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Byron City Zoning Code

17.44 GENERAL

ZONING REGULATIONS

17.44.010 Generally

The provisions of this title shall be subject to such exceptions, additions or modifications as provided by the supplementary regulations set forth in this chapter.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.020 Cemeteries And Disposal Plants

Notwithstanding the limitations imposed by any other provisions of this title, the zoning board of appeals may permit erection or extension to existing cemeteries and the existing sewage disposal plant; provided, however, that such erection or extension is contiguous to present facilities.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.030 Dwellings On Small Lots

Notwithstanding the limitations imposed by any other provisions of this title the zoning board of appeals may permit erection of a dwelling on any lot in District Nos. 2, 3 and 4, separately owned or under contract of sale and containing, at the time of the passage of the ordinance codified in this section, an area or width smaller than that required for a one-family dwelling. Zoning board of appeal approval will not be required for the erection of a dwelling on any lot in District No. 1, separately owned or under contract of sale and containing, at the time of the passage of the ordinance codified in this section, an area or width smaller than that required for a one-family dwelling.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.050 Buildings For Construction Purposes

Any structure used for construction purposes may be erected in any district; provided, however, that within eighteen months from the date of erection of such structure it shall be modified or removed to comply with all provisions of this title.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.060 Quarries, Landfills And Topsoil Stripping

  1. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale, or for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, except upon approval by the zoning board of appeals as provided for in this title.
  2. The excavation, quarrying or drilling of natural mineral or organic deposits (except topsoil and water) for sale is prohibited in all districts, except District No. 10 pursuant to the provisions of Chapter 17.38.
  3. Public and private landfill operations are subject to the following provisions: waste products used for fill and natural soils must be well compacted, level, alternating layers of more or less constant section with a one-foot thick layer of natural soils occurring at least every four feet through the entire depth of the fill with all containers of any volume pressed flat before placement as fill. Topsoil required to bring to fill to the desired finished grade must be well-compacted black dirt no less than four inches in thickness.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.080 Net Site Area - Reduced Lot Area

No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any building located on the lot shall not thereafter be used until such building is altered, reconstructed, or relocated so as to comply with the area and yard requirements applicable thereto.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.090 Net Site Area - Visibility At Intersections

On a corner lot in any residential district no fence, wall, hedge or other structure or planting more than three and one-half feet in height shall be erected, placed, or maintained within the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are thirty feet distant from the point of intersection, measured along the street lines.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.100 Yards - Terraces

A paved terrace shall not be considered in the determination of yard sizes of coverage; provided, however, that such terrace is unroofed and unenclosed except for open guard railings not over three feet high and shall not project into any yard to a point closer than four feet from any lot line.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.120 Yards - Projecting Features

Bay windows, sills, belt courses, cornices and eaves and other architectural features may project into any required yard not more than three feet. Open fire escapes may extend into any required yard not more than four and one-half feet.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.130 Yards - Front Yard Depth

In District No. 1, District No. 2 and District No. 3, each dwelling hereafter erected shall have a front yard equal in depth to the average depth of the front yards of the lots immediately adjacent thereto on either side, but no front yard shall be less than ten feet, nor need any front yard have a greater depth than thirty feet, except that each dwelling hereafter erected fronting on State Routes No. 2 and/or No. 72 shall have a front yard not less than forty feet in depth.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.150 Heights

  1. Exceptions. The height limitations of this title shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, parapets, cornices, similar features, and necessary mechanical appurtenances usually carried above roof level.
  2. Height and Open Space. In any district any main building may be erected to a height in excess of that specified for the district provided each front, side and rear yard is increased one foot for each one foot of such additional height.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.160 Hazards - Garages, Filling Stations And Motor Vehicle Repair Shops

In District No. 7 plans for the erection or structural alteration of any garage for more than five motor vehicles, or of a filling station, or of a motor vehicle repair shop, shall be approved by the zoning board of appeals. The board may require such change therein in relation to yards, location of pumps and buildings and construction of buildings as it may deem best suited to insure safety, to minimize traffic difficulties and to safeguard adjacent properties.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.170 Hazards - Establishments Containing Fire Hazards

In District No. 7 plans for the use, erection or alteration of any building or lot for the storage, use or manufacture of materials or products of flammable nature or the use of manufacturing processes employing fire hazards shall be approved by the zoning board of appeals. The board may require such change therein in yards, location of machinery and buildings and construction buildings as it may deem best suited to insure safety, and to safeguard adjacent properties.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.180 Minimum Dwelling Area

  1. Any single-family residence, except trailers and camp buildings, hereinafter erected and used for dwelling purposes shall have a habitable area of not less than one thousand square feet. Dwellings on small lots in District No. 1 only, as described in Section 17.44.030, shall have a habitable area of not less than seven hundred twenty square feet. Any two-family dwelling unit hereinafter erected and used for dwelling purposes shall have a habitable area of not less than eight hundred fifty square feet per unit. Any multi-family dwelling unit consisting of three or more dwelling units shall have a habitable area of not less than seven hundred fifty square feet per unit.
  2. Any efficiency apartment house hereinafter erected and used for dwelling purposes shall have a habitable area of not less than five hundred square feet for each family housed therein; provided, however, that there is in each family dwelling unit no less than one hundred sixty square feet of habitable area for each person over one year of age residing therein.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.190 Length Of Building Construction

All buildings erected after the passage of the ordinance codified in this title shall be completed in all exterior details within eighteen months from the date of construction start.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.200 Exterior Design Restrictions

The construction of any building, the exterior design of which is intended to resemble an item of clothing, or food, or mechanical device, or an igloo, tepee, teapot, ice cream freezer, bottle, barrel, boat or objects of similar nature is prohibited in all districts.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008
Amended by Ord. 2020-07 on 1/20/2021

17.44.210 Transition Requirements

  1. Lots in Two Districts. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the larger portion of the lot shall be extended to include the entire lot.
  2. Business Entrances on Residential Streets. Where a residential district is bounded by a portion of District No. 5 through District No. 8, buildings for a business use erected on those lots adjacent to residence districts shall have front yard setbacks not less than one-half the distance required for the adjacent residential district.
  3. Side Yard and Rear Yard Transition. Where a lot in a commercial district abuts a lot in a residential district there shall be provided along such abutting lines a yard equal in width or depth to that required in the residential district.
  4. Corner Lot Transition. On every corner lot in a residential district there shall be provided on the side street a side yard equal in depth to the required front yard depth on such side street.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.220 Off-Street Parking

  1. The following parking spaces shall be provided and satisfactorily surfaced and maintained, by the owner of the property, for each building which, after the date when the ordinance codified in this title becomes effective, is erected, enlarged or altered for use for any of the following purposes:
    1. Dwelling, at least two parking spaces for each dwelling unit in the building or buildings;
    2. Office buildings, at least one parking space for each three hundred square feet of office floor area;
    3. Industrial establishments, at least one parking space for each five employees;
    4. Efficiency apartment house, at least one and one-half parking stalls per unit.
  2. All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the zoning board of appeals may permit the parking spaces to be on any lot within five hundred feet of the building, if it determines that it is impractical to provide parking on the same lot with the building.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.230 Off-Street Loading

The following loading spaces shall be provided and satisfactorily surfaced and maintained, by the owner of the property, for each building which, after the date when the ordinance codified in this chapter becomes effective, is erected, enlarged or altered for use for any of the following purposes:

  1. Stores, at least one loading space in side or rear yard for each store and if net merchandising floor area exceeds five thousand square feet on additional loading space for each additional two thousand square feet or major fraction thereof;
  2. Industrial, at least one loading space for each five thousand square feet or major fraction thereof devoted to such use.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.240 Floodplain Management - Provisions Adopted

The provisions of the floodplain management measures, as set forth in Section 44 CFR 60.3(c) of the National Flood Insurance Program, through the Federal Emergency Management Agency, are adopted by reference in full and as subsequently amended, as ordinances of the city, except where state flood regulations are more restrictive than those set forth in 44 CFR 60.3(c), in which case the state regulations shall apply.

HISTORY
Adopted by Ord. 2008-24 on 12/15/2008

17.44.250 Lot Arrangement

All lots shall abut on a street and each lot must contain a suitable building site. All lots shall be situated such that the building's front door shall face the front yard and street.

HISTORY
Adopted by Ord. 2003-07 on 6/28/2003
Amended by Ord. 2008-24 on 12/15/2008

2008-24

2020-07

2003-07