Wabasha City Zoning Code

PERFORMANCE STANDARDS

§ 162.085 GENERAL.

(A) (1) The purpose of the performance standards established in this chapter are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible.

(2) The performance standards are designed to prevent and eliminate those conditions that cause blight or are detrimental to the environment.

(3) Standards shall apply to future development in all districts unless otherwise noted.

(B) Before any building permit is approved, the Planning Administrator or designee shall determine if the proposal will conform to the performance standards. The applicant shall supply data necessary to demonstrate the conformance.

(C) No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions that could adversely affect the surrounding areas or adjoining premises; except that, any use permitted, by this chapter, may be constructed and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.086 FIRE HAZARDS.

Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devices as are normally used in the handling of any such material. The hazards shall be kept removed from adjacent activities to from a distance that is compatible with the potential danger involved.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.087 VIBRATION.

No vibration shall be permitted that is discernible without instruments on any adjoining lot or property. The standard shall not apply to vibrations created during the process of construction.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.088 AIR POLLUTION.

No pollution of air by fly-ash, dust, vapors, odors, smoke or other substances shall be permitted which are harmful to health, animals, vegetation or other property, or which can cause excessive soiling. For the purpose of this chapter, the regulations and standards adopted by the state’s Pollution Control Agency shall apply.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.089 REFUSE.

All waste material, debris, refuse or garbage shall be kept in an enclosed building or property contained in a closed container designed for such purposes. The owner of vacant land shall be responsible of keeping the land free of refuse.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.090 DWELLING UNITS AND STRUCTURES.

All structures intended for the purpose of serving as a dwelling (with the exception of those categorized as a manufactured home under M.S. § 327.31, as it may be amended from time to time) shall meet the following standards.

(A) All residential dwellings shall be a minimum of 16 feet wide (measured at its maximum width).

(B) All dwellings shall be placed on a permanent foundation which complies with all standards and specifications of the Uniform Building Code as adopted in the state. The foundation shall be solid extending the entire length and width of the dwelling.

(C) New porches and decks shall be required to meet all setbacks. Pre-existing porches and decks may be re-constructed as long as they are not enlarged or expanded. Stoops and patios are not required to meet structural setbacks. No porch, deck, stoop or patio shall be placed on any recorded easements.

(D) All residential structures shall be required to have sewer and water which meets State Health Code standards and §§ 150.01 and 151.02 of this code of ordinances. The minimum lot size for individual sewage treatment systems (septic systems) shall be determined by Minn. Rules Ch. 7090 (or as amended).

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.091 ACCESSORY STRUCTURES (PERMANENT).

All accessory structures including those not requiring a building permit (under the size of 120 square feet or as amended in the state’s Building Code) shall meet the following standards:

(A) Meet all zoning district setbacks for accessory structures; and

(B) Shall not be placed in any required front yard for the zoning district it is in.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.092 MINOR STRUCTURES, FENCES AND WALLS.

Any small (under 200 - 120 square feet), movable accessory construction such as birdhouses, tool houses, play equipment, arbors, as well as walls and fences shall meet the following standards or as amended by the state’s Building Code:

(A) Be contained wholly within the property to which it belongs and set back from property lines sufficiently to allow for accessibility and maintenance;

(B) No fence shall be allowed to be constructed or maintained which will obstruct road intersection sight lines or which will create a hazardous situation for the public;

(1) No more than four feet in height; or

(2) Meet the definition of an “open fence”.

(D) All fences over seven feet in height shall require a building permit (or as amended in the state’s Building Code); and

(E) All retaining walls over four feet in height shall require a building permit (or as amended in the state’s Building Code).

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.093 TEMPORARY STRUCTURES.

All temporary structures as shall meet the following standards.

(A) No temporary structure shall be placed within the required front yard (setback) of any zoning district.

(B) Temporary structures must meet all setback requirements for the zoning district in which it is located.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.094 PORTABLE STORAGE CONTAINERS.

All portable storage containers shall meet the following standards:

(A) Shall be allowed for no more than 30 days for the purpose of loading or unloading, truck sales, or similar short-term uses with no more than four 30-day periods within a one-year time frame;

(B) Location of the container shall be placed in the rear yard or on paved or graveled driveway if in the front or side yard of a property; and

(1) Where they are explicitly allowed uses; and

(2) For temporary parking during the loading or unloading of merchandise.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.095 VEHICLES AND EQUIPMENT.

See Ch. 71 of this code of ordinances.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.096 LIGHTING.

(A) Lighting level should be the lowest possible for the purpose intended.

(B) All lighting installations shall be designed and installed with illumination to be at a cut off of 90 degrees or less, except as in exceptions in division (F) below.

(D) Maximum lamp wattage for residential lighting shall be 100 watts incandescent, 26 watts compact fluorescent.

(E) Light trespass shall be controlled with the proper choice of luminaires and optics.

(F) The following are excepted from the above lighting standards:

(1) Lighting in swimming pools and other water features governed by Art. 680 of the National Electrical Code;

(2) Exit signs and other illumination required by Building Codes;

(3) Lighting for stairs and ramps, as required by the Building Code;

(4) Signs are regulated by Ch. 153 of this code of ordinances, but all signs are recommended to be fully shielded;

(5) Holiday and temporary lighting;

(6) Athletic field lighting (e.g., football, baseball, softball), with Planning Commission approval, when steps have been taken to minimize glare and light trespass and utilize sensible curfews; and

(7) Low-voltage landscape lighting, but such lighting be shielded in such a way as to eliminate glare and light trespass.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.097 EXCAVATING AND FILLING OPERATIONS.

When the following standards are met, excavation and filling operations are allowed in all areas of the city with an approved grading plan issuance of a zoning permit unless the property is covered by shoreland, wetland or bluff overlay zones or similar environmental standards or regulations as specified in any city, state or federal regulations that require additional permits or approvals.

(A) Grading plans shall provide information indicating the following:

(1) The surface shall be prepared to receive fill by removing vegetation, debris, topsoil and other unsuitable material and scarifying (creating irregularities in the surface of existing soil) to provide a bond between the existing soils and the fill material;

(2) All fill shall be compacted to 90% of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches in depth and shall be allowed to sit idle over a winter season. If the proposed fill will be supporting structural improvements (buildings, structures, pavements and the like), greater compaction may be necessary, and a geotechnical engineer’s recommendation may be required;

(3) No rock or similar irreducible material greater than four inches in any dimension shall be included in the fill;

(4) The slope created by the fill shall be no steeper than is safe for the intended use and shall not be steeper than 4H to 1V (25% slope) or shall be justified by soils reports or engineering data;

(5) Slopes steeper than 4H to 1V are permitted only if approved by the City Engineer;

(6) Where existing grade is at a slope steeper that 5H to 1V (20% slope) and the depth of the fill exceeds five feet, benching shall be provided. A key shall be provided which is at least ten feet wide and two feet deep;

(7) During excavation or filling operation the site shall be managed so that it shall not present a danger from caving in or sliding banks. The site may require fencing and erosion prevention measures which will be determined and required at the discretion of the city;

(8) The site shall be properly drained with any drainage properly managed during the fill process to best management practices. No cross property sheet drainage shall be permitted;

(9) Erosion of the ground in the area of discharge during filling shall be prevented by installation of non-erosive down drains or other devices. Grading shall not create drainage patterns or routes that will adversely affect down gradient properties;

(10) At the completion of a landfill or excavation/grading operation, the premises shall be graded, leveled and all exposed soils shall be fully restored with vegetation, mulch and/or a permanent non-erodible surface;

(11) Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility;

(12) The site shall be left so that storm water drainage runoff and storm water passage or flowage cannot become a source of, or an aggravation to, storm water drainage conditions in the area; and

(13) The final elevation shall be determined and specified on the zoning permit. Final elevation required by the city shall be based on:

(a) Existing elevation of adjacent streets and lots; and

(b) Elevation required for proposed structures to meet floodplain requirements (679 feet) or hook up to city sewer.

(B) The filling operations shall not consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, organic or tree waste, decayed material, filth, sewage or similar septic or biologically dangerous material deemed to be unsuitable by the city.

(C) The filling operations shall only be allowed to occur between the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday.

(D) For projects with a land disturbance area of one acre or more, the state’s Pollution Control Agency general permit authorization to discharge storm water associated with construction activity under the national pollutant discharge elimination permit is required (or as amended by MPCA). This permit requires the development of a storm water pollution prevention plan (SWPPP).

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.098 LANDSCAPING.

In all districts where setbacks are required and all developed uses shall provide a landscaped yard, which may include among other items grass, decorative stones or shrubs and trees, along all streets. In all districts, all structures and areas requiring landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.099 TRANSPORTATION INTERCONNECTIVITY.

All development shall provide for a connecting the segment of road, sidewalk and/or trail on the development property to the adjacent property line where such transportation routes have been identified within any plan or policy adopted by the city.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.100 MAJOR TRAFFIC GENERATORS AND TRAFFIC IMPACT STUDIES.

(A) Any applicant or proposer of a development project (construction projects of buildings, structures, streets or other infrastructure (existing definition from § 162.013 of this chapter), which meets the definition of major traffic generator shall provide a traffic impact study (TIS) that includes information necessary to allow the city to assess:

(1) The transportation implications of traffic associated with a proposed development;

(2) The existing and future capacity and condition of the affected street system; and

(3) The growth of the transportation system may occur in a manner that is comprehensive in nature and supportive of the public good.

(B) (1) A TIS prepared consistent with the provisions of this chapter will be required. All roads and intersections serving a proposed use must be determined to be capable of handling the future projected traffic generated by the use. No application for a development identified as requiring a TIS will be deemed complete unless it is accompanied by a TIS. All projects requiring a TIS will require a conditional use permit no matter the zoning district in which the project is located.

(2) A traffic impact study shall identify:

(a) What improvements, if any, are needed to:

1. Ensure safe ingress to and egress from a site;

2. Maintain adequate street capacity and appropriate level of service on public streets serving the development;

3. Ensure safe and reasonable traffic operating conditions on streets and at intersections along the proposed route; avoid creation of or mitigate existing hazardous traffic conditions;

4. Minimize the impact of non-residential traffic on residential uses along the route; and

5. Safeguard the public investment in the existing street system.

(b) The road system investments to the city, county and state road systems necessary to serve anticipated development.

(3) Traffic impact studies shall include the following information:

(a) An analysis of current and future traffic operations and intersection improvement needs at all site access points in the affected transportation routes. This operational evaluation shall include on-site circulation as it may affect access, on-site and off-site turn lanes and required vehicle storage, the potential need for signalization or other traffic control, and review of sight distance, vehicle turning movements and other intersection safety aspects. The proposed access plan should be consistent with the standards of the city’s transportation plan (contained in the adopted Comprehensive Plan or as amended) and with county or state requirements for access management;

(b) An analysis of the impact of site-generated traffic on the level of service of affected intersections and public streets along the proposed route. Affected road segments or intersections are where the additional traffic volume created by the proposed development is greater than 10% of the current traffic volume (for road segments) or the current entering volume (for intersections). Examples of possible effects include, but are not limited to, pedestrian and bicyclist safety hazards, traffic noise or turning movement’s conflicts with other driveways or intersecting roads;

(c) For developments expected to generate more than 60 heavy vehicle trips per day, an analysis of the intersections and road segments these trucks would use to enter and exit the city limits is required. Issues of concern include structural capacity, impacts of slow moving vehicles on roadway safety and the need for intersection operation improvements to accommodate truck traffic;

(d) An analysis of the impact of the proposed development on residential uses (where the abutting land use is predominately residential) along the proposed route to identify any potential adverse effects of the proposed development and mitigation measures to address any impacts. Examples of possible effects include, but are not limited to: non-residential traffic impacts on residential neighborhoods; pedestrian and bicyclist safety hazards; traffic noise; or turning movement conflicts with other driveways or intersecting roads;

(e) A detailed list of the transportation infrastructure improvements needed to mitigate the impact of the development and estimated costs of these improvements; and

(f) An explanation of how improvements that are identified to mitigate the traffic impact of the development meet commonly accepted engineering design standards and access management criteria.

(4) The TIS shall be led by a traffic or transportation engineer, or other qualified professional with experience in the preparation of the analysis. The city shall have the final approval of the selection of the professional or shall employ other professionals (such as the City Engineer) to review the TIS on the city’s behalf. The applicant shall be responsible for the costs of preparation of the TIS and of the City Engineer’s review.

(5) The standards for traffic service that shall be used to evaluate the findings of traffic impact studies are:

(a) Level of service.

1. The level of service standard for all highway corridor operations (including freeway mainline, merging areas and ramp junctions, and arterial and collector intersections or corridors) should meet the level of service standards listed in the table below. Level of service should be calculated using the Transportation Research Board’s Highway Capacity Manual. Where the existing level of service is below these standards, a TIS shall identify those improvements needed to maintain the existing level of service and what additional improvements would be needed to raise the level of service to the standards indicated; and

2. The Highway Capacity Manual estimates the quality of traffic flow in letter grades, referred to as levels of service. A and B represent uncongested conditions, C and D are approaching congestion and E and F are very congested.

Levels of Service for the City of Wabasha
Land Use	Street Type	Level of Service
Commercial	City Street	MidC
Commercial	County State Aid Highway	C/D Midpoint
Industrial	City Street	MidC
Industrial	County State Aid Highway	C/D Midpoint
Residential	City Street	B
Residential	County State Aid Highway	MidC

(b) Number of access points. The number of access points shall be the minimum needed to provide adequate access capacity for the site. The spacing of access points shall be consistent with the road authority’s access management requirements. If the road authority has not adopted access management requirements, then there shall be spacing of 300 feet between access points, or the maximum available distance if there is less than 300 feet between an access point and the nearest adjoining intersection or driveway on an adjacent parcel;

(c) Residential street impact. Without mitigative measures, non-residential development shall contribute no more than 20% of the traffic on any local street for which residentially zoned property makes up more than 50% of the street frontage;

(d) Vehicle storage. The capacity of storage bays and auxiliary lanes for turning traffic shall be adequate to ensure turning traffic will not interfere with through traffic flows on any public street;

(e) Internal circulation. On-site vehicle circulation and parking patterns shall be designed so as not to interfere with the flow of traffic on any public street and shall accommodate all anticipated types of site traffic; and

(f) Safety. Access points shall be located and designed to provide for adequate intersection and stopping sight distance and appropriate facilities to accommodate acceleration and deceleration of site traffic. The geometric design of access points shall meet the standards of the access management requirements of the road authority connecting to the proposed development site.

(6) The city shall require either the applicant or the owner or user of the property on which the project is proposed to post a security in such form and sum as determined by the City Engineer. The amount of the security shall be sufficient to cover the city’s extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel for the proposed project. The amount of the security shall also be sufficient to ensure compliance with all requirements of this chapter, and the particular permit, and to pay the expense the city may incur as a result of the permit.

(7) (a) The requirement for a transportation impact study may be waived by the city after consulting with road authority representatives with roads comprising any designated haul routes (the county’s Highway Engineer for affected county roads in the county, the City Engineer for any affected city roads, the District Engineer of MnDOT District 6 for state or federal highways, or the town board or its designee for township roads), if it is determined that:

1. A transportation impact study is not necessary to determine needed road improvements on roadway access points or portions of haul routes under their jurisdiction, and that for roadways and the intersections along haul routes under their jurisdiction, no unsafe or hazardous conditions will be created by the development as proposed;

2. The applicant has provided performance bonds or other guarantees providing adequate assurance that anticipated damage to roads can be mitigated and/or that unsafe conditions can be mitigated or avoided; and

3. The use is seasonal or short-term, less than three months in total, with peak daily trip generation that exceeds the major traffic generators thresholds, but whose annual average trip generation does not pose a risk to the road infrastructure or traffic safety of the facility and adjacent road network based on evaluation of the cumulative pavement impact expected and geometric design of the roadway.

(b) This waiver shall not preempt the authority of the state’s Department of Transportation to require a traffic study on any state or federal highway nor the authority of any affected jurisdiction to require a traffic study under an applicable ordinance. A waiver will not be granted to haul any product that is deemed hazardous or a potential threat to the health of the public.

(c) Applications for major traffic generator waiver shall be made to the Zoning Administrator or designee on forms provided by his or her office. Only one waiver will be granted per 12-month period per site. Completed applications shall be forwarded to the City Engineer for review and then to the Street Commission for consideration at an upcoming meeting. The application must include:

1. A detailed description and map of the proposed haul route;

2. Number of daily and total trips requested,;

3. Haul days and hours; and

4. Any other data that the City Engineer might request to make a determination on the waiver application.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)

§ 162.101 STORM WATER MANAGEMENT AND EROSION CONTROL.

(A) All projects shall be required to meet the state’s national pollutant discharge elimination system (NPDES) and the state disposal system (SDS) standards for sediment control.

(B) The rate of water run-off for post-development of any project shall be the same as pre- development rates for the same property.

(C) Applicants/land owners may be required to provide to the city storm water calculations and surveys of drainage ways to meet these requirements.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.102 WETLANDS.

(A) All projects shall be required to meet federal and state wetland protection rules, in particular Minn. Rules Ch. 8420 and 6115 (or the state’s Wetland Conservation Act or as amended).

(B) For this purpose, the following standards shall apply.

(1) The Wabasha Soil and Water Conservation District (SWCD) shall be the designated local government unit (LGU) administering the Wetland Conservation Act (WCA).

(2) Any proposed project/development which has a likelihood of impact on an existing wetland within the city may be required to conduct and provide to the city and/or SWCD a wetland delineation.

(3) Any proposed project/development which has the likelihood of creating a wetland (or feature which meets the definition of wetland under state standards) may be required to conduct a pre-construction survey of soils and provide to the city and/or SWCD a copy of that survey.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.103 BLUFFS.

(A) For all properties that contain or are contained within a bluff impact zone, all development, construction and alterations to topography and vegetation shall be conducted in a manner as to prevent bluff erosion and preserve existing scenic values, water and soil qualities.

(B) For this purpose, the following standards shall apply.

(1) New structures and accessory facilities (with the exception of stairways, lifts and landings) shall not be placed within bluff impact zones.

(2) Pre-existing structures located within a bluff impact zone may be reconstructed, if damaged by fire, weather or other force of nature or act of God; provided, the damage is less than 50% of the fair market value of the damaged structure.

(3) Setback from the top and toe of bluff to any structure in any district shall be no less than 20 feet.

(4) No person shall begin a new mining or quarrying activity within 300 feet of the toe or top of a bluff.

(5) No towers, with the exception of emergency towers, shall be located within one-quarter mile of the bluff impact zone.

(6) Stairways and lifts may be allowed to access up and down bluffs and steep slopes to shore areas or plains. All stairways and lifts on bluffs and in shoreland areas shall be visually inconspicuous and meet the following design requirements.

(a) Stairways and lifts shall not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open space recreational properties and planned unit developments.

(b) Landings for stairways and lifts on residential lots shall not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open space recreational properties and planned unit developments.

(d) Stairways, lifts and landings shall be built in a manner that ensures control of soil erosion.

(e) Stairways, lifts and landings shall be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water and lower areas, assuming summer leaf-on conditions, whenever practical.

(f) Facilities such as ramps, lifts or mobility paths for physically handicapped persons are also allowed for achieving access to shore and lower areas; provided that, the dimensional and performance standards of divisions (B)(1) through (B)(5) above are complied with in addition to the requirements of Minn. Regs. Ch. 1340.

(7) No grading, excavating or filling is allowed within the bluff impact zones, except for approved erosion control measures. Erosion control projects within the bluff impact zone shall comply with divisions (B)(7)(a) and (B)(7)(b) below.

(a) Altered areas shall be stabilized to acceptable erosion control standards consistent with best management practices as described in the state’s Storm Water Manual.

(b) Plans to place fill or excavated materials in bluff impact zones shall be prepared by a licensed professional engineer for continued slope stability, and approved by the City Engineer. All costs to be borne by the applicant.

(8) The top or toe of bluffs shall be determined by the Planning Administrator or designee and the applicant may be required to have a registered land surveyor determine the location.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.104 HOME OCCUPATIONS.

Where allowed in the zoning district, home occupations shall meet the following minimum standards.

(A) The business shall be located within the principal dwelling structure or an accessory structure of the property of the business owner.

(B) The maximum amount of space devoted to the business shall not exceed 25% of the gross floor area of the residence.

(D) The occupation is to be conducted solely by members of the household residing on the premises; except that, one person may be employed.

(E) No outside storage or materials, equipment or display of merchandise shall be allowed.

(F) Conducting the home occupation shall not require substantial interior or exterior alterations of the dwelling.

(G) Only signs allowed within the property’s zoning district shall be allowed.

(H) The home occupation shall comply with all county, state and federal regulations.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.105 HAZARDOUS MATERIALS.

(A) On any land or within any structure in the city where hazardous materials are used, stored or generated, the material shall be kept in a manner which meets complies with all county, state and federal regulations.

(B) Applicants and land/business owners may be required to provide to the city information on use and storage of the materials prior to the issuance of any required or requested permits.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.106 SOLAR STRUCTURES AND SOLAR GARDENS/FARMS.

(A) Solar structures.

(1) Buildings or roof-mounted structures shall not exceed above the maximum height requirement for the principal building and shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

(2) Solar structures must be setback from property lines a minimum of 100 feet or meet the accessory structure setback and locations for the district, whichever is more restrictive, if not attached to a roof when oriented at minimum design tilt.

(3) Solar structures, when not attached to a roof or building, must use sun-tracking or a similar sun-tracking feature. Solar structures must be placed at a same elevation to each other in the same row. A topographic exhibit showing the proposed solar array heights must be submitted for review. Additional section exhibits may be required to determine appropriate solar array heights adjacent to existing structures or properties.

(B) Solar garden/farm. The minimum lot size for a solar garden/farm is five acres with a maximum lot size of 30 acres.

(C) Screening. Solar garden/farm shall be screened from view of adjacent residential zoning districts and public roads with native species of evergreen trees planted by the property owner on the subject property in a double staggered row along the property line. The property owner must also erect a security fence along all property lines. Both the fence and row of evergreen trees must be well-maintained by the property owner. The Planning Commission may request a maintenance plan for the fence and row(s) of evergreen trees during development review. Screening for solar gardens/farms as outlined in this section must be accomplished to the greatest extent possible without affecting their function.

(D) Abandonment. Any solar garden/farm which is inoperable for 12 successive months shall be deemed abandoned and a public nuisance. The owner shall remove the abandoned system at his or her expense. A decommissioning plan and a financial guarantee in the form of a bond, letter of credit, or cash escrow will be required outlining the removal of all structures and electrical components as part of the interim use permit.

(E) Power, communication lines. All on-site site power and communication lines running between solar panels and buildings shall be buried underground on the premises.

(F) Jurisdiction. Solar farms must meet any limitations or requirements set by state statute or the state's Public Utilities Commission. Solar farms that generate a capacity of more than 50 megawatts shall fall under the jurisdiction of the state’s Public Utilities Commission.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed --; Ord. passed 4-2-2024) Penalty, see § 162.999

§ 162.107 LOADING AND UNLOADING REQUIREMENTS.

(A) In general commercial, highway commercial or industrial zoning districts, or in any commercial or industrial district, sufficient space for the loading and unloading of vehicles shall be provided on the lot in connection with any commercial or industrial use so that the public street shall at all times be free and unobstructed to the passage of vehicular and pedestrian traffic.

Gross Floor Space	Loading and Unloading Space Required in Terms of Square Feet of Gross Floor Area
0 to 1,500 sq. ft.	None
1,501 to 10,000 sq. ft.	1 space
10,001 and up sq. ft.	1 space, plus 1 space for each 20,000 sq. ft. in excess of 10,000 sq. ft.

(B) All spaces shall be of at least ten by 50 feet, or 500 square feet in area, with a clearance of at least 14 feet in height.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018) Penalty, see § 162.999

§ 162.108 OFF-STREET PARKING REQUIREMENTS.

(A) Adequate ingress to the parking lot shall be provided and all parking spaces shall be provided adequate access by means of maneuvering lanes. Provision of adequate ingress and egress shall receive review and the approval of the City Engineer or other officials as may be desired by the City Council.

(B) Parking spaces shall be a minimum of nine by 17 feet in size for spaces arranged in a perpendicular lot layout or approved by the City Engineer for other layouts.

(C) The following table of parking requirements for various uses shall be applied to all new and expanded developments with the exception of those located in the TDC Zone. (See § 162.067 of this chapter for TDC parking requirements). Allocation of the parking areas should be indicated on the plans required for obtaining required permits. Off-street parking shall be either on the same lot or within 300 feet of the building it is intended to serve measured from the nearest point of the building to the nearest point of the off-street parking lot.

AGRICULTURAL
Crop farming	1 space per employee
Grain storage facility	1 space per employee
BAR/BREWERY
Bars/cocktail lounges, brewpubs, micro-distillery with tasting room and small brewer with taproom	1 space per 3 patrons calculated at maximum capacity
INDUSTRIAL
All industrial uses	1 space per employee, plus 1 space for each vehicle stored on site
INSTITUTIONAL
Cemetery	1 space per each employee
Communication towers and related accessory structures	1 space per employee
Cultural institutions and community center	1 space for every 3 patrons at maximum capacity of facility
Essential utility and public service	1 space per employee, plus 1 space per each vehicle stored on site
Institutional
Church	1 space per employee, plus 1 space per 6 seats at maximum capacity
Hospital	1 space per employee, plus 1 space for each 2 hospital beds
Libraries	1 space per employee, plus 1 space per 6 seats at maximum capacity
Nursing homes	1 space per employee, plus 1 space per 4 beds
Office	1 space per employee, plus 1 space per each 2 private offices
Post offices	1 space per employees, plus 1 space per 300 gross square foot of public space
Schools
Commercial school (music, dance and the like) elementary school, public or private school (other than a K-12 school)	1 space per every 2 employees, plus 1 space per 5 students.
Secondary school	1 space per each employee, plus 1 space per every 3 students (at maximum capacity) in 11th and 12th grades
School auditorium, gym, stadium and the like	1 space per 8 seats, which may be calculated out of the parking required for the school if parking is within 300 feet from the facility
State licensed residential facilities
Family day care	1 space per employee, plus 1 per 5 attendees, which may include short-term drop off parking
Group family day care
Supervised living facility
MISCELLANEOUS
Adult entertainment establishments	1 space per employee, plus 1 space for every 3 patrons at maximum capacity of facility
Commercial kennels	1 space per employee
Nursery, greenhouse, landscape business	1 space per 2 employees, plus 1 space for each vehicle shored on site, plus 1 space per each 1,500 square feet of area devoted to customer sales and service
Mixed use	Total parking required shall be the sum of the various uses
Parking garage	1 space per employee
OFFICE
Medical, denial and animal clinic	1 space per employee, plus 1 space for every 2 exam rooms
Professional use	1 space per employee, plus 1 space per each 2 offices
RECREATIONAL
Marinas	1 space for every 3 boat slips, plus overflow parking at 1 per 2 boat slips, plus parking needed for all other mixed uses
Recreational entertainment facility; major and minor	1 space per employee, plus 1 space per 3 patrons at maximum capacity, plus parking needed for all other mixed uses
RESIDENTIAL
Accessory/caretaker apartments and guest cottage	1 space per dwelling unit, plus spaces required for the principal use
Bed and breakfast	1 space per each room or guest unit, plus spaces required for the principal use
Campgrounds and travel trailer parks	1 space per employee, plus 1 space per campsite
Hotels and motels	1 space per room, plus 1 space per each employee, plus parking required for mixed uses
Mobile home park	2 spaces per lot
Multi-family dwellings	1.5 spaces per number of dwelling units
Single-family detached residential	2 spaces per dwelling unit
RETAIL
Auto sales	1 space per employee
Car wash	1 space per employee, plus see drive-thru requirements
Commercial retail	1 space for each 200 square feet of retail space, plus 1 space for each vehicle stored on site
Contractor or construction yards	1 space per 1 employee, plus 1 space for each vehicle stored on site
Drive-thru	3 inbound and 1 outbound spaces per service lane
Gas station	1 space per employees, plus see drive thru requirements
Open sales, service, rental lot	1 space for every 1,500 square feet of sales or service area
Restaurants	1 space per employee, plus 1 space per 4 patrons at maximum capacity
SERVICE
Funeral parlor	1 space per employee, plus 1 space per 6 seats at maximum capacity, plus 1 space for each vehicle stored on site
Minor repair and maintenance services	1 space for each employee, plus spaces equaling 3 times the capacity of the service bays, plus 1 space for each vehicle stored on site
Self-storage facility	1 space per employee

(D) The following standards shall apply in the calculation of spaces required for off-street parking (in all districts).

(1) When calculation of the number of required off-street parking spaces results in a fraction, the fraction shall be rounded up to the next highest number.

(2) When the number of off-street parking spaces is based on the maximum number of persons or patrons, this shall be defined by Building or Fire Code requirements.

(3) When the number of off-street parking spaces is based on the number of employees, this shall be defined by the number of employees at the facility during the largest shift regardless of full-time status.

(4) In cases where future potential uses of a building or development site will generate additional parking demand, the city may require a proof of parking plan for the difference between minimum parking requirements and the anticipated future demand.

(5) The Planning Commission may consider reducing the number of spaces required for passenger vehicles owned by the business if evidence is provided that adequate storage is being provided off-site.

(E) The parking requirement for uses not listed in this section may be established by the city based on the characteristics of the use and available information on parking demand for such use.

(F) The Planning Commission shall consider varying the amount, location and design requirements for parking in PUDs if a finding is made that changing standards provides adequate parking for the proposed development and better meets the goals of § 162.071 of this chapter.

(G) Parking lots with more than five parking stalls shall be graded, drained, and have a dust free surface.

(H) There shall be no off street parking space within five feet of any street right-of-way.

(I) Required off-street parking space in any district shall not be utilized for the open storage of goods or for the storage of vehicles which are inoperable or for sale or rent.

(J) When a required off-street parking space for five cars or more is located adjacent to a residentially zoned lot, a six foot screened solid fence or ten foot wide landscape buffer approved by the Zoning Administrator shall be erected alongside the residential district property line.

(Prior Code, § 305.07) (Ord. passed 12-18-2007; Ord. passed 7-2-2018; Ord. passed 4-2-2024) Penalty, see § 162.999

§ 162.109 CANNABIS REGULATIONS.

(A) Authority and jurisdiction. The City of Wabasha has delegated all cannabis and lower- potency hemp edible use registration, regulation, and enforcement authority to Wabasha County pursuant to:

(1) M.S. § 342.13(c), as it may be amended from time to time, regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses;

(2) M.S. § 342.22, as it may be amended from time to time, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses;

(3) M.S. § 152.0263, subd. 5, as it may be amended from time to time, regarding the use of cannabis in public places; and

(4) M.S. § 462.357, as it may be amended from time to time, regarding the authority of a local authority to adopt zoning ordinances.

(B) This section shall be applicable to the legal boundaries within the City of Wabasha.

(Ord. passed - -)

§ 162.110 OUTDOOR STORAGE.

The following standards shall apply to all outdoor storage uses.

(A) (1) In non-residential districts, all outdoor storage, all outdoor sales and/or all outdoor service uses which are allowed by other provisions of this section, except commercial retail, shall be screened from all public views and from adjacent residential uses and residential zoning districts unless approved in writing by the city.

(2) Sales uses such as automobile sales lots, located along arterial or collector roadways selling automobiles, boats and/or recreational vehicles with no outdoor storage or outdoor service, screening will only be required adjacent to residential districts, residential uses or any incompatible uses as determined by the city.

(B) All outdoor storage, sales or service uses, excluding residential and commercial retail uses, will require an interim use permit. In the event an outdoor storage use is determined to be a legal nonconforming use, such a use will not be required to obtain a conditional or interim use permit.

(C) In residential districts, materials and equipment must be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following in good order: laundry; firewood; agricultural equipment and materials; construction and landscaping materials and equipment, if currently being used on the property; and off-street parking of vehicles, if currently being used on the property.

(D) Required screening or buffering may be achieved with fences, walls, earth berms, established hedges or landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. The required screen shall be designed with materials which provide an effective visual barrier during all seasons.

(E) All required screening or buffering must be in place before the use begins unless another specified time frame is determined by the Planning Commission.

(F) All required screening or buffering shall be located on the lot occupied by the use or building to be screened. No screening or buffering shall be located on any public right-of-way or within sight visibility triangles as defined in § 162.014.

(G) Screening or buffering required by this section shall be of a height needed to accomplish the goals of this section and will be defined as a condition during the use permit process. All fences and walls constructed must meet the standards found in § 162.092.

(H) In all districts, the city may require an interim or conditional use permit for any exterior storage if it is demonstrated that such storage is a hazard to the public health and safety or has a depreciating effect upon nearby property values, or impairs scenic views or constitutes a nuisance.

(Ord. passed 8-5-2025)