For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ALLEY. Any dedicated public way providing a secondary means of ingress and/or egress to land or structures thereon.
APPLICANT. Any person or entity that applies for a building permit, land use approval, or a permit to allow land disturbing activities.
BASEMENT. That portion of a floor of a building which is wholly or one-half or more below the average grade of the ground level adjoining the building.
BUILDABLE AREA. That part of the lot not included within the required setback and open space required by this chapter.
BUILDING. Any structure having a roof supported by columns or walls and used or built for the shelter or enclosure of any person, animal or property of any kind.
BUILDING HEIGHT, ACCESSORY. The vertical distance measured from the average ground level adjoining the building to the peak of the roof.
BUILDING HEIGHT, PRINCIPAL. The vertical distance measured from the average ground level adjoining the building to the bottom of the eaves.
BUFFER. A strip of land, which may include vegetation, berms, fences, or walls, intended to separate two different uses from one another.
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.
COMPREHENSIVE PLAN. The long-range plan for the desirable use of land in the city as officially adopted and as amended from time to time by the City Council.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, building and other structures, mining, dredging, filling, grading, paving, excavation, drilling, operations or storage of materials or equipment.
DISTRICT, ZONING. Any section of the incorporated area of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
ERECTED. Built, constructed, reconstructed, moved upon or any physical operation on the premises related to the establishment of a structure; excavation, fill, drainage and the like shall be considered a part of ERECTION.
FAMILY. Any number of persons living together and related by blood, marriage, adoption or any unrelated person who resides therein as though a member of the family.
FLOOR AREA. The area within the exterior walls of the main building or structure as measured from the outside walls at the ground floor level, not including detached garages or unenclosed porches.
FOOT CANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
GLARE. The brightness of a light source which causes eye discomfort.
GOVERNMENTAL AGENCIES AND OFFICIALS.
(1) BOARD OF ADJUSTMENT. City of Byron Board of Adjustment appointed by the Byron City Council.
(2) BUILDING INSPECTOR. The City of Byron Building Inspector or an authorized representative.
(3) PLANNING COMMISSION. The Planning Commission of Byron, appointed by the City Council and established under M.S. § 462.354, subd. 1, as amended.
(4) ZONING ADMINISTRATOR. The Byron City Administrator or a designated representative.
GROUND LEVEL, AVERAGE. The average elevation of the finished grade at the outside building wall that is adjacent to the front yard.
HAZARDOUS MATERIAL. A solid, liquid or gaseous material that may cause or contribute to serious illness or death or that poses a substantial threat to human health or to the environment when improperly managed. HAZARDOUS MATERIAL may be identified by any of four characteristics. The four characteristics are as follows:
(1) Ignitable. These materials may pose a fire hazard. Fires may present immediate dangers of heat and smoke and may also spread harmful particles over a wide area.
(2) Corrosive. These materials require special containers because of their characteristic of corroding standard materials. They have an additional characteristic of being able to dissolve toxic compounds.
(3) Reactive. These materials, when handled in a routine manner, may react spontaneously and vigorously with air and/or water. They also may be unstable to shock or heat. They may generate toxic gases or explode.
(4) Toxic. These materials, when improperly managed, may release toxicants (poisonous material) in sufficient quantities to pose a hazard to human health or to the environment.
LOADING SPACE. An off-street space: on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
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 AREA. The total square footage or area on a lot.
LOT COVERAGE. The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.
LOT FRONTAGE. The lot line adjoining a public street as measured along the street.
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.
LOT OF RECORD. A lot which is part of a subdivision plat, the map of which has been legally recorded in the office of the Register of Deeds of Olmsted County or a lot described by metes and bounds, the deed to which has been legally recorded in the office of the Register of Deeds of Olmsted County. Lots not approved by the city through the subdivision code shall be considered illegal and not lots of record.
LOT WIDTH. The distance between the side lot lines measured along a line parallel to and at the minimum required front yard line.
NONCONFORMING LOT. A lot that does not comply with the minimum lot area or frontage requirements of the district in which it is located.
NONCONFORMING STRUCTURE. A structure that does not comply with the bulk, height, or setback regulations of the district in which it is located.
NONCONFORMING USE. Any use of a lot or structure which does not conform to the applicable use regulations of the district in which it is located.
PARKING SPACE. An area either public or private to be used for the temporary storage or parking of motor vehicles by customers, residents, and guests. (Not to include vehicle or implement sales or storage lots.)
PERSON. Any individual, corporation, firm, partnership, association, organization or other group acting as a unit. It also includes any executor, administrator, trustee, receiver or other appointed representative.
POOL. Any structure, chamber, or tank containing an artificial body of water for swimming, diving, relaxation, or recreational use including special purpose pools and wading pools.
POOL, SPA. A hot water pool intended for seated recreational use with a water agitation system in addition to the recirculation system.
PORCH, UNENCLOSED. An entrance to a building which may include steps, a landing, railings and a roof, but not enclosed either partially or completely above the landing by windows, screens or siding.
PUBLIC UTILITY. 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.
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.
STATE BUILDING CODE. The Minnesota State Building Code, setting forth standards for the construction, addition, modification and repair of buildings and other structures for the purpose of protecting the health, safety and general welfare of the public.
STREET. A public or private 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, COLLECTOR. An existing or proposed 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, 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.
STRUCTURE, ACCESSORY. Any structure which is not attached to the main or principal building, including garages, sheds, carports, greenhouses, and other similar structures.
STRUCTURE, PRINCIPAL. A structure housing the principal use on the property.
STRUCTURE, TEMPORARY. Any structure without foundation or footings which is designed to be transportable and which is not designed for attachment to the ground, to another structure or to any utility system on the same premises for an undetermined length of time.
STRUCTURE ALTERATION. Any changes in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial change in the roof and exterior walls.
USABLE OPEN SPACE. Outdoor space designed or intended for passive or active recreation which is accessible and suited to the needs of the development’s residents and/or employees, including but not limited to, parks, forests, lakes, patios, plazas, and other such areas.
USE. The purpose for which land or buildings thereon are designed, arranged or intended to be occupied or used or for which they are occupied or maintained.
USE, ACCESSORY. A use naturally and normally incidental to, subordinate to and auxiliary to the principal permitted use of the premises.
USE, CONDITIONAL. A use that would not be appropriate generally, but may be allowed upon finding that specific conditions and criteria are met and appropriate restrictions are placed on the lot structure or use such that the use is compatible with the neighborhood and consistent with the Byron Comprehensive Plan.
USE, INTERIM. A temporary use of property until a particular date, occurrence of a particular event, or until zoning regulations no longer permit it.
USE, PERMITTED. Any use allowed in a zoning district and subject to the restriction applicable to that zoning district.
USE, PRINCIPAL. The primary or predominant use of any lot.
YARD. A required open space on the same lot as the principal building not occupied by buildings or structures and unobstructed and open to the sky, except as specifically provided for in this chapter.
YARD, FRONT. A required yard extending across the full width of the lot and lying between the front lot line and principal building.
YARD, REAR. A required yard extending across the full width of the lot and lying between the rear lot line and the principal building.
YARD, SIDE. A required yard extending between the front and rear lot lines or rear lot boundary and located between the side lot line and principal building and attached buildings.
ZONING CERTIFICATE. Document issued by the Zoning Administrator authorizing buildings, structures or uses consistent with the terms of the zoning code and for the purpose of carrying out and enforcing its provisions.
ZONING CODE. The zoning code of the City of Byron.
ZONING MAP. A map or maps which are a part of this chapter which delineates the boundaries of zoning districts and which is on display in the City Clerk-Treasurer's office, being designated as a Zoning Map of the City of Byron with all proper notations, references and other information shown thereon.
(Ord. 2023-02, passed 5-9-23)