Byron City Zoning Code
GENERAL PROVISIONS
§ 152.001 TITLE AND AUTHORITY.
(A) The city ordains this chapter, which shall be known and cited as the "Zoning Code of the City of Byron" and is a chapter setting the minimum and maximum standards for the height and size of buildings and other structures, type of foundation, the size of yards, courts and other open spaces, the density of population, the location and use of buildings or land for trade, industry, residence, recreation, public activities, agriculture and other purposes; using districts for said purposes and establishing the boundaries thereof; providing for changes in regulations, restrictions and boundaries of such districts; defining certain terms used herein; providing for enforcement and administration and imposing penalties for the violation of this chapter.
(B) The authority to adopt this chapter within the City of Byron is derived from M.S. Chapter 462, including but not limited to §§ 462.357 and 462.358, as well as other applicable state statutes and rules. Whenever any state laws or rules referenced in this chapter have been amended or superseded, this chapter shall also be considered amended accordingly.
(C) The effective date of this chapter is May 9, 2023. This chapter hereby supersedes and replaces in its entirety Chapter 152 of the Byron, Minnesota Code on the effective date hereof. The provisions of this chapter shall apply to all development plans and permits filed on or after the effective date. Plans on file before the effective date shall be reviewed for compliance with the Zoning Chapter effective at the time of filing.
(Ord. 2023-02, passed 5-9-23)
§ 152.002 PURPOSES.
(A) Pursuant to the authority conferred by the State of Minnesota in § 462.357, Laws of 1965, as amended, and for the following purposes:
(1) Promote and protect the public health, safety, and general welfare of the inhabitants of the city;
(2) Protect and conserve the character and social and economic stability of residential, commercial, industrial, agricultural, and other use areas;
(3) Secure the most appropriate use of land and orderly development throughout Byron;
(4) Prevent the overcrowding of the land and undue congestion of population;
(5) Provide adequate light and air and reasonable access;
(6) Facilitate the provision of public services and facilities;
(7) Secure equity among individuals in the use of their property;
(8) Conserve the unique and other natural environmental features and natural processes;
(9) Allow for the provisions of a safe, adequate supply of housing in suitable residential environments;
(10) Promote the safe, rapid, and efficient movement of people and goods;
(11) Encourage energy conservation and the use of solar energy;
(12) Carry out the spirit and intent of the land use policies of the city.
(B) The city will only accept complaints from complainants who are directly affected by an alleged violation of this chapter. The term "directly affected" refers to complainants who own real property within 350 feet of the allegedly offending property. Nothing contained herein shall prevent the City Council from acting on its own motion to enforce the provisions of this chapter.
(Ord. 2023-02, passed 5-9-23)
§ 152.003 COMPLIANCE REQUIRED.
It shall be the duty of all property owners, architects, contractors, builders and other persons having charge of the erecting, altering, changing or remodeling of any building or structure, including manufactured homes, before beginning or undertaking any such work to see that such work does not conflict with and is not a violation of the terms of this chapter, and any such property owner, architect, builder, contractor or other person doing or performing any such work of erecting, repairing, altering, changing or remodeling and in violation of or in conflict with the terms of this chapter shall be deemed guilty of a violation hereof in the manner and to the same extent as the owner of the premises or the persons for whom such buildings are erected, repaired, altered, changed or remodeled in violation hereof and shall be held accountable for such violation.
(Ord. 2023-02, passed 5-9-23)
§ 152.004 RELIEF FROM PERSONAL RESPONSIBILITY.
Any claim based upon an act or omission of an officer or employee exercising due care in the execution of any valid or invalid portions of this chapter, any claim based upon the performance or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused, are numerated as exceptions to M.S. § 466.02, as it may be amended from time to time, and said section does not apply. The city shall defend, save harmless and indemnify any of its officers or employees, whether elected or appointed, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty in the enforcement and administration of the Zoning Code, except as provided in M.S. § 466.07, as it may be amended from time to time.
(Ord. 2023-02, passed 5-9-23)
§ 152.005 INTERPRETATION OF STANDARDS.
(A) In their interpretation and application, the provisions of the Zoning Code shall be held to be minimum requirements.
(B) Wherever the Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or rules or regulations or ordinances, the provisions of the Zoning Code shall govern.
(Ord. 2023-02, passed 5-9-23)
§ 152.006 VALIDITY.
This chapter and the various parts, sentences, paragraphs, sections and clauses thereof are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged to be unconstitutional or invalid for any reason by a court of competent jurisdiction, such holding shall not affect the remaining portions of this chapter.
(Ord. 2023-02, passed 5-9-23)
§ 152.007 ENFORCEMENT.
The provisions of this chapter shall be administered and enforced by the Zoning Administrator designated by the City Council or his or her authorized representative.
(Ord. 2023-02, passed 5-9-23)
§ 152.008 PROPERTY NOT INCLUDED; ANNEXATIONS.
Territory annexed to the city subsequent to the effective date of such annexation shall become a part of the Low Density Residential (R-1) District. The zoning shall be temporary and the Planning Commission shall recommend to the City Council within a period of one year from the date of annexation on a final zoning map for the annexed territory. The Commission may recommend such final zoning map at the time of annexation.
(Ord. 2023-02, passed 5-9-23)
§ 152.009 NONCONFORMING USES, LOT, AND STRUCTURE.
(A) Where the districts established by the Zoning Code contain structures, lots, and uses of land and structures which were lawful or nonconforming before this Zoning Code was passed or amended, but which are prohibited under this chapter, it is the intent of this chapter to permit these nonconformities to continue under specified conditions as outlined in the standards contained in this section.
(B) All nonconformities shall be encouraged to convert to conformity whenever possible.
(C) Continuation of nonconforming structure or use.
(1) Subject to the provisions of this chapter, a nonconforming structure or use may be continued and maintained in reasonable repair, but shall not be altered, extended, enlarged or moved in such a way as to increase its nonconformity under this chapter. Alterations or modifications to nonconforming structures which have the effect of not increasing their nonconformity are permitted subject to zoning certificate approval and compliance with all other applicable ordinance provisions. Additional encroachment of existing structures or buildings into a required yard when a portion of the existing structures already encroaches into that yard and the proposed addition or alteration will not exceed the existing encroachment may be permitted subject to zoning certificate approval where all other provisions of this chapter are met or exceeded.
(2) Grain elevators, and other buildings in which operations are conducted that are directly related to grain elevators, located in the downtown industrial area and that do not meet the maximum building height limitations of § 152.036 District Dimensional Standards shall be permitted to replace or rebuild existing structures to their original height; furthermore, all new structures shall be permitted to be constructed to the same height as other structures already part of the industrial use. However, in no case, and at no time, shall a building or structure exceed 90 feet in height in the downtown industrial area.
(D) Continuation of nonconforming lots. Any conforming use or conforming structure on a nonconforming lot of record may be enlarged, extended, constructed, or moved so long as all other requirements of this chapter are met.
(E) Discontinuance of nonconforming use. If a nonconforming use is discontinued for a period of 12 consecutive months, further use of the property shall conform to this chapter. If a nonconforming use is replaced by another use, the new use shall conform to this chapter.
(F) Destruction of nonconforming structure or use. If a nonconforming structure or a conforming structure with a nonconforming use located therein is destroyed by any means to an extent of more than 50% of its market value at the time of destruction, it shall not be reconstructed or used except in conformity with the provisions of this chapter. If the structure is destroyed to less than 50% of its market value, it must be restored to its original condition if said restoration begins within 180 days from the date the damage occurred; otherwise the structure shall be made conforming.
(Ord. 2023-02, passed 5-9-23)