(A) Lot limitations.
(1) All lots shall be maintained and kept in a reasonably clean and neat condition.
(2) Unless otherwise approved by the City Council, no platted parcel, lot, or area of land recorded in the County Recorder's office shall have more than one principal building located thereon.
(B) Substitutes for buildings. No substitute for principal building. It shall be unlawful to place, erect, or maintain within the city any shipping container, wagon, motor vehicle, semi-trailer, truck, tent, or similar conveyance as a substitute for a principal building.
(C) Architectural projections.
(1) Outside stairways, fire escapes, fire towers, porches, platforms, balconies, boiler flues, and other similar projections shall be considered as part of the building and not allowed as part of the required space for yards, courts, or unoccupied space.
(2) This provision shall not apply to the following:
(a) One fireplace or one chimney not more than eight feet in horizontal length and projecting not more than 24 inches into the side yard;
(b) Cornices not exceeding 16 inches in width;
(c) Bay windows;
(d) Shade control devices;
(e) Any part of a solar energy system;
(f) Platforms, terraces or steps below the first floor level;
(g) Unenclosed porches not over one story in height; and
(h) Other ground level unenclosed projections which may extend into a front or rear yard not more than eight feet or into a side yard not more than one third of the distance between the principal building and side lot line.
(D) Structures not included in height of building. The following structures shall not be included in calculating the height of the principal structure:
(1) Chimneys;
(2) Elevator;
(3) Bulk heads;
(4) Stacks;
(5) Water towers;
(6) Pumping towers;
(7) Monuments;
(8) Cupolas;
(9) Steeples;
(10) Radio or television towers;
(11) Satellite receiving dishes;
(12) Solar collectors;
(13) Wind energy conversion systems; and
(14) Mechanical appurtenances pertaining and necessary to the permitted use of the district in which they are located.
(E) Easement encroachments and vacations.
(1) The City of Byron will consider an easement encroachment or vacation under the following
circumstances:
(a) The encroachment or vacation is not located within the 100-year water elevation of an existing storm water pond, wetland or drainage area.
(b) Site drainage will not be affected by the encroachment or vacation of the easement.
(c) The property owner will create the encroachment at no expense to the city.
(d) The property owner agrees to supply the city plans and drawings in detail, illustrating the proposed encroachment.
(e) Any encroachment or vacation is done at the property owner's own risk. If drainage and/or utility improvements on this easement are not properly maintained or otherwise become a problem in the future, the property owner(s) may be required by the city or utility to remove the easement encroachment structure and regrade the easement, at the property owner(s) sole expense.
(f) All other requirements of the Zoning Code shall be enforced. This agreement shall become a part of the permanent property record and apply to all present and future property owners. The property owner shall provide a scaled rendering of the structural encroachment/vacation that shall be attached to and recorded with the application for encroachment.
(g) The encroachment or vacation does not constitute a traffic or other hazard.
(h) The encroachment or vacation does not destroy or impair the public's use of the land for its intended purposes or serves a public purpose that cannot otherwise be accomplished without such minor impairment.
(i) The property owner agrees to save harmless the city from any and all claims for damages, injury or death resulting from the continuation and maintenance of said encroachment.
(j) Property owner agrees that the city or other utility may remove any encroachment or portion thereof, at the property owners' expense, if it is reasonably necessary to do so in order to construct, alter, maintain, repair or replace any utility in said easement. Should a utility remove any such encroachments, or portions thereof, the utility is not liable to the property owner or its successors or assigns for any damages resulting by reason of such removal. In no event shall the city or utility company be required to replace the encroachment or any part thereof.
(2) Any encroachment located on a property line shall have a written agreement from all property owners.
(3) A violation of this section would consist of any permanent alteration of any kind to or on an easement prior to completing the vacation/encroachment process. Any individual found in violation of any provision of this section shall be guilty of a misdemeanor.
(4) Easement vacations shall be processed following M.S. § 412.851.
(Ord. 2023-02, passed 5-9-23)