[Z.O., § 8.05]
(a) 
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.
(b) 
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.
(c) 
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.
[Z.O., § 8.06]
(a) 
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.
(b) 
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.
(c) 
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.
(1) 
The least width of such yard, if flanked by buildings on one side only, shall be:
Building Height
Minimum Width
(feet)
1 — 1 1/2 stories
30
2 — 2 1/2 stories
35
3 stories
40
(2) 
If flanked by buildings on both sides, the least width of such yard shall be:
Building Height
Minimum Width
(feet)
1 — 1 1/2 stories
40
2 — 2 1/2 stories
50
3 stories
60
(3) 
In each case the distances between principal buildings, other than the distances specified above, shall not be less than the sum of the least widths of side yards required in the district in which the dwelling group is to be located.
(d) 
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.
(e) 
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.
(f) 
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.
[Z.O., § 8.07]
(a) 
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.
(b) 
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:
(1) 
Consistency with zoning ordinance. That the plan is consistent with the intent and purpose of this chapter.
(2) 
Adjacent property, no adverse effect. The property adjacent to the area included in the plan will not be adversely affected.
(3) 
Residential use only. That the buildings are to be used only for residential purposes and usual accessory uses, such as garages, storage space, recreational and community activities, including churches.
(4) 
Lot area per family. That the average lot area per family or dwelling unit contained in the site, exclusive of the area of streets, will not be less than 80% of the lot area per family required in the district in which the site is located, or in the case of the conversion of an existing structure to a community development project the lot area per family must conform to the requirements of the district in which it would normally be classified.
(5) 
Off-street parking. That there are to be provided off-street parking facilities in accordance with the requirements of Division 3 of this article.
(6) 
Recreation facilities. That there are to be provided, as a part of a proposed new development, recreational facilities to serve the needs of the anticipated population to be housed therein as follows:
a. 
Recreation area, projects over 20 acres: In case any lot or tract on which a residence development or dwelling group is to be erected contains 20 acres or more, at least 5% of the acreage of such lot shall be set aside and developed as a neighborhood playground or playgrounds.
b. 
Recreation area, projects under 20 acres: In case of a lot under 20 acres in area with more than 50 dwelling units, the required area of play lots shall be 2,000 square feet plus 30 square feet for each dwelling unit in excess of 50.
c. 
Recreation area modifications: These requirements for the provision of recreation areas may be modified or waived by the planning commission where in its opinion adequate public recreation areas are available nearby, or where justified in view of the availability of suitable yard space or the type of occupancy the dwelling units are designed to accommodate, or if such a development is in fact the modification of an existing structure to a community development project.
(c) 
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:
(1) 
No principal building or structure shall exceed a height equal to two times the distance between the building line and the centerline of the street on which it fronts. No accessory structure shall exceed two stories or 25 feet in height, except as provided in this chapter.
(2) 
The gross area of the project shall comprise not less than 10 acres.
(3) 
For each foot of building height over 40 feet, the distance between such building and the side or rear property line of the community development project area shall be increased by one-half foot in addition to the side and rear yard required in the district, provided that this additional setback shall not be considered part of the side and rear yards.
(4) 
High-rise buildings shall be located within a community development project in such a way as to dissipate any adverse impact on adjoining low-rise buildings.
(d) 
Report furnished to board. A report of its findings and recommendations shall be furnished by the planning commission to the board of adjustment.
(e) 
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.
(f) 
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.
[Z.O., § 8.08; Ord. No. 1185, 4-15-2025]
(a) 
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.
(b) 
Commission findings. In accepting such a plan for review the commission shall investigate and ascertain the following:
(1) 
Adequate size. That the proposed shopping center is adequate but not excessive in size for the population which may reasonably be expected to be served by such center.
(2) 
Traffic congestion to be avoided. That the proposed shopping center is at a location where traffic congestion does not exist at present on the streets to be utilized for access, and where such congestion will not likely be created by the proposed center; or where such congestion will be obviated by proposed public improvements of access thoroughfares and by appropriate provisions in the shopping center plan for proper entrances and exits and internal facilities for traffic circulation and parking.
(3) 
Integrated design. That the plan provides for a shopping center consisting of one or several groups of establishments in buildings of integrated and harmonious design together with properly arranged facilities for traffic and parking, landscaping and other features which tend to create an attractive and efficient shopping center, convenient, pleasant and safe to use, which would harmoniously fit into and have no appreciable adverse effects on the adjoining or surrounding development.
(c) 
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.
(d) 
Standards applicable. The following minimum standards shall be observed in the design of shopping centers:
(1) 
Building heights. No building shall exceed 2 1/2 stories or 35 feet in height.
(2) 
Yards. No building shall be less than 50 feet distant from any boundary of the tract on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any residential district by a solid wall or fence or compact hedge not less than four feet in height. Such screen shall be placed at least five feet from the property line and the space between such property line and the screen shall be properly landscaped and maintained.
(3) 
Tract coverage. The ground area occupied by all the buildings of the center shall not exceed in the aggregate 25% of the total area of the lot or tract.
(4) 
Customer parking space. Any other requirements of this chapter notwithstanding, there shall be provided at least two square feet of off-street parking area, including driveways for every square foot of total rental floor space, not including basement storage space, in an integrated neighborhood shopping center; and two square feet of off-street parking area for every square foot of total rental floor space, not including basement storage space in an integrated community shopping center.
(5) 
Loading space. Any other requirements of this chapter notwithstanding, there shall be provided one off-street loading or unloading space for each 10,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third of the space required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
(6) 
Illumination of accessways and parking areas. Accessways and parking areas shall be lighted adequately with mushroom type lighting fixtures which shall be so installed as to reflect light away from adjoining properties.
(7) 
Signs. Subject to express approval by the commission, all signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, to avoid excessive advertising and to ensure a harmonious appearance to the center as a whole. In a shopping center, all signs shall only be indirectly illuminated with white light. All signs shall conform to the distance requirements from property lines established for the buildings in the center.
(e) 
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.
(f) 
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.
(g) 
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.
(h) 
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.
[Z.O., § 8.09; Ord. No. 1185, 4-15-2025]
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
Adequate provision for drainage shall be made subject to approval by the superintendent of utilities.
(f) 
Any lighting used to illuminate the pool area shall be so arranged as to deflect the light away from adjoining properties.
(g) 
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.
[Z.O., § 8.10]
(a) 
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:
(1) 
Distance from property lines. No quarrying operation shall be carried on or any stock pile placed closer than 50 feet to any property line, unless a greater distance is specified by the board where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to 25 feet by written consent of the owner or owners of the abutting property.
(2) 
Distance from public right-of-way. If the site of the mining or quarrying operation is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than 25 feet to the nearest line of such right-of-way.
(3) 
Fencing. Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the board such fencing is necessary for the protection of the public safety, and shall be of type specified by the board.
(4) 
Equipment. All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibration. Access roads shall be maintained in dust-free condition by surfacing or other treatment as may be specified by the superintendent of utilities.
(5) 
Processing. The crushing, washing and refining or other similar processing may be authorized by the board as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located.
(b) 
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.
(c) 
Application; contents, procedure. An application for such operation shall set forth the following information:
(1) 
Name of the owner or owners of land from which removal is to be made;
(2) 
Name of the applicant making request for such a permit;
(3) 
Name of the person or corporation conducting the actual removal operation;
(4) 
Location, description, and size of the area from which the removal is to be made;
(5) 
Location of processing plant used;
(6) 
Type of resources or materials to be removed;
(7) 
Proposed method of removal and whether or not blasting or other use of explosives will be required;
(8) 
Description of equipment to be used;
(9) 
Method of rehabilitation and reclamation of the mined area.
(d) 
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.
(e) 
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:
(1) 
Surface rehabilitation. All excavation shall be made either to a water producing depth, such depth to be not less than five feet below the low water mark, or shall be graded or backfilled with nonnoxious, nonflammable and noncombustible solids, to ensure that the excavated area shall not collect and permit to remain therein stagnant water; or that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof, so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area.
(2) 
Vegetation. Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of the mining area where such area is not to be submerged under water as hereinabove provided.
(3) 
Banks of excavations not backfilled. The banks of all excavations not backfilled shall be sloped to the water line at a slope which shall not be less than three feet horizontal to one foot vertical and the bank shall be seeded.
(f) 
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.
[Ord. No. 946, § 2, 5-15-2012]
Every public utility, cable company, and video service provider, or other ROW-User (as defined in City Code Section 21-51) providing services by use of facilities within the City shall comply with the supplemental regulations in this section regarding the placement of accessory utility facilities on public or private property. For purposes of this section, "accessory utility facilities" shall mean such facilities, including pedestals, boxes, vaults, cabinets, or other ground-mounted or below-ground facilities, that directly serve the property or local area in which the facility is placed, are not primarily for transmission or distribution to other locations, do not materially alter the character of the neighborhood or area, and otherwise are customarily found in such areas. Unless otherwise required by law, accessory utility facilities shall not include fire hydrants, street lighting facilities, traffic signals, mail depositories or other approved facilities owned [by] the City, state or federal government. Except where limited by other provisions of City ordinance, accessory utility facilities shall be subject to the following supplementary regulations:
(a) 
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.
(b) 
General regulations. The following general regulations apply to all accessory utility facilities:
(1) 
Accessory utility facilities shall be allowed in all districts only pursuant to the provisions [of] this section of the Butler Zoning Ordinance.
(2) 
All such accessory utility facilities shall be placed underground, except as otherwise provided in Subsections (b), (c), and (d) herein or as approved by conditional use permit.
(3) 
All accessory utility facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.
(4) 
Abandoned accessory utility facilities shall be removed within 30 days thereafter at the cost of the utility. All accessory utility facilities for which use has commenced shall be deemed abandoned after six continuous months of non-use.
Land from which abandoned accessory utility facilities are removed, whether private or public property shall be restored within 30 days of removal by the accessory utility facility owner or have costs of such remedies charged to the accessory utility facility owner. The accessory utility facility owner shall restore the land using similar plantings or sod of the same type of grass immediately surrounding the land and shall replace all existing plantings damaged by the removal work with like plantings and shall replace all damaged existing grass areas with sod of the same type of grass as was damaged.
(5) 
Unless otherwise restricted, utility poles for authorized above ground lines or facilities may be permitted up to 35 feet in height, except for arterial roads where such poles may be authorized on one side of such roads at up to 60 feet in height, where utilities are not otherwise required to be placed underground; provided that such poles shall be no higher than necessary, maintained so as to avoid leaning from upright position, and without use of guy wires crossing rights-of-way or pedestrian routes except where approved by the City as necessary due to the lack of feasible alternatives.
(6) 
Accessory utility facilities placed in designated historic areas or upon designated historic landmarks may be subject to additional requirements regarding the placement and appearance of facilities as may be necessary to reasonably avoid or reduce any negative impact of such placement.
(7) 
Any damage to landscaping or vegetation on private or public property during installation or maintenance of accessory utility facilities shall be remedied by the accessory utility facility owner within 30 days of such damage.
(8) 
No accessory utility facility may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property or contrary to any sight distance regulation of the City.
(9) 
All utility facilities not authorized by this subsection or specifically addressed elsewhere in this Code shall be authorized only by a conditional use permit pursuant to Article II, Division 2 of the Butler Zoning Ordinance.
(c) 
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.
(d) 
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.
(e) 
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.
(f) 
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.
[1]
Editor's Note: Former § 26-163, Home occupations, was repealed 10-18-2022 by Ord. No. 1155. Prior history includes Ord. No. 954 and Ord. No. 1139. See now § 26-170, Home occupations.
[Ord. No. 1086, § 2, 12-4-2018]
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
Tarps. Tarps shall not be allowed to cover non-compliant materials in the carport.
(e) 
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.
[Ord. No. 1191, 11-18-2025]
(a) 
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.
(b) 
Definitions.
CONTAINER HOME
A one-family manufactured, container, prefabricated, or modular type dwelling with a minimum combined floor area of 600 square feet that is connected to electric, sewer, and water utilities and affixed to a permanent foundation of masonry or concrete able to withstand winds of up to 90 miles per hour. Container homes are required to have the affixed seal of the Missouri Public Service Commission as a container, prefabricated, or modular home. Storage sheds are not considered container homes and are therefore not allowed as a dwelling within City limits.
(c) 
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.
(d) 
Container homes shall be painted and have one of the following materials for siding:
(1) 
Ribbed metal siding.
(2) 
Smart board and batten.
(3) 
Smart lap siding.
(4) 
Cedar lap siding.
(5) 
Combination of either ribbed metal or lap siding combo.
(e) 
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.
(f) 
Minimum requirements. The following are additional minimum requirements for container home construction and placement:
(1) 
Living space: minimum square footage including all floors: 600 square feet.
(2) 
Anchor: Container home must be anchored to withstand minimum 90 mph wind load.
(3) 
Building Code: Container home must meet current City adopted building code. Storage sheds are not accepted as a dwelling within the City limits of Butler.
(4) 
Building permits: Building permits and inspections are required for site work and foundations.
(5) 
Container homes shall be certified by an approved 3rd party inspector.
[Ord. No. 1155, 10-18-2022]
(a) 
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.
(b) 
Definitions. As used in this chapter, the following terms shall have the meanings provided below:
GOODS
Any merchandise, equipment, products, supplies, or materials.
HOME-BASED BUSINESS
A business operating in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling.
NO-IMPACT BUSINESS
A home-based business that:
(1) 
Is engaged in the sale of lawful goods and services; and
(2) 
Does not cause a substantial increase in traffic through the residential area; and
(3) 
The activities of the business are not visible from any public street; and
(4) 
Does not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property where the business is located; and
(5) 
Does not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent for the Department of Health to inspect the business during normal business hours or at any other time the business is operating.
(c) 
Restrictions and limitations.
(1) 
A No-impact home-based business must be incidental and subordinate to the principal residential use of the premises and shall not change the residential character of the surrounding neighborhood if located in a residential district. A no-impact home-based business located in any non-residential district shall not materially change or impact the residential character of the residence or materially change the character of the primary use of the premises. This provision shall not be interpreted as allowing an accessory building, accepted by the usual permitting process for accessory buildings.
(2) 
The owner or operator of the No-impact home-based business must be an owner or tenant of the residence and must reside at the residence.
(3) 
The owner or operator of the No-impact home-based business may employ others to work in the no-impact home-based business.
(4) 
The home occupation may be conducted in an existing detached accessory building that existed at the time this section was adopted. A new accessory building shall not be constructed to a house a home occupation.
(5) 
Outdoor storage of materials or equipment used in the home occupation shall not be permitted.
(6) 
Alterations to the exterior of the principal residential building shall not be made which change the character of the residence.
(7) 
One sign, compliant with Division 5 of Article VI of Chapter 26 of the City's Code, will be allowed. Signs must be properly maintained.
(8) 
The owner or operator must provide adequate parking for the no-impact home-based business. Parking for the no-impact home-based business may include the driveway or garage of the residence or a paved parking area located behind the front plane of the residence. Adequate parking may also include parking on the street as long as:
a. 
Parking is limited to the side of the street the no-impact home-based business is located on, between the lot lines of the residence, if parking at that location is otherwise lawful.
b. 
If the owner, operator, family members of the owner or operator, employees, clients, or customers routinely park in other locations on the street(s) adjoining the residence, the business shall not be considered a no-impact home-based business. For the purposes of this section, the term 'routinely' shall mean more than twice in a given seven-day period.
(9) 
The total number of persons in the home, including residents, customers, clients, employees, and all others may not exceed the maximum occupancy of the residence at any time.
(d) 
Licenses and permits.
(1) 
No permit shall be required to impact a no-impact home-based business, however, a business operating in a residence shall be presumed not to qualify as a no-impact home-based business unless the owner or tenant provides an affidavit, on a form approved by the City Clerk, stating that the business in question is qualified. No fee shall be charged for the filing of such an affidavit. The affidavit shall contain at a minimum, the following:
a. 
The name of the owner or tenant.
b. 
The address of the residence.
c. 
The general nature of the business, including whether the business is subject to health inspections. If the business is subject to health inspections, the affidavit must have consent for inspections attached.
d. 
The maximum occupancy of the residence and a statement that the maximum occupancy will not be exceeded. It shall be the duty of the affiant to obtain this number from the Fire Department and provide proof of the same with his or her affidavit.
e. 
That the business qualifies as a no-impact home-based business.
f. 
A statement that the affiant is familiar with the provisions of this chapter and will comply with the same.
(2) 
For purposes of ensuring that the business activity is compliant with State and Federal law and paying applicable taxes, no-impact home-based businesses and other home occupations shall be required to have a business license.
(3) 
Businesses operated in a residence, which do not qualify as a no-impact home-based business must have a conditional use permit from the Planning and Zoning Commission.
(e) 
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.