Wabasha City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 162.025 GENERALLY.

(A) The City Council hereby designates that it is the duty of the Planning Administrator or designee to enforce the provisions of this chapter.

(B) The specific duties of staff in zoning administration shall be detailed in position descriptions and overseen by the City Clerk, but shall generally include:

(1) Providing zoning information and city applications to the public upon request;

(2) Receiving and reviewing the applications to determine if they comply with the provisions of city code and/or state statute;

(3) Issuing or denying applications when authorized by code or referring the application to the appropriate public body for review;

(4) Notifying affected property owners of the required hearings and publishing notice of the hearings as required under city code, city charter and/or state statute;

(5) Conducting inspections and research and providing findings to the appropriate public body;

(6) Investigating violations and notifying property owners of violation and code requirements or bringing violation matters to the appropriate public body;

(7) Overseeing the keeping of the zoning map and text up-to-date and the provision of this information to the public in the most effective and efficient means possible; and

(8) Identify and track non-conformities, as defined under §§ 162.120 through 162.126 of this chapter within the city.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.026 PLANNING COMMISSION.

(A) Establishment. A Planning Commission for the city is hereby continued as previously established by the City Council. The Planning Commission, which is a planning agency as allowed and defined by M.S. § 462.354, as it may be amended from time to time, shall be advisory directly to the City Council, except for other powers and duties that are imposed on it by statute, by charter or by ordinance consistent with the municipal charter.

(B) Composition. The Planning Commission shall consist of seven members who shall be appointed by the City Council and may be removed by a two-thirds vote of the City Council. Terms for Planning Commission members shall be three years. All members shall hold their offices until their successors are appointed and qualified. Vacancies during the term shall be filled by the City Council for the unexpired portion of the term. All members shall serve without compensation.

(C) Organization and meetings. The Planning Commission shall elect a Chairperson from among its appointed members for the term of one year; and the Planning Commission may create and fill other offices as it may determine necessary. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which shall be a public record. Expenditures of the Planning Commission shall be within amounts appropriated for such purposes by the City Council.

(D) Adoption of program of work. The Planning Commission shall prepare and adopt a program of work which may be revised from time to time. This program will outline activities proposed to be undertaken in the exercise of the Planning Commissions powers and the performance of its duties consistent with the goals and strategies adopted in the Comprehensive Plan.

(E) Preparation of Comprehensive Plan. It shall be the duty of the Planning Commission to prepare and recommend to the City Council for adoption a Comprehensive Plan for the physical development of the city as allowed and regulated under M.S. Ch. 462, as it may be amended from time to time. The Planning Commission shall periodically review the plan and recommend amendments to the City Council as allowed under state statute.

(F) Procedure for adoption or amendment of the Comprehensive Plan. Before final recommendation for Comprehensive Plan adoption or amendment to the City Council, the Planning Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given publication in a newspaper of general circulation at least ten days before the day of the hearing. The adoption of the Comprehensive Plan or any section or any amendment thereof shall be by resolution of the City Council, approved by a two-thirds vote of all of its members.

(G) Means of executing the Comprehensive Plan. Upon adoption of the Comprehensive City Plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council reasonable and practicable means for putting into effect the plan or section thereof. The means shall consist of a zoning ordinance which includes a zoning map, a subdivision ordinance which provides for the control of plats and changes of lot lines, and may include a plan for future streets, coordination of the normal public improvements of the city, a long-term program of capital expenditures and such other matters as will accomplish the purposes of the Comprehensive Plan.

(H) Review of recommended public works. Each department, board or commission of the city, whose functions includes preparing and recommending plans for development projects shall submit the plans to the Planning Commission for review prior to the submission of these plans to the City Council. These shall include plans, which have interdepartmental implications or pertain to implementation of the Comprehensive Plan, but not those that relate to the regular maintenance or repair of city infrastructure.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed 4-1-2025)

§ 162.027 BOARD OF ADJUSTMENT.

(A) Establishment. The Planning Commission, from its members, shall elect five non-Council individuals on an annual basis at the beginning of each calendar year to sit on the Board of Adjustment which will be a committee of the Planning Commission as allowed in M.S. § 462.354, as it may be amended from time to time. All eligible members shall continue to serve until a new board is appointed.

(B) Powers and duties. The Board of Adjustment shall have the following powers and duties:

(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Planning Administrator or designee;

(2) To hear and decide requests for variances from this chapter of city code under the process specified in § 162.030 of this chapter; and

(3) To hear and decide appeals and variances under other sections of city code, as specified in those sections.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.028 PAYMENT OF REVIEW FEES.

For the purpose of reviewing any applications when it is identified by city staff, Planning Commission or City Council, the need for outside technical opinion or review (including review by City Engineer, City Attorney, surveyors or similar technical advisors) the cost of the review shall be the responsibility of the applicant. Also, any cost generated in order to determine need or requirements for application shall be borne by the potential applicant. As a condition of approval or when deemed appropriate by the City Attorney at the time of application, the applicant may be required to establish an escrow account for payment of the services.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.029 PERMITS.

(A) Occupancy permit (certificate of occupancy). For uses and structures that require any permit, no vacant land shall be occupied or used and no buildings hereafter erected, altered or moved until a certificate of occupancy has been issued by the city from their building official. The certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter of city code and all applicable Building Code provisions. The certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of this chapter.

(B) Conditional/interim use permits.

(1) Permit. The Planning Commission may issue a conditional use permit for conditional uses or an interim use permit for interim uses after review and public hearing; provided, the uses or structures are in accordance with the purpose and intent of all city code and the Comprehensive Plan, and are found not to be hazardous, harmful or otherwise adverse to the environment or the value of the neighborhood or community.

(2) Application. Applications for conditional/interim use permits shall be made to the Planning Administrator or designee as prescribed on forms provided by that office. Completed applications shall be forwarded to the Planning Commission for consideration as prescribed by state statute. An application may be rejected by the Planning Administrator or designee if required information is not provided and a written notice explaining the reason for rejection is given to the applicant within 15 days from submission of the incomplete application. The applications shall include where applicable:

(a) Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor or other key participants and all opposite and abutting property owners of record;

(b) Description of the subject site by the property address and legal description (lot, block and recorded subdivision or by metes and bounds);

(c) A written and/or graphic description of the use being requested including an explanation of the proposals compliance with this chapter and requirement of the specific zoning district where the proposal is located. This may include a site plan of the proposal and/or supporting information including, but not limited to, proposed: hours of operation; number of employees; locations of structures (existing and proposed); parking; signage; lighting; and landscaping. The Planning Administrator or designee and/or Planning Commission may require that a site plan prepared by a state licensed land surveyor, professional engineer, architect or landscape architect showing existing and proposed contours and elevations, property boundaries, amount of land (acreage), locations of human-made or natural features such as structures, waterbodies or wetlands, roads, easement locations and/or landscaping depending on the specific use requested and/or the nature of the proposed location; and

(d) Additional information pertaining to the proposed project as may be required by the Planning Administrator or designee and/or Planning Commission.

(3) Review and approval.

(a) The Planning Commission shall review the application and consider the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, road access, traffic generation and circulation, drainage, available and adequate city services and the operation of the proposed use.

(b) The Planning Commission shall hold a public hearing on the proposed conditional or interim use. Notice of time and place of such hearing shall be published not less than ten or more than 30 days preceding the hearing and at least once in the legal newspaper of the city. A similar notice shall be mailed at least ten days before the day of the hearing to each property owner within 350 feet of the property to which the application relates. The city shall also notify highway agencies where road connections are proposed and all other applicable federal, state or local agencies. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(4) Criteria.

(a) General standards. No conditional or interim use shall be granted by the Planning Commission unless:

1. The establishment, maintenance or operation of the use will not be detrimental to or endanger the public health, safety, comfort or general welfare of the city;

2. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

3. The establishment of the use will not impede the normal and orderly development of the surrounding property for uses permitted in the district;

4. There is adequate public or private/community septic and wells for allowed private utilities, access road and sidewalks for the proposed use, drainage and erosion control, and/or necessary facilities have been or are being provided;

5. Adequate ingress and egress is so designed as to minimize traffic congestion in the public streets; including provisions for pedestrian, bicycle and boat traffic where appropriate;

6. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located;

7. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting which prevents light pollution, screening security provisions, refuse management, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, may be required by the Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter or other sections of city code;

8. Adequate parking facilities and loading areas or the use;

9. Preservation of natural resources including, but not limited to, filling and grading limitations;

10. Use does not obstruct scenic views from public rights-of-way or existing residential uses;

11. Adequate size and configuration of property for the proposed use or activity;

12. Adequacy of other standards will be determined by the Planning Commission based upon the proposed type and intensity of use and specific site conditions;

13. Hours of business operation;

14. No application for a conditional or interim use that has been denied wholly or in part shall be resubmitted for a period of one year from the date of the order or denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Administrator or designee;

15. In any case where a conditional or interim use has not been established within one year after the date of granting thereof, then, without further action by the Planning Commission, the conditional use or authorization shall be null and void;

16. A date or event which will terminate an interim use permit will be identified on the permit and may include termination by a change to the zoning regulations;

17. An interim use will not be granted if there is a finding by the Commission that its issuance will impose additional costs on the public if it is necessary for the public to take the property in the future;

18. Termination schedule of IUPs will be determined at the time of permit issuance and may be based on the following or similar circumstances: anticipated or resulting changes to the surrounding environment (e.g., changes in zoning, land use, environmental conditions or development projects); sale or transfer of property; violation of laws or codes (health codes and the like); termination or lapse of other required permits; change of management or ownership; and

19. Conditions as required in the zoning district of the proposed project property including requirements of all zoning overlay districts as specified in §§ 162.060 through 162.073 of this chapter (or as amended) shall also apply.

(b) Specific zoning district standards. Additional conditions can be found in each zoning district as follows.

1. RRTG - Rural Residential Growth/Transitional.

a. Use of “ghost platting” indicating future development potential on public sewer and water; and

b. Clustering of residential lots to allow for future development with an orderly extension of public sewer and water.

2. R-1 - Low Density Residential.

a. Adequate waste management plan and screening or enclosure for trash or storage areas;

b. Conditions limiting or prohibiting traffic, parking, noise, odor, hours of operation, sale of alcohol or other potential nuisances; and

c. Maximum sizes of structures, site or operations to maintain residential neighborhood environment.

3. R-2 Medium Density Residential.

a. Adequate management and staffing;

b. Maximum size of structures, site or operation to maintain the traditional neighborhood environment;

c. Adequate waste management plan and screening or enclosure;

d. Vehicle and pedestrian circulation within and to adjacent uses; and

e. Conditions limiting or prohibiting traffic, parking, noise, odor, hours of operation, sale of alcohol or other potential nuisances.

4. TDC - Traditional Downtown Commercial.

a. Exterior building treatments, including construction materials comparable to those used in buildings and designed in a manner conforming to the architectural design and general appearance of the district;

b. Refuse and service areas, including location and amount of receptacles and screening with fencing or vegetation;

c. Signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district;

d. The limitation of hours of operation, of noise allowed, requirements for waste management, security, fencing or screening, and any other provisions to harmonize outdoor operations with neighboring residential or business uses;

e. Outside services, sales or dining areas as accessory uses is limited to 30% of the interior floor area of the principal use;

f. Use of landscaping, fencing or walls for screening, and to create a continuation of street setback conforming to the other structures of the district for public or private parking lots; and

g. Conditions for building heights exceeding the base height maximum of 35 feet must be shown to fit within the nature of the district. Floor area ratio, historic evidence of height in the district and comparison to nearby existing landmarks in the district will be considered and must be addressed in the findings of facts for approval.

5. GC - General Commercial.

a. Refuse and service areas, including screening with fencing or vegetation;

b. Signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district;

c. The limitation of hours of operation of noise allowed, fencing or screening, and any other provisions to harmonize outdoor operations with neighboring residential uses;

d. Outside services sales, or dining areas as accessory uses is limited to 30% of the floor area of the principal use; and

e. Conditions related to the management and storage of hazardous materials.

6. HC - Highway Commercial.

a. Screening of outdoor storage, refuse service areas, including screening with fencing or vegetation;

b. Compatibility of mixed uses;

c. Signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district; and

d. The control of nuisances to neighboring businesses and residences such as odor, dirt, dust and noise.

7. I - Industrial.

a. Demonstrated ability of public infrastructure or services to adequately serve the project or financing provided through escrow or bond to upgrade the services (to maintain pre-existing level of service to the overall community);

b. Ingress and egress to the property, including provisions for automotive, truck delivery and loading traffic. Also pedestrian and bicycle traffic if deemed appropriate by the Planning Commission;

c. Screening of outdoor storage, refuse service areas, loading and processing areas including screening with fencing and/or vegetation; signage and lighting, with reference to glare, traffic safety and compatibility with other properties in the district and adjacent properties;

d. The control of nuisances to neighboring businesses or properties such as odor, dirt, dust and noise;

e. Increased setbacks, screening or barriers, in particular for uses which may be injurious to the health or welfare of individuals;

f. Limitations on the height of structures, appurtenances and/or storage of bulk or containerized materials;

g. Limitations of the amount and locations of impervious surfaces; and

h. Requirements for additional storm water planning or other types of engineering models.

(c) Amendments to a conditional or interim use permit. Changes proposed to a conditional or interim use will be considered by the Planning Commission upon application, review and approval following the same process as a new application. New conditions or time limits may be imposed on the permit based on criteria and conditions in place at the time of amendment application.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.030 VARIANCES.

(A) Purpose. To hear requests for variances from the literal provisions of the chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of the ordinance maintaining public safety and welfare.

(B) Procedure. An application for a variance shall be filed in writing with the Planning Administrator or designee on forms provided and shall pay a filing fee, as established from time to time by City Council. As part of the application, the applicant must state his or her practical difficulty and provide a building or site plan showing the details of the variance needed. An application may be rejected by the Planning Administrator or designee if required information is not provided and a written notice explaining the reason for rejection is given to the applicant within 15 days from submission of the incomplete application.

(C) Notice. Notice of the time and place of a public hearing shall be mailed to all parties owning real property within 350 feet of the subject property however, failure of any property owner to receive the notification shall not invalidate the proceedings. The mailing shall be made at least ten days prior to the date of hearing. The Planning Administrator or designee shall set the date for a public hearing and shall have the hearing notice published at least once in the legal newspaper, not less than ten days prior to the hearing. The Board shall, thereafter, reach its decision within 60 days from the filing of the application unless a written notice stating the reasons for an extension is sent to the applicant with an anticipated length of extension specifically stated, which may not exceed an additional 60 days (120 total) unless approved by the applicant in writing.

(D) Standards and criteria for variance. The Board of Adjustment will consider varying the regulations of this chapter of city code if a “practical difficulty” is shown to exist for the property in question. The Board of Adjustment may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this chapter of city code. The variance will not permit standards lower than those required by any state law. The Board will not issue a variance unless it shall make findings based upon the evidence presented to it in each specific case that all of the following are met.

(1) The term PRACTICAL DIFFICULTY means that:

(a) The property owner purposed to use the property in a reasonable manner that is not otherwise permitted;

(b) The plight of the property owner is due to circumstances unique to the property, not created by the property owner; and

(2) In its consideration of a variance request, the Board of Adjustment shall consider the following questions:

(a) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a practical difficulty to the owner as distinguished from mere inconvenience;

(b) The conditions upon which a petition for a variance is based are unique to the property or extraordinary circumstances apply for which the variance is sought, were not created by the land owner, and are not applicable, generally, to other property within the same zoning classification;

(c) Economic considerations alone shall not constitute a practical difficulty if reasonable use for the property exists under the terms of the ordinance;

(d) The granting of the variance will not alter the essential character of the locality and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

(e) The variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;

(f) Whether the variance request is the minimum variance which would alleviate the practical difficulties; and

(g) No order of the Board of Adjustment granting a variance shall be valid for a period longer than six months from the date of the order unless the building permit is obtained within the period and the erection or alteration of a building is started or within the period.

(E) Authorized variances. Variances may be granted only to allow a reduction in the performance standards within each zoning district or to vary regulations other than use in § 162.071 of this chapter. The Board of Adjustment may not permit a variance for any use that is not allowed in the zoning district of an effected property.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.031 APPEALS.

(A) Purpose. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Planning Administrator or designee or any administrative officer in the enforcement of this chapter.

(B) Procedure.

(1) Appeals of a decision by the Planning Administrator or designee.

(a) Any person aggrieved by any decision with claims of error from the city in the enforcement of this chapter of city code may appeal to the Board of Adjustment. This appeal will be made with an application of appeal to the Planning Administrator or designee on forms provided. The application must specify the grounds of appeal within ten days after the decision or action complained of and will be filed with the Board of Adjustment.

(b) The Board of Adjustment may determine and vary the procedural requirements or interpretation of this or other sections of city code (where specified) to be in harmony with their general purpose and intent of city code and the Comprehensive Plan. A determination shall be made by the Board of Adjustment within 60 days from the submission of a complete application unless notice is provided in writing to the applicant that additional time is required (up to an additional 60 days).

(d) The Board of Adjustment may take no more than a total of 120 days to make a determination unless the applicant provides a request for extension in writing to the Planning Administrator or designee.

(2) City Council notice. Appeals of a decision by the Board of Adjustment may be taken by any person to City Council, by filing a written notice of appeal with the City Clerk specifying the grounds for appeal within ten days of the decision of the Board.

(3) Appeals of a decision by the City Council. The decision of the City Council may be appealed to the District Court of this jurisdiction within 20 days from the date the decision is made by the City Council as provided in M.S. § 462.361, as it may be amended from time to time.

(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.032 AMENDMENTS.

(A) Purpose. Amendments to this chapter (text or map) may be initiated by the City Council, the Planning Commission or by a property owner for the purpose of carrying out the policies and goals of the Comprehensive Plan and promoting the public health, safety and general welfare of the community.

(B) Procedure.

(1) Application by a property owner must be made to the Planning Administrator or designee on forms provided. An amendment initiated by the City Council or a property owner shall be referred to the Planning Commission for review and recommendation to the City Council who will make decisions as to proposed ordinance amendments. An application for a PUD preliminary plan shall also constitute an application to rezone a property to a PUD Overlay and public notices and procedures shall be the same as with other requests for rezoning.

(2) The Planning Commission shall hold a public hearing to consider the proposed amendment. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the city at least ten days prior to the day of the hearing. A similar notice shall be mailed at least ten days before the day of the hearing to each property owner within 350 feet of the property to which the amendment relates. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. Failure to give mailed notice to individual property owners or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made.

(3) The Planning Commission shall provide a recommendation to the City Council as to the proposed amendment. The City Council shall not approve an amendment until it has received the recommendation of the Planning Commission on the proposed amendment or 60 days have elapsed from the date of reference of the amendment to the Planning Commission without a report from them to the City Council.

(4) The City Council may amend this chapter by a majority vote of all its members. The adoption or amendment of any portion of this chapter, which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, requires a two-thirds majority vote of all members of the governing body.