For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section. Unless the context clearly indicates to the contrary, words used in the plural number include the singular; the word “herein” means in these regulations; the word “regulations” means these regulations.
APPLICANT. Any person or entity that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities.
BLOCK. Any combination of land ownership bounded by streets, roads or highways, or a combination thereof, or by a combination of streets, roads or highways and public parks, cemeteries, railroad rights-of-way, streams, lakes, or similar manmade or natural physical barriers.
BUFFER. A strip of land, which may include vegetation, berms, fences, or walls, intended to separate two different uses from one another.
BUILDING. Any structure having a roof supported by columns or walls and used or built for the support, shelter or enclosure of persons, animals, chattel, or property of any kind.
BUILDING or STRUCTURE. Includes any part thereof.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct water either continuously or periodically.
CITY ATTORNEY. The licensed attorney designated by the governing body to furnish legal assistance for the administration of these regulations.
CITY COUNCIL. The governing body for the City of Byron.
CITY ENGINEER. The licensed engineer designated by the governing body to furnish engineering assistance for the administration of these regulations.
COMBINED ACCESS DRIVE. A driveway which provides access to more than one lot.
COMPLETE STREETS. The policy adopted by the city to encourage development of a connected network of city roadways and facilities that accommodate every mode of travel and which encourages Byron to enhance the safety, access and comfort of all users of all ages and abilities, including pedestrians, bicyclists, public transportation users, motorists and freight drivers, through the design, operation, and maintenance of the transportation network.
COMPREHENSIVE PLAN. A compilation of policy statements, goals, standards, and maps for guiding the physical, social and economic development, both private and public, of the municipality and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, and recommendations for plan execution. A Comprehensive Plan represents the City Council's recommendations for the future development of the municipality.
CONCEPT PLAN. A generalized plan indicating the boundaries of land intended for development which identifies the proposed land use, development pattern, and roadway alignment.
COUNTY RECORDER. The County Recorder of Olmsted County.
EASEMENT. A grant of one or more of the property rights by the property owner for the use of a designated portion of land by the public, individuals, groups, or corporations for specific purposes.
ENCUMBRANCE. A claim against an asset by an entity that is not the owner. Common encumbrances may include liens, easements, leases, mortgages, or restrictive covenants.
ENGINEERING SPECIFICATIONS. This term shall refer to the standards and specifications listed in the city’s Engineering Standards for Public Works and Standard Specifications and Details.
EROSION CONTROL/PROTECTION. Methods employed to prevent erosion which may include but are not limited to soil stabilization practices, limited grading, mulch, temporary erosion protection or permanent cover, and construction phasing.
FINAL PLAT. The final map or drawing on which the applicant’s plan of subdivision is presented to the City Council for approval and which, if approved, shall be submitted to the County Register of Deeds or Registrar of Titles.
FRONTAGE. The lot line adjoining a public street as measured along the street.
GRADE. The slope of a road, street, or other public way, specified in percentage terms.
GROUNDWATER. All water below the water table or upper limits of saturation and water below an apparent or perched water table as defined by the USDA SCS, Soil Survey of Olmsted County, Minnesota.
HOMEOWNERS ASSOCIATION. A formally constituted non-profit association or corporation made up of the property owners and/or residents of a definitive area; who collectively may take permanent responsibility for costs and upkeep of commonly owned or designated community property.
IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples of impervious surface include surfaces such as compacted sand, gravel, or clay as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar structures.
IMPROVEMENT. Any man-made, immovable item which becomes part of, is placed upon, or is affixed to land.
IMPROVEMENT, PUBLIC. Any improvement for which the local government may ultimately assume the responsibility for maintenance and operation or which may affect an improvement for which local government responsibility is established.
INDUSTRIAL USE. Any use specified listed within the industrial category on Table XX.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, with frontage on more than one street.
LOT, IRREGULAR. A lot with opposing property lines that are generally not parallel, such as a pie-shaped lot or a multi-sided lot.
LOT, REVERSED FRONTAGE. A lot so subdivided as to have its side lot lines coincide with the rear lot lines of adjacent lots on either or both sides of the aforesaid reversed frontage lot.
LOT LINE. A line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONT. The line separating the lot from the street right-of-way. In the case of a corner or double frontage lot, it shall be the shortest dimension on a public street or as designated by the original owner and filed with the city.
LOT LINE, REAR. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line not less than ten feet long, lying parallel and most distantly from the front lot line and wholly within the lot.
LOT LINE, SIDE. Any lot line not a front or a rear lot line. A side lot line separating a lot from a street is called a corner side lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
MONUMENT. Concrete and/or metal markers utilized to establish survey points and lot boundaries.
MULTI-USE TRAIL. A walkway or bikeway designed with a paved surface pathway for travel by means other than by motorized vehicles.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
OPEN SPACE. An area of land preserved from building development and intended to provide light and air within a development. Open space may be used for environmental, scenic, or recreational purposes.
OUTLOT. An undevelopable parcel of land shown on a subdivision plat as an outlot and designated for one of the following purposes:
(1) Land which is smaller than the minimum size permitted for lots and which is thereby declared unbuildable until combined through platting with additional land;
(2) Land that is part of the subdivision but is to be subdivided into lots and blocks at a later date; or
(3) Land that is to be used for a specific purpose (i.e. parks, trails, stormwater holding, etc.) as designated in a development agreement or other agreement between the city and the applicant. This land may be part of a homeowner’s association or some other similar entity approved by the city.
OVERSIZING. Public utilities or infrastructure which is installed at a size greater than necessary to serve the specific development in which it is located in order to serve future or additional development outside of the development.
PERSON. Includes a corporation, a partnership and an incorporated association of persons such as a club.
PERVIOUS SURFACE. Any surface maintained in its natural condition or covered by a material that permits infiltration or percolation of water into the ground.
PHASING PLAN. A drawing submitted with the preliminary plat that shows the order and anticipated timing of the final platting of the development.
PLANNING COMMISSION. A governmental agency appointed by the governing body according to M.S. §§ 462.352 and 462.354.
PRELIMINARY PLAT. The preliminary map or drawing containing the applicant’s plan of subdivision and including all elements and requirements set forth in this chapter and the applicable zoning ordinance regulations.
PUBLIC HEARING. A public meeting for which public notice has been given and an opportunity for public testimony is provided.
RIGHT-OF-WAY. A strip of land acquired by dedication, reservation, prescription, or condemnation and occupied or intended to be occupied by a street, sidewalk, trail, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.
SANITARY SEWER. All pipes, manholes, and other structures, appurtenances, or courses, manmade or natural, which form a part of the sanitary sewer system of the city.
SETBACK. The minimum distance in linear feet measured on a horizontal plane between a structure and a lot line, ordinary high water level, top of a bluff, or right-of-way.
SHALL is always mandatory.
SIDEWALK. An improved surface that is typically located adjacent to a roadway.
SLOPE. The change in ground elevation between two points.
SLOPE, STEEP. A slope exceeding 8%.
SOIL EROSION. Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature.
STORMWATER RUNOFF. Water defined under Minnesota Rules 7077.0105(41)(b) which includes precipitation runoff, stormwater runoff, snowmelt, and any other surface runoff and drainage.
STREAM. A perennial or intermittent waterway where excess water from rain, snowmelt, or groundwater accumulates on the ground surface and begins to run downhill.
STREET. A public right-of-way for vehicular traffic which affords primary means of access to abutting property, whether designated as a street, highway, arterial, collector, road, avenue, lane, place, or however otherwise described.
STREET, CONTROLLED ACCESS. A roadway which restricts access to the right-of-way.
STREET, DEAD-END (PERMANENT). A street having one end open to traffic and being permanently terminated by a turnaround for vehicles. A cul-de-sac is considered a permanent dead-end street.
STREET, DEAD-END (TEMPORARY). A street having one end open to traffic and being temporarily terminated by a vehicular turnaround.
STREET, EXISTING NEIGHBORHOOD COLLECTOR. An existing street designated in the Comprehensive Plan which connects neighborhoods and local streets to arterial streets. Access is controlled where possible to reduce conflicts with private drives.
STREET, FUTURE NEIGHBORHOOD COLLECTOR. A future street designated in the Comprehensive Plan which is intended to connect neighborhoods and local streets to arterial streets. Private access drives are limited on this street type.
STREET, LOCAL. A street of limited continuity designated in the Comprehensive Plan which is used primarily for access to the abutting properties and the local needs of a neighborhood.
STREET, MINOR ARTERIAL. A street designated in the Comprehensive Plan and primarily designed for vehicle mobility between and among large areas. Minor arterial streets provide a quarter to half mile roadway access but do not allow new private access drives.
STREET, PRINCIPAL ARTERIAL. A street designated in the Comprehensive Plan and primarily designed to carry large volumes of traffic and to provide for vehicular movement between and among large areas. PRINCIPAL ARTERIAL STREETS include very limited roadway access and no private access drives.
STREET, PRIVATE. A private access way that connects abutting properties to a public street. Private streets differ from private driveways in that the private street is on a separate parcel from the structure(s) it serves, and that it is owned and maintained by a homeowner’s association or some other similar entity approved by the city.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. This definition includes but is not limited to buildings, manufactured homes, sheds, towers, detached garages, and other similar items.
SUBDIVISION. The division of a tract of land into two (2) or more parcels by platting, replatting, conveyance, registered land survey, or other means.
SUBDRAIN. Perforated pipe installed for draining groundwater. Formerly known as subsurface water drainage.
SURFACE DRAINAGEWAY. A waterway used for the drainage of surface water.
TEMPORARY IMPROVEMENT. Improvements built and maintained by an applicant during construction of the subdivision and prior to final City Engineer inspection and approval of all required improvements.
TOPSOIL. The fertile, uppermost part of the soil containing significant organic matter largely devoid of debris and rocks and often disturbed in cultivation.
USED or OCCUPIED. As applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied”.
UTILITY, PRIVATE. Utilities which are not subject to city acceptance for operation or maintenance, including natural gas lines, electric power, communication lines, their appurtenances, and any component part(s) thereof.
UTILITY, PUBLIC. Utilities that are subject to city acceptance for operation and maintenance, including water lines, sanitary sewer lines, storm sewer lines, and their appurtenances and any component part(s) thereof.
WALKWAY. Any sidewalk or trail intended for pedestrian use.
WATERWAY. A channel or depression through which water flows year-round or intermittently such as rivers, streams, or creeks.
ZONING ADMINISTRATOR. The officer as appointed by the governing body to administer the regulations of this chapter and to administratively assist other boards and commissions.
ZONING CODE. Chapter 152 of this Code of Ordinances controlling the use of land as adopted by the city.
(Ord. 2023-02, passed 5-9-23)