Byron City Zoning Code
OVERLAY/SPECIAL DISTRICTS
§ 152.050 GREENWAY OVERLAY DISTRICT.
(A) Purpose. The Greenway Overlay District is intended to protect natural resources and allow for the development of a connected, city-wide greenway recreational trail network.
(B) Application.
(1) The Greenway Overlay District shall apply to any parcel that contains areas identified on the Greenway Overlay District Zoning Map.
(a) The Greenway Overlay District is generally intended to include any wetland, stream, or Decorah formation and a 50 foot buffer around said natural feature or as otherwise identified by the City Council.
(b) The Greenway Overlay District also includes 50 foot wide greenways which connect natural features on a site or to the parcel boundary when natural features are located beyond the parcel under development.
(2) Interpretation of the exact boundary shall be made by the Zoning Administrator based on publicly available data, such as the national wetland inventory and public waters inventory, as well as information from the property owner which is prepared and signed by a licensed professional (engineer, surveyor, etc.).
(3) The Greenway Overlay District shall be used with any underlying base zoning district as shown on the Zoning Map.
(4) Unless otherwise exempted, the regulations of this chapter shall be required when any land is subdivided or significant grading of a site is proposed.
(C) Uses allowed. Uses are allowed based on the underlying base zoning district.
(D) Required preservation.
(1) Natural areas, natural area buffers, and greenway connections identified on the Greenway Overlay District Zoning Map shall be, at the discretion of the City Council, either:
(a) Dedicated to the city; or
(b) Preserved within an outlot owned by the homeowners association established as part of the development. The outlot must include an easement that preserves the greenway area and allows for the development of a public recreational trail.
(2) No construction activity shall be allowed within the designated preservation areas, including grading, excavation, or stockpiling of fill materials whether to provide for a building site, on site utilities or services, or for any roads or driveways. In addition to any construction activities specifically allowed by the City Council, the following activities are permitted:
(a) Construction of multi-use trails;
(b) Restoration of previously disturbed or degraded areas to their natural state;
(c) Enhancement of the habitat or natural resource value of the natural area;
(d) Construction needed for emergency public safety; or
(e) Installation of utilities when such installation cannot reasonably occur in other areas and when conducted with sensitivity to natural features.
(E) Required development.
(1) Each development within the Greenway Overlay District shall include a ten foot public multi-use trail.
(2) The multi-use trail shall be located adjacent to or along natural features to the maximum extent possible given site conditions. The trail shall be outside of any required natural resource buffers.
(3) The multi-use trail shall be designed to connect to multi-use trails located immediately adjacent to the proposed development or to align with locations where future trail extensions may occur on adjacent properties.
(F) Credit for preservation.
(1) The portion of the preservation area that shall be credited towards the development’s park dedication requirement is the area that is preserved for the development of a recreational trail. This area shall include the trail corridor. Land required to be preserved based on federal, state or local requirements, including, but not limited to wetlands, streams, steep slopes, and associated buffers shall not be counted towards park dedication.
(2) For the purposes of calculating density as identified in the Byron Comprehensive Plan, the portion of the preservation area that was not credited towards park dedication shall be included as part of the lot area. This calculation shall not include any area that is otherwise required to be preserved based on federal, state or local requirements, including, but not limited to wetlands, streams, and steep slopes.
(Ord. 2023-02, passed 5-9-23)
§ 152.051 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.
(A) Intent. The intent of the PUD district is to:
(1) Encourage developments offering greater creativity, alternative development styles, and flexibility in site plan design than is provided under the strict application of zoning regulations, while at the same time preserving the health, safety, order, convenience, prosperity, and general welfare of the City of Byron. The PUD district may allow deviations, under appropriate circumstances, to underlying ordinance provisions if it is proven that public benefits are provided to mitigate any deviations.
(2) Allow for and facilitate the potential mixture of uses in an integrated and well-planned area when such mixing of land uses could not otherwise be accomplished under this Code.
(3) Ensure concentration of open space into more usable areas, and to protect and preserve the natural features and resources of a site.
(4) Facilitate the efficient provision of streets and public utilities.
(B) Overall density.
(1) Within a PUD, overall density for residential developments shall be consistent with the Comprehensive Plan.
(2) Individual buildings or lots within a PUD may exceed those standards, provided that density for the entire PUD does not exceed the permitted standards.
(C) Permitted uses.
(1) Uses permitted in a PUD shall include those uses considered to be in conformance with the general land use shown for the area on the Byron Comprehensive Plan. The city may permit up to 25% of the gross floor area of all buildings in a PUD to be used for land uses for which the site is not designated in the Comprehensive Plan if the City Council finds that such use is in the best interests of the city and is consistent with the requirements of this section.
(2) A PUD may not contain uses which, according to the city’s underlying districts, are not allowed anywhere in the city.
(3) Uses permitted in a PUD may consist of one or a mixture of land uses clearly designated by type on the approved final development plan. Mixed uses may occur among or within buildings as long as the uses are compatible with each other and with planned and existing uses surrounding the planned unit development. Any change in the list of uses presented in the development stage PUD plan will be considered an amendment to the PUD and shall follow the procedures specified in § 152.106.
(D) District standards. The district standards shall be as follows:
(1) Minimum PUD area. Ten acres of contiguous land in single ownership or control. A land use of less than ten acres may qualify if one or more of the following conditions exist:
(a) The PUD is to include two or more principal land uses;
(b) Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features;
(c) The land is adjacent to or across the street from property which has been developed as a PUD and is to be developed in relationship to such prior development;
(d) The land is located in the city’s historic downtown;
(e) The land is an existing developed site which is proposed for redevelopment; or
(f) The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses.
(2) Determining standards. Standards such as lot size, coverage, setbacks, building height, parking, and screening shall be governed by the standards of the zoning district most similar in function to the proposed PUD use(s), as determined by the Planning Commission and City Council. Deviation from those standards may be permitted only if such deviation is consistent with the total design of the development, encourages a desirable living environment, and is not detrimental to the welfare of the city.
(a) More than one principal building may be constructed on each platted lot within a PUD as long as the buildings are separated by at least 15 feet.
(3) Access.
(a) All land uses shall abut on a public street or have adequate access to a public street by means of a private street or drive. All streets and drives must tie in effectively with the city's existing street system and with those arterial and collector streets proposed in the Byron Comprehensive Plan.
(b) All sidewalks and trails within the PUD shall be public.
(4) Architectural style. The architectural style of individual structures shall be compatible with other structures in the PUD, with the overall site design, and with surrounding land uses.
(5) Open space.
(a) Open space shall include all areas of the development with physical characteristics unsuitable for development in their natural state, and areas containing significant historic sites.
(b) Usable open space shall be required for each PUD.
(i) Usable open space shall be of a size, shape, and location suitable for its intended purpose.
(ii) PUDs with residential uses shall provide at least 10% of the development as usable open space.
(iii) PUDs with non-residential uses shall provide central area(s) or feature(s) such as a patio with seating, pedestrian plaza with benches, water feature(s), and/or other designated areas or focal points as approved through the PUD approval process that are openly accessible to the public. The size of this area shall be no smaller than 5% of the total PUD area. The central area(s) or feature(s) shall be designed with materials compatible with the building and remainder of the site and shall be maintained over the life of the development.
(iv) For PUDs with a mix of residential and non-residential uses, subsection (ii) shall apply to the residential portion of the PUD while subsection (iii) shall be used to calculate the appropriate amount of open space for the non-residential portion.
(c) Whenever possible, open space shall be linked to the open space areas of surrounding developments.
(d) Deed restrictions, covenants, permanent easements, public dedication and acceptance, or other equally effective and permanent means shall be provided to ensure long term preservation and maintenance of open space for its intended use as specified in the Final Development Plan.
(6) Homeowners association. Membership in a homeowner’s association or similar organization approved by the city shall be mandatory for all residents of the planned unit development. The homeowner’s association shall own and maintain all common open space and private interior roadways.
(Ord. 2023-02, passed 5-9-23)
§ 152.052 FLOOD PRONE AREA REQUIREMENTS.
(A) Intent. The intent of these requirements is to guide development in the flood prone area consistent with the flood threat in order to minimize adverse effects on the public health, safety, and general welfare.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRAINAGEWAY, NATURAL. Any naturally occurring watercourse, trench, ditch, swale or similar depression in which surface water or groundwater is collected and flows during any part of a year.
FLOOD LEVEL, MAXIMUM. The elevations at which flooding is recorded by the flood prone soils in a natural drainageway, for example, or the elevation of flood prone soil boundaries in undeveloped watersheds.
FLOOD PRONE SOILS. Based on the U.S.D.A. Soil Conservation Service Soil Survey of Olmsted County, Minnesota, alluvial soils or soils deposited by surface water runoff that indicate areas of land that are flooded temporarily. Any land area on which the following soils are located are subject to flooding and are flood prone soils:
Map Symbol | Soil Name |
19 | Chaseburg |
467 | Sawmill |
468 | Otter |
1846 | Kato
|
(C) Uses in the flood prone area. All uses located within the flood prone area shall be permitted only after a conditional use permit has been issued by the city.
(D) Development standards. The deposition of any fill or spoil from dredging or sand and gravel operations, the construction of any structure or the grading or paving of any area shall require certification by a registered professional engineer or hydrologist that the following conditions have been met. The City Engineer also shall review all permit applications to determine that the following conditions have been met:
(1) Fill deposited in the flood prone area shall be no more than the minimum amount necessary to conduct the use. Where any permanent building or structure is planned to be located fill shall be at a minimum of one foot above the maximum flood level;
(2) No net loss of capacity for surface storage of flood waters shall result from the activity. The cumulative effect of fill within the flood prone area shall cause no increase in upstream flood levels. Compensatory storage shall be provided to offset the storage lost through filling;
(3) The cumulative effect of fill shall not cause an increase in the velocity of flood waters;
(4) The effect of such activities in the flood prone area shall not result in an increase in erosion potential on the site or in the flood prone area downstream of the fill site;
(5) In no event shall an increase in the maximum flood level be permitted if it would affect any existing building;
(6) Fill shall consist of soil or rock materials only;
(7) All fill areas shall be stabilized with material which will ensure and protect against erosion, undercutting and undermining.
(E) Engineering studies. In developing proper hydrologic and hydraulic studies, the following conditions shall be addressed:
(1) Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the natural drainageway;
(2) The maximum flood level is calculated based on the location of alluvial soils and is therefore an historic record, not a reflection of the potential flooding once urban development occurs in the watershed or a portion thereof. Engineering studies shall address this difference, and, where the studies indicate that the maximum flood level, as defined, is at a lower elevation than the flooding elevation based on hydraulic studies of a developing watershed, then the flooding elevation of the hydraulic studies shall be used to determine all further development standards under this section of this chapter.
(F) Flood prone soils location. The location of flood prone soils shall be determined by the Zoning Administrator by scaling the location from the soils map covering the Byron area in the Soil Survey of Olmsted County, Minnesota. Otherwise, the applicant shall be given the opportunity to determine flood prone soils locations as part of the required engineering study carried out by a registered professional engineer or hydrologist.
(Ord. 2023-02, passed 5-9-23)