrial uses:

Other uses:

Every parcel of land hereafter used as a public or private parking area, including a commercial parking lot and also an automobile or trailer sales lot, shall be developed and maintained in accordance with the following requirements:

The planning commission may authorize establishment of a manufactured home park motels or camp in any R-3 or R-4 district or any C-3 district in accordance with the provisions of this division. The sanitary regulations prescribed by the authority having jurisdiction, and as may be otherwise required by law, shall be complied with, in addition to the following regulations:

Any enlargement or extension to any existing motel, tourist camp, manufactured home park or camp, shall require application for a zoning certificate, as if it were a new establishment.

No enlargements or extensions to any motel, tourist camp, camp, manufactured home park shall be permitted unless the existing facility is made to conform substantially with all the requirements for new construction for such an establishment.

Limited to manufactured home park. Except as otherwise provided in this section, no person shall park or occupy any manufactured home park, or park or occupy any recreational vehicle or recreational park trailer on any premises in any district outside an approved camp. Nothing in this section shall apply to a manufactured home that is converted to real property by attaching it to a permanent foundation situated on real estate owned by the manufactured home owner, and removing or modifying the transporting apparatus including but not limited to wheels, axles and hitches rendering it impractical to reconvert the real property thus created to a manufactured home, or as otherwise provided under state law.

Emergency parking, eight hours. Emergency or temporary stopping or parking of a manufactured home, recreational park trailer or recreational vehicle shall be permitted on any street, alley or highway for not longer than eight hours, subject to any other and further prohibitions, regulations, or limitations imposed by the traffic and parking regulations or ordinances for such street, alley or highway.

Temporary parking, 72 hours. Temporary stopping or parking of a recreational vehicle or recreational park trailer that is being used for living quarters shall be permitted on any private property outside an approved camp for not longer than 72 hours, subject to any other and further prohibitions, regulations, or limitations imposed by City ordinance or homes association or neighborhood covenants or restrictions. No utility service shall be provided for any recreational vehicle or recreational park trailer that is being used for temporary living quarters.

Wheels not to be removed. Except as permitted by state law, in any district, the wheels or any similar transporting devices of any manufactured home, recreational vehicle or recreational park trailer shall not be removed except for repairs, nor shall any manufactured home, recreational vehicle or recreational park trailer be otherwise permanently fixed to the ground in a manner that would prevent removal of the recreational vehicle, recreational park trailer, or manufactured home.

Manufactured home compliance. Manufactured homes shall carry a seal and comply with building, plumbing, heating and electrical codes as required by §§ 700.010 — 700.115, RSMo., and the corresponding code of state regulations, and shall comply with City's building code to the extent not inconsistent with state law.

Modular unit compliance. Modular units shall carry a seal and comply with building, plumbing, heating and electrical codes as required by §§ 700.010 — 700.115, RSMo., and the corresponding code of state regulations, and shall comply with "City's building code to the extent not inconsistent with state law. Modular units shall otherwise be treated as site built homes.

Recreational vehicle and recreational park trailer compliance. Recreational vehicles and recreational park trailers shall comply with building, plumbing, heating and electrical codes as established by the respective American National Standard Institute (ANSI) A119.2/NFPA 1192 or A119.5 standard.

Anchors and tie-downs. All manufactured homes shall be anchored and tied down pursuant to the provisions of §§ 700.010 — 700.115, RSMo., and corresponding code of state regulations, unless the manufactured home unit is being offered for sale and parked temporarily on the sales lot of any person, firm or corporation regularly selling or offering for sale manufactured homes as part of its usual business operation.

All existing occupied manufactured homes (formerly identified as "trailers") in the City of Butler at the time of adoption of this article shall be considered a legal nonconforming use including those that are in an established mobile home park and shall be permitted to remain in place so long as occupied, but provided that they may not be modified or altered on the exterior or replaced, unless made to conform with the requirements of this division. Any such existing manufactured home when unoccupied for a period in excess of 12 months shall be removed and the conditional use permit, if previously issued, deemed terminated. The manufactured home will then be considered a "Nuisance," not fit for human habitation and shall be removed from the City of Butler. The owner can seek a variance from this automatic determination by filing a written appeal to the Butler City Administrator within 14 days of being notified of the conditional use permit's termination, demonstrating legitimate reasons why the manufactured home should be deemed fit for human habitation.

Manufactured homes as nonresidential structures. One or more manufactured homes may be used as a temporary office or other nonresidential structure at the site of a construction project, provided that such structure is removed upon completion of the project. Mobile structures may be used also as temporary classroom facilities in connection with public schools, or private schools with equivalent curriculum. Any manufactured home or mobile home structure used as a nonresidential structure for a temporary office, classroom facility or at the site of a construction project must be pre-approved by the planning commission. The applicant shall provide the information required on the proper forms available from the planning commission. The planning commission shall hold a public hearing on the application, giving 10 days' notice thereof in a newspaper of general circulation.

An application for the establishment of a manufactured home park, motel, motor hotel or camp shall be filed with the City Administrator and must be accompanied by a plat, drawn to scale and certified by a bona fide land surveyor, civil engineer, landscape architect or architect. The City Administrator shall check the plat, and if he finds the same to be in compliance with the requirements of this section, forward the same to the Planning Commission. The Commission shall hold a public hearing on the application, giving 10 days' notice thereof in a newspaper of general circulation and notice to property owners within one hundred and eighty-five (185) feet of the proposed establishment. Upon completion of said hearing, the Commission shall submit their recommendation to the City Council for approval, conditional approval or denial of the application. The plat shall contain the following information:

Each application for a manufactured home park, motel, motor hotel or camp shall be accompanied by a check payable to the treasurer of the City, or cash payment in an amount of $25.

Manufactured home parks and camps shall be designed and maintained in accordance with the following requirements:

R-1/SH Single-family minimum requirements.

Scope. The provisions of this division shall apply to all signs as defined herein.

Intent. It is the purpose of this division to promote minimum requirements to safeguard public health, safety, property, and welfare, promote the efficient transfer and communication of sign information, and preserve and protect the scenic landscaping quality by regulating and controlling the design, quality of materials, construction, location, and illumination of signs.

The gross surface area of a sign shall be the sum of all surfaces of the sign faces, except that for double-faced signs only one face shall be used to compute the surface area.

Sign height shall be measured from the ground level at the base or below the sign to the highest element of the sign.

No illuminated sign shall be located in any residential district. Illuminated signs shall include:

No sign shall be attached to a tree. No sign shall be attached to a public utility pole on public or private property, except governmental signs.

No sign shall be erected or maintained at any location where, by reason of its position, size, shape or color, it may obstruct or interfere with the view of any traffic or traffic control sign or device, or where it may confuse or obstruct traffic.

Replacement of support posts or other structural supports shall constitute removal of the sign, and its replacement shall be in conformance with the provisions of this division.

Signs accessory to a principal use with a legally nonconforming front yard setback need not have setbacks in excess of that of the principal structure.

Display signs shall not closely resemble or approximate the shape, form and color of official traffic control signs, signals and devices.

No display sign or temporary sign shall be so placed as to obstruct or interfere with a required building doorway, other required means of ingress or egress.

Required. Any owner or authorized agent who intends to construct, enlarge, alter, erect, or re-erect any permanent or temporary sign shall first make application to the building official and obtain the required sign permit.

Work exempt from permit.

Application for permit.

Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this division or of any other ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this division or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the corrections of errors in the construction documents and other data. The building official is also authorized to prevent the use of a sign where it is in violation of this division or any other ordinances of this jurisdiction.

Expiration. Every permit issued shall be come invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this division wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation, or any of the provisions of this division.

Privately-owned, freestanding, moveable display signs shall be permitted on public sidewalks adjacent to buildings with zero-foot setbacks within the commercial zoning districts without a sign permit, when in compliance with the following:

Generally. Any bona fide church, religious sect or congregation, public or semipublic institutional use, such as a government building, hospital, school, etc., may erect three directional signs in the City subject to the specifications in this section.

Support and location. Such signs shall be mounted on a street post imbedded in concrete between the sidewalk and the curb, so that the bottom of the sign shall be at least six feet from the ground. There shall be not more than one church sign located on the corner of any street intersection.

Design. All signs shall be of uniform design, size and construction as approved by the City.

Permission of property owner. Permission from the owner of the property in front of which such sign is sought to be erected is required. Such permission shall be filed with the zoning inspector who will issue the required permit upon determination that all requirements have been completed.

Announcement signs, bulletin boards. Any bona fide church, religious sect or congregation, community center or similar semipublic or institutional use may erect on their property or building and maintain for their own use a bulletin board or announcement sign not over 16 square feet in area. If not attached flat against a building, said sign shall be at least 12 feet from all street lines.

Generally. Political signs may be erected and maintained in the City in accordance with the provisions contained in this chapter. Location of signs shall not be placed in any public street, alley or right-of-way, or any City-owned property or fixed to any City-owned pole, building or other facility. Signs shall be set back at least 12 feet from all streets and shall not be placed in any location which may block a driver's view of traffic, create a safety hazard or obstruct or hinder the operation of public utilities.

Political signs at fairgrounds. Political signs are permitted to be placed in the area occupied by the arena upon approval of the person/organization in control of the arena and that the signs shall conform to the regulations for commercial and industrial zones. Political signs shall not be permitted in any other areas of the fairgrounds.

Political signs within residential zones. Political signs located in an area zoned for residential use shall not exceed 26 inches by 26 inches on each side and shall not exceed four feet in height above the ground.

Political signs within commercial and industrial zones. Political signs located in an area zoned for commercial or industrial use shall not exceed 60 square feet in total on each side and shall not have any side greater than 12 linear feet. In commercial and industrial zoned areas, the exposed political sign face shall not exceed an aggregate gross surface area of 600 square feet per lot. Ground signs including mobile trailer mounted signs shall not exceed 15 feet in height measured from the ground surface to the top of the sign.

Responsibility for removal. The owner or occupier of the property upon which any political sign is erected, placed, or located shall be responsible for the removal of such sign within the time required by this chapter.

Legislative purpose and intent. The City Council makes the following findings of legislative purposes and intent:

Statement of Purpose. The general purpose of this Division 6 ("division") is to regulate the placement, construction, and modification of telecommunications wireless communications facilities to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City of Butler. Specifically, this division is intended to:

Applicability; preemption. Notwithstanding any ordinance to the contrary, the procedures set forth in this division shall be applicable to all wireless communications facilities existing or installed, built or modified after the effective date of this division to the fullest extent permitted by law. No provision of this division shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this division is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law.

Applications. Applications for permitted, administrative, or conditional uses pursuant to this division shall be subject to the supplementary procedures in this division. Applications shall be submitted to the City as a complete application on forms provided by the City. A "complete application" shall be an application submitted on the forms provided by the City, fully executed by the applicant, identifying the specific approval sought, and containing all attachments, fees as may be established to reimburse the City for its inspection and review costs, and information as required thereon or by the City, consistent with this division. Applications shall be accompanied by a building permit application and other applicable forms.

Proof of owner consent. Applications for permitted, administrative, or conditional uses pursuant to this division shall be required to provide proof of landlord consent, which shall minimally include:

Timing. Applications shall be decided upon within a reasonable time, subject further to state or federal specific additional time requirements as may apply to the particular application.

Applicability. The requirements set forth in this division shall be applicable to all wireless communications facilities within the City installed, built, or modified after the effective date of this division to the full extent permitted by law. Such zoning review and approvals required in this division shall be in addition to any other generally applicable permitting requirement, including applicable building, excavation, or other right-of-way permits.

Administration. The director shall have the authority to establish forms and procedures consistent with this division and applicable federal, state, and local law to ensure compliance and to facilitate prompt review and administration of applications.

Permitted use. The placement of wireless communications facilities fully conforming with the general requirements in this division are permitted in all zoning districts only as follows:

Application procedure. Application for a permitted use under this section shall require submission of an application with proof of owner consent as required by Section 26-284 and an application fee of $500 as required to partly cover the City's actual costs, but not to exceed such amounts as may be limited by law. If the applicant is not a wireless services provider, then the applicant must submit evidence of agreements or plans, or otherwise provide attestations to the same, which conclusively demonstrate to the City that the proposed site(s) will become operational and used by a wireless services provider within one year of the permit's issuance date. For any application for a small wireless facility, the applicant shall provide an attestation that the proposed small wireless facility complies with the volumetric limitations as required to meet the definition of a small wireless facility in accordance with this division and pursuant to applicable law. Applicant shall also submit a certified structural analysis as required in the general requirements of this division. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application. The director shall issue a decision on the application for a permitted use within the time-frame permitted by applicable law. A decision to deny an application shall be made in writing and state the specific reasons for the denial.

Administrative approval. The placement of wireless communications facilities fully conforming with the general requirements in this division are permitted in all zoning districts by administrative permit approved by the director only as follows:

Application procedures. Applications for administrative permits shall be made on the appropriate forms to the director consistent with the requirements of this division. Applications requesting any information that is prohibited by federal or state law under the applicable circumstance shall be deemed inapplicable to the subject application.

Conditional use permit required. All proposals to construct or modify a wireless communications facilities not permitted by Section 26-286 or Section 27-287 or not fully complying with the general requirements of this division shall be permitted only upon the approval of a conditional use permit authorized consistent with Section 26-56 following a duly advertised public hearing by the planning and zoning commission and City Council, subject to the following additional requirements, procedures, and limitations: