Waseca City Zoning Code
AIRPORT ZONING
§ 154.073 PURPOSE AND AUTHORITY.
The Waseca City-Waseca County Joint Airport Zoning Board, created and established by joint action of the Common Council of the City and the Board of County Commissioners of the County pursuant to the provisions and authority of M.S. § 360.063, as it may be amended from time to time, hereby finds and declares that:
(A) An airport hazard endangers the lives and property of users of the Waseca Municipal Airport, and property or occupants of land in its vicinity, and also if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Waseca Municipal Airport and the public investment therein.
(B) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Waseca Municipal Airport.
(C) For the protection of the public health, safety, order, convenience, prosperity and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards.
(D) The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(E) The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds.
(Ord. 1040, passed 1-5-16)
§ 154.074 SHORT TITLE.
This subchapter shall be known as “Waseca Municipal Airport Zoning Chapter”.
(Ord. 1040, passed 1-5-16)
§ 154.075 AIRSPACE OBSTRUCTION ZONING.
(A) Airspace zones. In order to carry out the purposes of this chapter, the following airspace zones are hereby established: primary zone, horizontal zone, conical zone, approach zone and transitional zone and whose locations and dimensions are as follows:
(1) Primary zone. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending 200 feet beyond each end of the runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is 500 feet for all runways.
(2) Horizontal zone. All that land which lies directly under an imaginary horizontal surface 100 feet above the established airport elevation, or a height of 1,226 feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is 10,000 feet for all runways.
(3) Conical zone. All that land which lies directly under an imaginary conical surface extending upward and outward for the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
(4) Approach zone. All that land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of all runways. The inner edge of the approach surface is at the same width and elevation as, and coincides with, the primary surface. The approach surface inclines upward and outward at a slope of 40 to 1, expanding uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet, and then continuing at the same rate of divergence to the periphery of the conical surface.
(5) Transitional zone. All that land which lies directly under an imaginary transitional surface extending upward and outward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface.
(B) Height restriction. Except as otherwise provided in this chapter, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered or allowed to grow in any airspace zone created division (A) above so as to project above any of the imaginary airspace surfaces described in division (A) above. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.
(Ord. 1040, passed 1-5-16)
§ 154.076 LAND USE SAFETY ZONING.
(A) Safety zone boundaries. In order to carry out the purpose of this chapter, there are hereby created and established the following safety zone boundaries:
(1) Safety Zone A. All that land in the approach zones of the runways which is located within a horizontal distance of 2,600 feet from each end of the primary zones.
(2) Safety Zone B. All that land in the approach zones of the runways which is located within a horizontal distance of 3,900 feet from each end of the primary zones.
(3) Safety Zone C. All that land under any of the defined surfaces, within the perimeter of the horizontal zone, and located within the existing boundaries of the city and which is not in zones A or B.
(4) Safety Zone D. All that land which is enclosed within the perimeter of the horizontal zone and which is not included in Zone A, Zone B or Zone C.
(B) Use restrictions.
(1) Subject at all times to the height restrictions set forth herein, no use shall be made of any load in any of the safety zones defined in division (A) above which creates or causes interference with the operations of radio or electronic facilities on the airport or in aircraft or with radio or electronic communications between the airport and aircraft, which are operated in accordance with the Federal Communications Commission Rules and Regulations Part 87, makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in eyes of pilots using the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft.
(2) Subject at all times to the height restrictions set forth in § 154.075(B), and to the general restrictions contained in division (B)(1) above, areas designated as Zone A shall contain no buildings or temporary structures and shall be restricted to those uses which will not create, attract or bring together as assembly of persons thereon. Permitted uses may include agriculture, light outdoor recreation (non-spectator), cemeteries and auto parking.
(3) Subject at all times to the height restrictions set forth in § 154.075(B), and to the general restrictions contained in division (B)(1) above, areas designated as Zone B shall be used for the following purposes only:
(a) For agricultural and residential purposes, provided there shall not be more than one single-family dwelling per three-acre tract of land;
(b) Any commercial or industrial use which meets the following minimum standards:
1. Each single commercial or industrial use shall not create, attract or bring together a site populations that would exceed 15 times that of the site acreage.
2. Each single commercial or industrial site shall be of a size not less than three acres.
3. Each single commercial or industrial site shall contain no dwellings and shall contain no more than one building per three-acre tract of land.
4. The maximum ground area to be covered by a single commercial or industrial building shall not exceed the following minimum ratios with respect to the building site area:
At Least (Acres) | But Less Than (Acres) | Ratio of Site Area to First Building Area | First Floor Building Area (Square Feet) | Max. Population (15 Persons/A) |
3 | 4 | 12:1 | 10,900 | 45 |
4 | 6 | 10:1 | 17,400 | 60 |
6 | 10 | 8:1 | 32,600 | 90 |
10 | 20 | 6:1 | 72,500 | 150 |
20 | and up | 4:1 | 218,000 | 300 |
(Ord. 1040, passed 1-5-16)
(c) The following uses are specifically prohibited in Zone B; churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, camp grounds and other places of public or semi-public assembly.
(4) Subject at all times to the height restrictions set forth in§ 154.075(B), and to the general restriction contained in division (B)(1) above, the land in zone shall be subject to Code Chapter 154.
(5) Zone D is subject to only the height restrictions set forth in § 154.075(B), and to the general restrictions contained in division (B)(1) above.
(Ord. 1040, passed 1-5-16)
§ 154.077 ZONING MAP.
(A) The several zones herein established are shown on the airport zoning map consisting of three sheets, prepared by Orlin A. Ortloff, Director of Engineering, and dated January 9, 1974, attached hereto and made a part hereof, which map, together with the amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries and other information thereon, shall be and the same is hereby adopted as part of this chapter.
(B) Non-conforming uses.
(1) The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any nonconforming use.
(2) Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted and completed within two years thereof.
(Ord. 1040, passed 1-5-16)
§ 154.078 PERMITS REQUIRED.
(A) (1) Except as specifically provided in divisions (A)(2)(a) and (b) below, no material change shall be made in the use of land and no structure or tree shall be erected, altered, platted or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted by the Zoning Administrator, hereinafter provided for.
(2) Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
(a) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runways except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.
(b) Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by this chapter, as set forth in § 153.04.
(B) Before any existing use or structure may be replaced, substantially altered or repaired, or rebuilt within any zone established herein, a permit must be secured authorizing the replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for a permit shall be granted.
(C) Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. A nonconforming use structure or tree shall be determined to have been abandoned when its use has been discontinued for more than six consecutive months, or where it has been abandoned or more than 80% thereof has either been torn down, become unusable by physical deterioration or decay, and the conditions shall have existed for more than six consecutive months. Whether application is made for a permit under this section or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at their own expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this chapter. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten days after receipt of written notice of the order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming structure lowered, removed, reconstructed or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(Ord. 1040, passed 1-5-16)
§ 154.079 VARIANCES.
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use their property, not in accordance with the regulations prescribed in this chapter, may apply to the Board of Adjustment, hereinafter provided for, for a variance from the regulations. The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of this chapter; provided any variance so allowed may be subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this chapter.
(Ord. 1040, passed 1-5-16)
§ 154.080 HAZARD MARKINGS AND LIGHTINGS.
(A) The owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary the Zoning Administrator to indicate the operators of aircraft in the vicinity of the airport the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the city.
(B) Any permit or variance granted by the Zoning Administrator or Board of Adjustment as the case may be, may, if the action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, so condition the permit or variance as to require the owner of the structure or tree in question at his or her own expense, to install, operate and maintain thereon the markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(Ord. 1040, passed 1-5-16)
§ 154.081 ZONING ADMINISTRATOR.
It shall be the duty of the Waseca County Planning and Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Waseca County Planning and Zoning Administrator upon a form furnished by him or her. Permit applications shall be promptly considered and granted or denied by him or her. Variance applications shall be forthwith transmitted by the Waseca County Planning and Zoning Administrator for action by the Board of Adjustment hereinafter provided for.
(Ord. 1040, passed 1-5-16)
§ 154.082 BOARD OF ADJUSTMENT.
(A) The Board of Adjustment shall consist of five members appointed by the Waseca City-Waseca County Joint Airport Zoning Board, and each shall serve for a term of three years and until his/her successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, two for a term of two years, and two for a term of three years. Upon their appointment, the members shall select a chairperson to act at the pleasure of the Board. Members shall be removable by the Joint Airport Zoning Board for cause, upon written charges, after a public hearing.
(B) The Board of Adjustment shall have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter;
(2) To hear and decide exceptions to the terms of this chapter upon which the Board of Adjustments under the regulations may be required to pass; and
(3) To hear and decide specific variances.
(C) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at other times as the Board of Adjustments may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating the fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Zoning Administrator and shall be a public record.
(1) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
(2) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(Ord. 1040, passed 1-5-16)