[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Definitions. As used in this section:
BUILDING LINE
A line parallel or approximately parallel to the street line and beyond which, buildings or fences may not be erected.
CORNER LOT
A property located at the intersection or confluence of two or more streets such that public street rights-of-way are directly adjacent to at least two contiguous sides of the lot.
DRIVEWAY
The surface that is in the public right-of-way which provides egress and ingress from an off-street parking area to an adjacent street or alley.
FRONT YARD
The area from the front face of a residential structure to the front property line or street right-of-way line or, when a structure does not exist, the area from the front building line to the front property line or street right-of-way.
MULTIPLE FAMILY DWELLING DRIVEWAY
Any driveway serving a building or buildings designed, constructed and used as a residence building(s) for three or more dwelling units; the term includes cooperatives, condominiums, townhouses and apartments.
OFF-STREET PARKING AREA
An area used for the parking or storage of vehicles.
PERSON
Any person, firm, partnership or corporation.
REAR YARD
The area from the rear face of a residential structure to the rear property line.
RESIDENTIAL DRIVEWAY
Any driveway serving one or two dwellings other than a multiple-family dwelling.
SIDE YARD
The area from the side of a residential structure to the side property line.
UNIMPROVED SURFACE
Any material that is not approved for driveways or off-street parking areas by the public works director.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn or moved upon a street, highway, waterway or airway and shall include any automobile, bus, truck, tractor, motor house, farm machinery, motorcycles, scooters, mopeds, all-terrain vehicles, boats, aircraft, recreational vehicles, golf carts, go-carts, trailers, fifth wheel trailers, campers, camper shells, wheeled towing frames, semi-tractor trailers, truck beds mounted on chassis and mobile homes. This definition does not include non-motorized bicycles, small engine lawn mowers and devices of similar scale.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Requirement. No person shall construct, widen, repair or relocate a driveway or off-street parking area in the City without a permit issued by the public works director or his duly authorized representative. Such permit may be revoked by the City if at any time the applicant is found to have violated any of the conditions of the issuance of the permit.
(b) 
Application.
(1) 
Application for such permit shall be made on forms furnished by the City and shall be accompanied by an accurate scale drawing showing the location and dimensions of the driveway or off-street parking area in relation to the surrounding property lines, the proposed dimensions and the existing and proposed grades of the driveway at its intersection with the traveled portion of the roadways and its opening from the property line, as well as any trees greater than three inches in caliper, utility poles, utility structures, such as manholes, catch basins and headwalls, retaining walls or other similar obstruction located within the street right-of-way.
(2) 
Where a driveway or off-street parking area is being installed to serve proposed new construction for which a zoning permit is sought, the aforementioned scale drawing shall be incorporated in the plot plan accompanying the application for the zoning permit. Where necessary, the City may require the submission of an engineered plan and profile showing location, width, grades, drainage and other similar engineering features of the driveway or off-street parking area.
(c) 
Processing. Before issuing a permit, the public works director shall determine that the applicant will comply with the conditions set forth in Section 21-137 hereof, unless a variance is granted by the zoning board of adjustment pursuant to Section 21-139.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Location and size.
(1) 
No driveway shall be located within 25 feet of the intersection of two or more roads, as measured from intersecting street lines or from the tangent of a corner radius, whichever is greater.
(2) 
No residential driveway shall be less than eight feet wide nor more than 35 feet wide at any point. The driveway shall be constructed from the traveled portion of the roadway to the right-of-way line or six feet whichever is more.
(3) 
No multiple-family dwelling driveway or driveway serving a commercial site shall be more than 40 feet wide at its intersection with the traveled portion of the roadway. At its intersection with the property line, no such driveway shall be less than 18 feet wide for two-way traffic nor less than 13 feet wide for one-way entering traffic and 11 feet wide for one-way exiting traffic.
(4) 
No off-street parking area shall cover more than 67% of a residential front yard.
(5) 
Not more than one driveway shall be constructed on the same premises unless the distance between driveways is approved by the public works director, based upon sound engineering, traffic and safety considerations.
(6) 
No off-street parking area shall be located within 25 feet of the intersection of two or more roads, as measured from intersecting street lines or from the tangent of a corner radius, whichever is greater.
(b) 
Drainage. If necessary to prevent road drainage from entering the driveway or off-street parking area, a berm or raised area shall be constructed and maintained by the owner of the premises at a location to be determined by the public works director. If the driveway will interfere with drainage, culverts of a design determined by the public works director, shall be installed and maintained by the owner of the premises. On driveways or off-street parking areas with long, sustained or steep upgrades which may cause excessive water to drain onto the roadway, sufficient drainage shall be installed to the satisfaction of the public works director.
(c) 
Traffic hazard. The view of the road at a point where the driveway opens into the road shall be unobstructed for a minimum distance of 100 feet in each direction from a point five feet back from the edge of the roadway.
(d) 
Grade. The grade of the driveway from its intersection with the traveled portion of the road to the property line must be a plus grade not to exceed 3%. The grade of the off-street parking area from the property line into the property shall not exceed 6%.
(e) 
Construction specifications.
(1) 
Driveways shall be surfaced with concrete minimum four inches in depth, asphalt minimum two inches in depth on an acceptable sub grade, paving stones minimum four inches in depth or other hard surface durable material approved by the public works director.
(2) 
Off-street parking areas shall be surfaced with concrete minimum four inches in depth, asphalt minimum two inches in depth on an acceptable sub grade, paving stones minimum four inches in depth, gravel approved by the public works director, or other hard surface durable material approved by the public works director. Gravel shall be contained by a material approved by the public works director.
(3) 
Driveways that provide egress and ingress from off-street parking to an adjacent gravel alley may be constructed of gravel.
(f) 
Access to premises or off-street parking areas. No regular ingress to or egress from premises or off-street parking areas by vehicles shall be provided except by a driveway.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
No action by the City in widening, repairing, maintaining or relocating any road shall be construed to cause any driveway to violate this article.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
The zoning board of adjustment may vary the strict application of the conditions set forth in Section 21-137 if the size, location or topography of the premises creates an unreasonable hardship or extreme difficulty in carrying out such conditions, provided that the spirit of this article and the public safety and welfare are secured. Any common driveway serving three or more lots shall require a variance from the zoning board of adjustment.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Existing gravel driveways may continue except that if they are discontinued or replaced, they shall meet all the construction specifications and location requirements as set forth in this article. A discontinued driveway means a driveway that has not been in use for a period of one year or more.
(b) 
No existing driveway that has an unimproved surface will be allowed to be continued unless it is constructed to meet all the requirements of this article within six months of adoption.
(c) 
Existing gravel off-street parking areas may continue except that if they are discontinued, replaced or expanded, they shall meet all the construction specifications and location requirements as set forth in this article. A discontinued off-street parking area means an off-street parking area that has not been in use for a period of one year or more.
(d) 
If an existing residence is completely rebuilt, compliance with this article is required.
(e) 
No unimproved off-street parking area may continue unless it is constructed to meet all the requirements of this article within three months of adoption.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
Nothing in this article shall require the City to repair or improve any driveway or shall render the City liable to a property owner(s) upon failure to make such repair or improvement, except where such repair or improvement is made necessary as a result of the widening, repair, maintaining or relocating of a public road or City owned utilities within the City limits.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
The property owner shall maintain in a safe and hazard free condition any portion of a driveway located outside the property owner's lot and property lines and inside the curb lines or traveled portion of the public street.
(b) 
The property owner shall be responsible for all maintenance and repairs to sidewalks that are damaged by the installation or use of a driveway.
(c) 
The property owner shall be responsible for the compliance of all driveways and off-street parking areas pursuant to Section 21-143.
(d) 
All driveways and off-street parking areas shall be maintained in good and safe condition and be free of failures that may affect the use, safety, appearance or drainage of the surface or an adjoining property.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Off-street parking areas in the front yard of any residential unit shall only be allowed on areas parallel and adjacent to the driveway or garage and then only when the off-street parking area or garage is located adjacent to the home or in the front yard. Under no circumstances may the parked vehicle obstruct or have any portion of the vehicle upon a public sidewalk.
(b) 
Parking in the front yard between the home and the street, except parking in an off-street parking area is prohibited.
(c) 
Parking in the side yard of any residential unit shall only be allowed on off-street parking areas adjacent to the driveway, house or garage.
(d) 
Parking areas in the rear yard for recreational vehicles, travel trailers, boats, snowmobiles and other such recreational vehicles may occur on grass.
(e) 
Temporary vehicle parking associated with construction or landscaping may be exempt from those parking regulations if the vehicle is removed within 72 hours of completion of the work.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Any property owner that desires to have a culvert installed in the public right-of-way shall make application on the proper forms available at Butler City Hall to the public works director. The public works director or his duly authorized representative shall, if approved, determine the necessary pipe specifications.
(b) 
The property owner shall be responsible for purchasing the required materials. The City shall install the pipe and backfill the drainage ditch.
[Ord. No. 932, 9-6-2011; Ord. No. 1082, 11-20-2018]
(a) 
Any person who violates any provision of this chapter or fails to comply with the conditions set forth in Section 21-137, except those granted a variance according to Section 21-139, shall be fined $200 for the first offense; $275 for the second offense; $35 for the third offense; and $450 for the fourth offense and any subsequent violations for a twelve-month rolling period, per § 479.353 RSMo.
(b) 
Each day that a driveway or off-street parking area exists in violation after 30 days' written notice by certified mail from the City Clerk to the owner(s) of the driveway or off-street parking area, shall be considered a separate offense. Access to the road shall be prohibited from any driveway constructed in violation of this chapter.