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Byron City Zoning Code

BASE DISTRICTS

§ 152.030 BASE ZONING DISTRICTS ESTABLISHED.

   (A)   The following base zoning districts are provided in order to promote and encourage the efficient economic development of land, buildings and all usable structures.
   (B)   The incorporated area of the City of Byron, Minnesota is divided into the following districts which shall be known by the following respective symbols and names:
      (1)   R-1 Low Density Residential District;
      (2)   R-2 Mixed Low Density Residential District;
      (3)   R-3 High Density Residential District;
      (4)   C Commercial District;
      (5)   I Industrial District;
      (6)   AG Agricultural District.
(Ord. 2023-02, passed 5-9-23)

§ 152.031 ZONING MAP.

   The areas comprising these zoning districts and the boundaries of said districts as shown upon the map attached hereto and made a part of this chapter, being designated as the “Official Zoning Map for the City of Byron” with all proper notations, references, and other information shown thereon.
(Ord. 2023-02, passed 5-9-23)

§ 152.032 DISTRICT BOUNDARIES.

   (A)   Except where referenced on said map to a street or alley line or other designated line by dimensions shown on said map, the district boundary lines of all districts shall follow the corporate limits of Byron, lot lines, or the centerline of streets, alleys, lakes or rivers as they existed at the time of the adoption of this chapter.
   (B)   Where interpretation is needed as to the exact location of the boundaries of any district, the Zoning Administrator shall make the necessary interpretation.
(Ord. 2023-02, passed 5-9-23)

§ 152.033 GENERAL ZONING PROVISIONS.

   (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)

§ 152.034 DISTRICT INTENTS.

   (A)   R-1 Low Density Residential District. The intent of the R-1 district is to provide land area for residential uses on larger urban lots that include and are compatible with single unit residential buildings. Furthermore, the intent is to apply this district to those areas designated as Low Density Residential in the Byron Comprehensive Plan.
   (B)   R-2 Mixed Low Density Residential District. The intent of this district is to provide land area for residential uses of an overall higher density than the R-1 District and permitting a mixture of housing
types that will provide additional flexibility in development of housing and housing choice in the city. The intent is to apply this district to those areas designated as Medium Density Residential in the Byron Comprehensive Plan, and in addition to be located in areas with immediate access to collector or higher level streets and not located in the interior of neighborhoods zoned only as R-1 according to the provisions of this chapter.
   (C)   R-3 High Density Residential District. The intent of this district is to provide areas primarily for residential uses of a high relative density that include multiple unit dwellings and manufactured home parks. This district applies to the High Density Residential land use designation of the Byron Comprehensive Plan.
   (D)   C Commercial District. The intent of this district is to provide land area for land uses of a service or retail nature and other commercial uses of a similar character and intensity. This district is intended to reflect the commercial designation of the Byron Comprehensive Plan.
   (E)   I Industrial District. The intent of the I district is to provide land area for land uses of an industrial nature including but not limited to manufacturing, major transportation and communication facilities, utilities, warehousing, wholesaling and uses of a similar character and intensity. Furthermore, the industrial district will consist of a downtown industrial area that recognizes existing industrial establishments and similar uses. The intent is to apply this district to those areas designated as "industrial" (downtown area and other) in the Byron Comprehensive Plan.
   (F)   AG Agricultural District. The intent of the AG district is to provide for the continuation of certain lands along the peripheral areas of the city used historically for agricultural purposes and activities and that will be used for urban land use in the future.
(Ord. 2023-02, passed 5-9-23)

§ 152.035 DISTRICT USES ESTABLISHED.

   (A)   In any district, whenever a use is neither specifically permitted nor denied, the use shall be considered prohibited. The Zoning Administrator may determine if a proposed use is consistent by type, intensity, physical characteristics, style, size, and purpose with any use listed in Tables 152.1 and 152.2.
      (1)   If found to be consistent with a listed use, the proposed use shall be treated the same as the listed use.
      (2)   If the proposed use is not found to be consistent with any listed use, the Council, Planning Commission, or property owner may request an amendment to this chapter to provide for the proposed use.
   (B)   When a property is located within the boundaries of more than one base or overlay district, the most restrictive use provision among the overlay and base zoning districts shall apply.
   (C)   District uses.
      (1)   Tables 152.1 and 152.2 list categories of land uses and whether they are permitted outright, permitted with standards, permitted under a conditional use permit, permitted under an interim use permit, or prohibited within each base zoning district. The land uses are defined in section 152.022 Use Definitions. The following definitions shall be referenced when using Tables 152.1 and 152.2:
         (a)   Permitted uses – a “P” in a cell of the use table indicates that the land use is allowed by right in the base zoning district.
         (b)   Permitted with standards uses – a “PS” in a cell of the use table indicates that the land use is allowed when standards identified in §§ 152.065 et seq., Use Standards are met. Uses permitted with standards are also subject to all other applicable requirements of this chapter. Any request to vary from the standards set forth for a permitted with standards use shall be processed as a variance.
         (c)   Conditional uses – a “C” in a cell of the use table indicates that the land use is allowed in the base zoning district only upon approval of a conditional use permit as described in § 152.102 and in compliance with any use-specific standards identified in §§ 152.065 et seq., Use Standards. Uses subject to a conditional use permit are also subject to all other applicable requirements in the City Code.
         (d)   Interim uses – an “I” in a cell of the use table indicates that the land use is allowed in the base zoning district only upon approval of an interim use permit as described in § 152.103 and in compliance with any use-specific standards identified in §§ 152.065 et seq., Use Standards. Uses subject to an interim use permit are also subject to all other applicable requirements in the City Code.
         (e)   Prohibited uses – a blank cell in the use table indicates that the land use is prohibited in that base zoning district.
      (2)   Table 152.1 Principal Use Table.
      (3)   Table 152.2 Accessory Use Table.
   152.1 Principal Use Table
Principal Uses
Base Zoning Districts
Use Specific Standards
Ag
Residential
Commercial
Industrial
Use Type
AG
R-1
R-2
R-3
C
I
Residential Uses
Principal Uses
Base Zoning Districts
Use Specific Standards
Ag
Residential
Commercial
Industrial
Use Type
AG
R-1
R-2
R-3
C
I
Residential Uses
Dwelling, single-unit detached
PS
PS
PS
See § 152.065
Dwelling, manufactured home
PS
PS
PS
See § 152.065
Dwelling, two-unit (twinhome)
PS
PS
See § 152.065
Dwelling, two-unit (duplex)
P
P
Dwelling, three to five unit
P
P
Dwelling, townhouse or rowhouse
PS
PS
See § 152.065
Dwelling, apartment
PS
PS
See § 152.065
Manufactured home park
C
C
C
See § 152.065
Dwelling, apartment mixed use
PS
See § 152.065
Assisted care facility
PS
PS
See § 152.065
Continuing care senior facility
PS
See § 152.065
Residential care, licensed in-home (6 or fewer persons)
P
P
Residential care, licensed in-home (7-16 persons)
P
P
Transient accommodation
I
Public, Social, or Health Care
Day care center
I
Institutional use
P
P
P
I
Membership organization
I
Commercial Uses
Animal services
PS
I
I
See § 152.065
Bar or drinking place
P
Restaurant
I
Retail/convenience retail trade
P
Services, low impact
P
Services, high impact
I
P
Taproom
I
I
Vehicle dealer
I
I
Vehicle fueling station
I
I
See § 152.065
Industrial Uses
Brewery, winery, distillery
I
P
Construction-related use
I
 
Proposed Principal Uses
Base Zoning Districts
Use Specific Standards
Ag
Residential
Commercial
Industrial
Use Type
AG
R-1
R-2
R-3
C
I
Proposed Principal Uses
Base Zoning Districts
Use Specific Standards
Ag
Residential
Commercial
Industrial
Use Type
AG
R-1
R-2
R-3
C
I
Extraction
I
Heavy industry
I
Junkyards
I
Light industry
P
Research/testing
P
Warehouse and distribution facility
P
Wholesaling, limited impact
I
P
Wholesaling, high impact
I
Arts, Recreation, Entertainment
Adult entertainment
I
See § 152.065
Commercial recreation, indoor
I
Commercial recreation, outdoor
I
Performance facility
I
Public recreation facility
P
P
P
P
I
Racing/track enterprise
I
Transient amusement enterprise
I
P
Travel trailer park or campground
I
I
See § 152.065
Agricultural Uses
General agriculture
P
Agricultural services
P
I
P
Retail agricultural
I
Cannabis Business Uses
Cultivation
PS
PS
PS
See § 152.065
Cannabis manufacturing
PS
PS
See § 152.065
Cannabis retail
PS
See § 152.065
Hemp manufacturing
PS
PS
See § 152.065
Wholesale
PS
PS
See § 152.065
Other Uses
Cemetery
I
I
Essential services
P
P
P
P
P
Wireless, principal
I
I
 
   152.2 Accessory Use Table
Accessory Uses
Base Zoning Districts
Use Specific Standards
Ag
Residential
Commercial
Industrial
Use Type
AG
R-1
R-2
R-3
C
I
Accessory Uses
Base Zoning Districts
Use Specific Standards
Ag
Residential
Commercial
Industrial
Use Type
AG
R-1
R-2
R-3
C
I
Accessory dwelling unit
PS
PS
PS
See § 152.066
Accessory retail
P
P
Accessory office
P
P
P
Accessory storage, indoor
P
P
P
Accessory structure
PS
PS
PS
PS
PS
See § 152.066
Accessory structure, agricultural
P
Car wash
P
Child care, family
P
P
P
P
Construction-related temporary use
P
P
P
P
P
P
Drive-thru establishment
I
Hazardous material storage
I
See § 152.066
Home occupation
PS
PS
PS
See § 152.066
Keeping of animals
PS
PS
PS
PS
See § 152.066
Mobile food unit
PS
See § 152.066
Off-street parking and loading facilities
P
P
P
P
P
P
Outdoor dining
P
Outdoor display of retail items
I
See § 152.066
Outdoor storage
PS
PS
See § 152.066
Produce stand
PS
PS
See § 152.066
Recreational facility, private
P
P
P
P
Secondary farm dwelling
I
See § 152.066
Short term vacation rental
PS
PS
PS
See § 152.066
Small-scale solar energy system
PS
PS
PS
PS
PS
PS
See § 152.066
Small-scale wind energy conversion system
PS
I
I
I
I
P
See § 152.066
Storage and parking of recreational camping vehicle, utility trailer, boat, or unlicensed vehicle
P
PS
PS
 
 
 
See § 152.066
Swimming pool or spa pool
PS
PS
PS
PS
PS
 
See § 152.066
Temporary outdoor promotional sales or events
 
PS
PS
PS
PS
PS
See § 152.066
Wireless, accessory
P
P
P
P
P
P
 
 
   (D)   Temporary family health care dwelling opt-out. Pursuant to authority granted by M.S. § 462.3593, subd. 9, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 2023-02, passed 5-9-23; Ord. 2025-01, passed 1-14-25)

§ 152.036 DISTRICT DIMENSIONAL STANDARDS.

   (A)   General. Land reserved for any street purposes may not be counted in satisfying yard or area requirements of the Zoning Code, whether the land is to be dedicated in fee simple or as an easement granted to the city.
   (B)   Lot dimensions.
      (1)   Minimum lot frontage; frontage modifications. Where curvilinear streets and cul-de sacs are used in a subdivision or where other unconventional lot shapes are used, a reduction in the lot frontage shall be permitted, provided that:
         (a)   The lot width measured at the required front yard setback shall equal the frontage required in this district; and
         (b)   The lot width measured at the front lot line shall not be less than 40 feet in the R-1 district and 35 feet in the R-2 and R-3 districts.
      (2)   Table 152.3 Minimum Lot Dimensions.
   (C)   Site dimensions.
      (1)   Table 152.4 Site Dimensions.
   152.3 Minimum Lot Dimensions
Minimum Lot Dimensions
Districts
Use
Lot Area
Lot Width/Frontage
Minimum Lot Dimensions
Districts
Use
Lot Area
Lot Width/Frontage
AG
General agriculture uses
15 acres
200 feet
All other uses
2 acres
150 feet
R-1
Dwelling, single-unit detached
7,200 SF
60 feet
Dwelling, manufactured home
7,200 SF
60 feet
Dwelling, two-unit (twinhome)
7,200 SF per unit
60 feet per unit
Dwelling, two-unit (duplex)
8,400 SF
70 feet
Cemetery
0.5 acre
70 feet
All other uses
8,400 SF
80 feet
R-2
Dwelling, single-unit detached
6,000 SF
50 feet
Dwelling, manufactured home
6,000 SF
50 feet
Dwelling, two-unit (twinhome)
6,000 SF per unit
50 feet
Dwelling, two-unit (duplex)
7,500 SF
60 feet
Dwelling, three to five unit
3,750 SF per unit
80 feet
Dwelling, townhouse or rowhouse
2,500 SF per unit
20 feet per unit
Dwelling, apartment
2,000 SF per unit
60 feet
All other uses
7,500 SF
80 feet
R-3
Dwelling, townhouse or rowhouse
2,500 SF per unit
20 feet per unit
Dwelling, apartment
2,000 SF per unit
60 feet
All other uses
5,000 SF
60 feet
C
All uses (historic downtown) 1,2 
2,000 SF
35 feet
All uses
5,000 SF
50 feet
I
All uses (historic downtown) 1 
5,000
50 feet
All uses
6,000
60 feet
1 The historic downtown area shall be determined as identified in the Byron Comprehensive Plan Neighborhood Districts Map.
2 All buffering and screening requirements as specified in § 152.085 Buffering and Screening shall be complied with under these provisions of this chapter. Where alleys exist, the rear yard measurement may include one-half the width of the alley. All loading/unloading areas and storage area requirements shall be complied with.
 
   152.4 Site Dimensions
District
Use
Minimum Setbacks
Maximum Height
Maximum Lot Coverage
Front1
Side1
Rear
Least width
Sum
Corner2
District
Use
Minimum Setbacks
Maximum Height
Maximum Lot Coverage
Front1
Side1
Rear
Least width
Sum
Corner2
AG
All uses
45 ft.
30 ft.
75 ft.
30 ft.
50 ft.
No height restrictions except where located within 200 ft of a residential zoning district, no building or structure shall have a maximum height of more than 55 ft.
Residential uses are 35 ft.
   N/A
R-1
Dwelling, single-unit detached
25 ft.
5 ft.
15 ft.
25 ft.
20 ft.
30 ft.
35%
Dwelling, manufactured home
25 ft.
5 ft.
15 ft.
25 ft.
20 ft.
Dwelling, two-unit (twinhome)
25 ft.
N/A
15 ft.
25 ft.
20 ft.
Dwelling, two-unit (duplex)
25 ft.
7 ft.
20 ft.
25 ft.
20 ft.
Cemetery
25 ft.
5 ft.
15 ft.
25 ft.
20 ft.
55 ft. 3
All other uses
25 ft.
20 ft.
45 ft.
25 ft.
30 ft.
R-2
Dwelling, single-unit detached
20 ft.
5 ft.
15 ft.
20 ft.
20 ft.
35 ft.
40%
Dwelling, manufactured home
20 ft.
5 ft.
15 ft.
20 ft.
20 ft.
Dwelling, two-unit (twinhome)
20 ft.
N/A
10 ft.
20 ft.
20 ft.
Dwelling, two-unit (duplex)
20 ft.
5 ft.
15 ft.
20 ft.
20 ft.
Dwelling, three to five unit
20 ft.
10 ft.
20 ft.
20 ft.
20 ft.
Dwelling, townhouse or rowhouse
20 ft.
10 ft.
20 ft.
20 ft.
20 ft.
Dwelling, apartment
20 ft.
10 ft.
20 ft.
20 ft.
20 ft.
All other uses
25 ft.
20 ft.
45 ft.
20 ft.
30 ft.
55 feet3
R-3
Dwelling, townhouse or rowhouse
20 ft.
10 ft.
20 ft.
20 ft.
20 ft.
35 ft.
40%
Dwelling, apartment
20 ft.
10 ft.
20 ft.
20 ft.
20 ft.
All other uses
20 ft.
5 ft.
15 ft.
20 ft.
20 ft.
55 feet3
C4
All uses (historic downtown)5
0 ft.
0 ft.
0 ft.
0 ft.
15 ft.6
35 ft.
100%
All uses
45 ft.
10 ft.
20 ft.
15 ft.
25 ft.
80%
I 7,8
All uses (historic downtown)5
15 ft.
7 ft.
14 ft.
15 ft.
15 ft.
55 ft.
100%9
All uses
15 ft.
10 ft.
20 ft.
15 ft.
15 ft.
80%
1 This is the minimum front required for a lot abutting a local street. Where a front or side yard of a lot abuts a major thoroughfare or frontage road to a major thoroughfare, based on the Thoroughfare Plan, an additional 10 feet shall be required for the adjacent front and side yard. This requirement does not apply to nonresidential land uses. In the R-1 and R-2 districts, where existing dwellings have a front yard of more than 20 feet, all new development shall be required to have a minimum front yard that is equal to or greater than the front yards of abutting lots that have front yards abutting the same street.
2 In the R-2 and R-3 districts, where all dwellings located along the side street have a front yard less than the required 20 feet, the side street side yard shall be permitted to be reduced to the front yard but in no case shall the side street side yard be less than 10 feet.
3 Any building in the R-1 district greater than 30 feet in height shall be set back from all lot lines 1 foot for each foot the building is greater than 30 feet. Any building in the R-2 or R-3 districts greater than 35 feet in height shall be set back from all lot lines 1 foot for each foot the building is greater than 35 feet.
4 All buffering and screening requirements as identified in § 152.085 Buffering and Screening shall be complied with under these provisions of this chapter.
5 The historic downtown area shall be determined as identified on the Byron Comprehensive Plan Neighborhood Districts Map.
6 The minimum rear yard may be reduced to zero where a commercial establishment has a part of its business located on an abutting lot which is located only within the commercial or industrial districts.
7 Where the use abuts a residential zoning district or a federal, state or county highway, a 45 foot setback shall be required.
8 Where an industrial establishment abuts a railroad right-of-way, the abutting side or rear yard may be reduced to zero. The minimum side or rear yard may be reduced to zero where an industrial establishment has a part of its business located on an abutting lot which is located only within the Commercial or Industrial District.
9 This percentage refers to 100% of the area available for building. This area is the area remaining after providing the minimum area or more for yard requirements, buffer and screen requirements, parking area and loading/unloading requirements where required.
 
(Ord. 2023-02, passed 5-9-23)

§ 152.037 BASE ZONING DISTRICT STANDARDS.

Commercial District (C)
   (A)   All commercial activities shall be conducted within a building. Exceptions to this requirement include activities using designated loading spaces and temporary waste storage.
   (B) No building customarily used for night operation shall be located closer than 100 feet to any residential district.
   (C)   Public streets, alleys, or parking areas shall not be used for commercial vehicle storage or parking on a temporary or permanent basis.
   (D)   Storage of all materials or machinery related to any principal use shall be stored in buildings. There shall be no outside storage, with the exception of vehicles used as part of the on-site commercial use.
(Ord. 2023-02, passed 5-9-23)