(A) Adult entertainment.
(1) Adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult massage parlors, adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels or motels and adult body painting studios and other adult establishments may locate not less than 700 feet from:
(a) Any existing residential zoning district;
(b) Any areas designated for future residential development in the Byron Comprehensive Plan;
(c) Any place of worship, school or youth facility;
(d) Any licensed daycare center; or
(e) Any other adult establishment.
(2) For the purposes of this section, this distance shall be a horizontal measurement from the nearest existing residential district boundary, place of worship, school, youth facility or another adult establishment to the nearest boundary of the proposed adult establishment.
(B) Animal services. In the AG district, no cage or pen housing such animals shall be located nearer than 100 feet to any lot line.
(C) Assisted care facility.
(1) The use shall be required to meet the specifications of buffering and screening Class B as indicated in the table set forth in § 152.085 Buffering and Screening, with the exception of buffering and screening in the minimum side yards (five feet). Where the side yard is less than 10 feet as indicated on a proposed site plan, the requirement for shrubs shall be one per three feet.
(2) A permanent common open space area for passive group outdoor recreation activities shall be provided with a size of not less than 5% of the lot area:
(a) The area shall be landscaped with shade trees and shrubbery for the purpose of protection from the sun, screening and visual interest.
(b) Such an outdoor living area shall be properly drained, located for convenience and optimum use, and shall be walled, fenced, or planted to provide reasonable privacy.
(c) This area may be surfaced to provide an area for garden furniture. It may also be roofed in whole or in part, provided that it is open on all sides and meets the requirements for location of accessory buildings in its designated zoning district.
(3) All buildings shall have a common room open for use by all of the residents of the building. The common area shall meet the occupancy and space requirements for common rooms as outlined in the Uniform Building Code.
(D) Continuing care senior facility. A continuing care senior facility may include several uses within a single development, including townhouse or rowhouse dwellings, apartments, or assisted care facilities. Each use within the development shall be required to meet the standards specific to that use listed in this section.
(E) Dwelling, apartment. In the R-2 district, no more than 12 units shall be allowed per building.
(F) Dwelling, apartment mixed use.
(1) Dwelling units (apartments) shall be located above the ground floor.
(2) Buildings in the historic downtown area as identified in the Byron Comprehensive Plan Neighborhood Districts Map shall be permitted where adequate on-site parking is available.
(G) Dwelling, townhouse or rowhouse. In the R-2 district, no more than 10 units shall be allowed per building.
(H) Dwelling, single-unit detached (including manufactured homes).
(1) All such dwellings shall be constructed upon a permanent foundation which is located under the entire length of all exterior walls of the dwelling and is approved according to the Uniform Building Code (State Building Code). All post-frame structures are prohibited for dwellings.
(2) The minimum width of the dwelling shall be 20 feet, measured between nonintersecting exterior walls along a straight line perpendicular to both walls. The requirement shall not apply to any additions made subsequent to the original construction of the dwelling.
(3) All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code Division).
(I) Dwelling, two-unit (twinhome).
(1) The applicant shall record a covenant and deed restriction on all properties which will abut the common lot line. Said covenants and deed restrictions shall:
(a) Provide access to the abutting property for the adjacent property owner and/or his or her representative for the purpose of construction, reconstruction, repair, and maintenance of either side on the total property;
(b) Provide for necessary encroachments for footings, eaves, and special structures; and
(c) Provide for restrictions to limit color, material, and design of the building as to be compatible with the attached unit.
(2) The twinhome structure shall be located at least 15 feet from all other principal structures and ten feet from all accessory structures.
(3) The wall of the dwelling shall be placed upon said property in a manner not to encroach upon another lot.
(4) Water runoff from building roofs shall not drain onto abutting property but shall be required to drain onto only the lot on which the building is located.
(J) Manufactured home park.
(1) Manufactured homes shall comply with the applicable State of Minnesota laws and regulations on manufactured housing and manufactured home parks including, but not limited to, M.S. Chapter 327 and any applicable rules and regulations of the Minnesota Department of Health.
(2) Permit required. Prior to the development and operation of a manufactured home park a conditional use permit and site design review approval are required.
(3) Park size. A manufactured home park shall contain not less than 25 lots for manufactured homes.
(4) Permitted uses.
(a) Uses permitted within the park shall include only manufactured homes, storm shelters, recreational facilities, and accessory uses to the manufactured homes, including common laundering facilities and activities necessary for the operation and maintenance of the park.
(b) Accessory uses not listed in (a) may be allowed by conditional use permit.
(c) There shall be no outdoor camping anywhere in the manufactured home park.
(5) Only one manufactured home shall be located on an individual lot or space.
(6) Yard requirements.
(a) An open area shall be provided on each manufactured home lot to ensure privacy, adequate natural light and ventilation to the home and to provide sufficient area for outdoor uses essential to the manufactured home. The minimum lot area shall be 4,000 square feet. The maximum lot coverage for the manufactured home, carport, accessory structures, and driveway shall be 50%.
(b) Manufactured homes shall be no closer than 25 feet to adjacent manufactured homes in the side yard area and not less than 25 feet in the rear yard area. A front yard area of 20 feet shall be required between the paved roadway and manufactured home. Each lot shall be clearly defined by permanent markers located in the ground.
(c) No manufactured home shall be located closer than 50 feet to the right-of-way line of T.H. 14, C.S.A.H. 3, and C.S.A.H. 5 and 25 feet from the right-of-way line of all other public highways, roads, or streets. A manufactured home shall be located no closer to the park boundary than 20 feet.
(d) A buffer with a hedge or fence and landscaping shall be provided within the setback along all exterior boundary lot lines and along lot lines that are abutting a county, state, or federal highway. No buffer is required along lot lines abutting local streets.
(7) Building height. Except for public, community, and utility structures, the maximum height of principal and accessory structures shall not exceed one and one-half stories or 20 feet, whichever is less.
(8) Park site improvements.
(a) Streets shall be provided within the park. The internal street system shall provide convenient and safe circulation and access to each lot. These internal streets shall be private streets.
(b) The minimum street width (pavement surface) shall be as follows:
Table 152.5. Parking Street Width
Local Street1 | |||
Parking On-Street
2 | |||
Traffic Direction | One Side | Both Sides | No Parking |
One-way | 18 feet | 26 feet | 10 feet |
Two-way | 28 feet | 36 feet | 20 feet |
1 Travel lanes shall be 10 feet in width and parking lanes eight feet in width 2 Where no parking on-street is permitted, proper signing shall be required to indicate that no parking is permitted. Where no parking is permitted on-street, additional off-street parking shall be required at one additional parking space per lot. | |||
(c) Streets shall be paved to city construction standards for surface and subsurface materials and construction methods. Streets shall be maintained in good condition.
(d) A common sidewalk system shall be provided and maintained on all streets and between locations where pedestrian traffic is concentrated. Such sidewalks shall have a minimum width of five feet.
(e) A municipal sanitary sewer and municipal water system shall be installed in accordance with city specifications. All public and private utilities serving each manufactured home lot shall be placed underground. Fire hydrants shall be located in accordance with generally accepted practices listed in the city’s Engineering Specifications.
(f) The ground surface of all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe and efficient manner without risk or erosion or flooding of lots within the park or to lands adjoining or in the vicinity of the manufactured home park.
(g) There shall be provided within each manufactured home park suitable storm shelter facilities constructed completely below ground level and outside all flood prone areas and shall provide a minimum of ten square feet of shelter floor area for each lot in the park.
(h) An area shall be set aside for long-term storage for such items as boats, boat trailers, hauling trailers, and other equipment not generally stored within the manufactured home and/or a utility building on the manufactured home lot. This storage area shall be screened with a fence, wall, or berm and landscaping so as to not be visible from adjacent properties.
(i) Trash and garbage disposal shall be in common disposal areas with adequately sized bins in a walled or fenced area and be located within 150 feet of each lot and meet all Olmsted County Health Department regulations. Individual garbage cans shall not be permitted.
(j) There shall be provided within each manufactured home park, open space for play lots and recreation facilities for the exclusive use of the park occupants. Such open space area shall be a total of 20,000 square feet for each 50 manufactured home lots or an equal proportion thereof. Play lots shall be a minimum of 500 square feet in area and recreational areas shall be a minimum of 10,000 square feet in area. These open space areas shall be of appropriate design and provided with appropriate recreational equipment.
(9) Manufactured home and lot improvements.
(a) All manufactured homes shall be kept in good repair, shall remain in a sanitary and structurally sound condition, and shall conform to the requirements of MN Statutes and U.S. HUD.
(b) No manufactured home shall be erected on a lot except upon a manufactured home pad that shall meet all applicable Uniform Building Code (city building code) standards. Each pad shall have a minimum dimension equal to the dimensions of the manufactured home to be placed on the lot.
(c) All manufactured homes shall be equipped with an anchoring system approved by the Minnesota Department of Administration (Building Code division). The frame, wheels, crawl space, storage areas, and utility connections of all manufactured homes shall be concealed from view by skirting made of durable all-weather construction material that is consistent with the exterior of the manufactured home. Installation of the skirting must be completed within 60 days of the placement of the manufactured home on the pad. No obstruction shall be permitted that impedes the inspection of plumbing and electrical facilities.
(d) Dwelling units of conventional construction shall not be permitted on a manufactured home site, except for a manager’s office and residence.
(e) Off-street parking spaces shall be provided to minimize the disruption of traffic movement. Driveway area shall not be located on the lot such that the remaining open space area of each lot is substantially reduced in size. Each lot shall be required to have two off-street parking spaces. These spaces may be provided on the individual lot or in parking bays within 100 feet of the lot they are intended to serve. Parking bays shall not be permitted to be located on any public street within the park. On-lot spaces may be provided in tandem.
(f) No building or structure shall be attached to the manufactured home other than one removable cabana or awning. One carport and one utility shed shall be permitted on a manufactured home lot. Tuck under garages where the appropriate foundation walls are provided shall be permitted.
(g) All recreational vehicles, trailers, and other similar equipment shall be required to be parked in an area designated for such use on the manufactured home park plan. No on-street parking of recreational vehicles shall be permitted. This storage area shall be screened with a fence, berm, or trees and landscaping.
(K) Travel trailer parks and campgrounds.
(1) The park shall abut a paved public highway or street and have safe access onto such public roadway;
(2) A buffer shall be required along the entire property boundary perimeter as specified in § 152.085 Buffering and Screening;
(3) Each travel trailer parking site or camping site shall be within 200 feet of a community building which shall provide separate toilet facilities for each sex. Drinking water outlets shall be provided throughout the park or campground;
(4) Interior streets or paths for safe vehicle circulation shall be constructed in a manner so as to be useable during any time of the year and kept in a dust-free condition. Recreational travel trailer or other recreational vehicle parking areas shall be similarly constructed so as to be useable and dust free during any time of year;
(5) The park shall be graded and equipped to drain all surface water in a safe and efficient manner, without risk of erosion or flooding of lands adjoining or in the vicinity of the park. All surface area, excluding paved areas, shall be required to maintain vegetative cover of grasses, herbs or similar vegetative material on the entire park;
(6) Proper waste disposal methods shall be used that meet Olmsted County Department of Health standards and State Department of Health standards;
(7) The applicant shall be required to provide an accurate scaled drawing of the design of the planned park or campground. Information on all requirements of this chapter shall be included on the application by the applicant;
(8) All State of Minnesota laws and regulations and Olmsted County Department of Health regulations shall be complied with.
(L) Vehicle fueling station. Vehicle fueling stations shall be located adjacent to an arterial or higher-level street or to the frontage road adjacent to a higher-level street.
(M) Wireless use.
(1) Purpose. Establish regulations that protect the public health, safety, and general welfare of the community for the siting, construction, and maintenance of Wireless Communication Towers (WCT) and similar facilities within the city. This does not pertain to amateur radio.
(2) Objectives. The regulations of this subchapter are intended to:
(a) Maximize the use of existing approved structures for siting new antennas in order to reduce the number of new towers needed to serve the community.
(b) Provide for the appropriate location and development of antennas and towers within the city.
(c) Minimize adverse visual effects of wireless communications towers through siting standards.
(d) Utilize standard structural and setback requirements to avoid potential damage to adjacent properties from antenna and tower failure.
(3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTENNA. Any device or equipment used for the transmission or reception of electromagnetic waves, which may include omni-directional antenna, directional antenna or parabolic antenna.
CO-LOCATION. The location of more than one antenna or set of antennas on the same wireless communication tower or structure.
ENGINEER. Any person practicing as a professional engineer shall be duly licensed and certified under the guidelines stipulated in M.S. Ch. 326, as may be amended from time to time, for their particular field.
FAA. Federal Aviation Administration.
FCC. Federal Communication Commission.
HEIGHT. The distance measured from the ground level at the base of the tower or structure to the highest point on a tower or structure.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, e.g., monopoles and similar structures.
TOWER ACCESSORY STRUCTURE. Any structure located at the base of a tower for housing receiving or transmitting equipment.
WIRELESS COMMUNICATION. Any personal wireless service as defined in the Federal Communications Act of 1996, including FCC licensed commercial wireless telecommunications services such as cellular, personal communication services (PCS), paging and similar services that currently exist or may be developed.
(4) Interim use. Wireless communication towers and similar facilities are an interim use within the zoning districts as identified in Tables 152.1 and 152.2 subject to the following conditions:
(a) Permit required. It shall be unlawful for any person, firm, or corporation to erect, construct, place, replace or structurally repair any wireless communication tower or adjoining/accessory buildings without first making application to the Zoning Administrator and securing appropriate permit approval. Building permits are not required for adjustment or replacement of the elements for an antenna array affixed to a tower or antenna. All applications shall be accompanied by a coverage/interference and capacity analysis, including a technical evaluation of existing and proposed transmissions indicating all potential interference problems including, but not limited to, residential broadcast reception and public safety communications. All applications must demonstrate compliance with all existing FCC, FAA, Uniform Building Code and other pertinent regulations. As regulations change, wireless communication operators must demonstrate continued compliance at their expense. All subsequent co-locators must apply for individual building and conditional use permits in conformance with this section.
(b) Permitted locations.
(i) No wireless communication tower shall be erected in the city unless the applicant demonstrates that the equipment planned for the purpose of the proposed wireless communication cannot be accommodated on an existing or approved tower, building, or structure within one mile search radius of the proposed tower due to one or more of the following reasons:
a. The planned equipment would exceed the structural capacity of the existing or approved structure, as documented by a qualified and licensed professional engineer; and the existing or approved structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost.
b. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.
c. Existing or approved wireless communication towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.
d. Other unforeseen reasons that make it unfeasible to locate the planned equipment upon an existing or approved structure.
(ii) Wireless communications towers are permitted with a conditional use in areas with the following uses:
a. Industrial, manufacturing, commercial, and agricultural;
b. Parks and public open space when sited and designed to be compatible with the nature of the site;
c. Government, school and public utility structures; and
d. Places of worship.
(5) Design standards. All applications must meet the following minimum requirements.
(a) All towers and antennas shall comply with all FCC and FAA rules and regulations. Wireless communication towers attached to a building or existing structure shall comply with the setbacks of the zoning district and shall not exceed 20 feet in height beyond the top of the primary structure. Freestanding towers shall be set back one foot from any property line or building for each one foot of structural height. Freestanding towers shall not be located in a front yard, nor shall any part of the antenna or tower extend across or over any part of the public right-of-way, street, highway or walkway.
(b) Towers should be located in areas that provide the maximum possible amount of natural or existing structural screening for off-site view.
(c) Towers shall be self-supporting without the use of wires, cables, beams or other means, the design should utilize an open framework or monopole configuration that is designed to collapse in on itself in the event of structural damage. Design and installation of towers and antennas shall comply with all applicable federal and state standards, including FCC and FAA standards and the current Uniform Building Code, and shall be approved and stamped by a licensed professional structural engineer.
(d) Towers shall be designed to allow the future co-location of equipment at varying heights. Tower operators are required to accept co-location of communication equipment and shall not make co-location economically unfeasible. Towers over 150 feet in height shall be designed for co-location of at least three additional antennas. Towers of 125 feet to less than 150 feet shall be designed for co-location of at least two additional antennas. Towers of 100 feet to less than 125 feet shall be designed for co-location of at least one additional antenna. Subsequent co-locators are subject to the same provisions and procedures as the primary conditional use applicant.
(e) Towers shall only be illuminated by artificial means if such light is required by federal (FAA) or state regulations; or if the lighting is used to illuminate ball fields, parking lots or similar areas; or if said artificial illumination is used for crime prevention purposes.
(f) The use of any portion of a tower for signs other than required warning or equipment information is prohibited. All buildings and structures accessory to a tower shall:
(i) Be constructed of a material on the exterior of the building similar to the surrounding residential area when located in or adjacent to a residential zoning district.
(ii) Be buffered and screened from adjoining uses as established in the requirements of the underlying zoning district.
(iii) Meet the height and setback limitations as established for each zoning district.
(g) A tower shall have only one accessory building, which shall be immediately adjacent to the tower. The accessory building shall contain only electronic equipment that is necessary for the functioning of the telecommunications system.
(h) The ground level perimeter may be required to be screened with pre-approved landscaping and/or fencing at the owner’s expense. The tower shall be reasonably protected against unauthorized access and vandalism.
(i) All construction, installation, wiring and maintenance of towers shall not create a safety hazard or damage to the property of others, nor interfere with public safety communications.
(j) Owners or operators shall remove abandoned or unused towers and similar facilities within 12 months of the cessation of operations and shall restore the site to its original condition. Should the owners or operators of abandoned or unused towers and similar facilities fail to abide by this provision, the city shall remove the structure and shall assess the costs to the property, owner, or operator.
(k) All wireless communication facilities that are in existence to date may continue to operate, but may not be replaced or structurally altered without complying in all respects to this section. Routine adjustment or replacement of the primary or co-location antennae shall not constitute a replacement or structural alteration of a wireless communication facility.
(l) When the owner of property upon which a wireless communication facility is located requests preliminary plat approval or requests the issuance of a building permit, any and all wireless communication facilities which fail to conform to this section shall be removed prior to preliminary plat approval or building permit issuance, whichever occurs first.
(Ord. 2023-02, passed 5-9-23)