- ARTICLE I. – GENERAL TERMS
- Sec. 213-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory use or accessory building or structure means a use, building, or structure, or portion of a building or structure, secondary or subordinate to and serving the principal use or structure on the same lot, and customarily incidental thereto.
Building means any structure having a roof which may provide shelter or enclosure or persons, animals, chattel or property of any kind.
Business means any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.
Church means a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
Conditional use means a use classified herein as a condition which may be appropriate or desirable in a specified zone but which requires special approval because, if not carefully located or designed, it may create special problems such as excessive height or bulk or traffic congestion.
Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operation.
District means zoning district.
Easement means a grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining walkways, roadways, or utilities, including, but not limited to, sanitary sewers, watermains, electric lines, telephone lines, storm sewer or storm drainageways and gas lines.
Essential services means overhead or underground electrical, steam or water transmission, distribution systems, structures for communication or disposal systems, and structures used by public utilities or governmental departments or commissions or as are required for the protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes and accessories in connection therewith, but not including buildings.
Family means one or more persons related by blood, marriage or adoption or any unrelated person who resides therein as though a member of the family. Five or fewer persons not related by blood, marriage or adoption will be considered a family regardless of the ownership of the unit amongst the five or fewer persons.
Frontage means that boundary of a lot which abuts an existing or dedicated public street.
Home occupation means any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit, excluding remote work. Such occupations include, but are not limited to, professional offices, minor repair shops, photo or art studios, dressmaking, barbershops, beauty shops, bed and breakfast establishments or uses deemed similar by the planning commission or the city council.
Lot means a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description as on a subdivision of record or survey map, for the purpose of sale, lease or separate use thereof. A lot need not be a lot of existing record.
Lot line means the property line bordering a lot, except that where any portion of a lot extends into the public right-of-way, that right-of-way line shall be the lot line for purposes of this chapter.
Lot line, front, means that boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot it shall be the shortest dimension on a public street.
Lot line, rear, means the boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot parallel to and at the maximum distance from the front lot line, with the exception of a double frontage lot, every lot shall have a rear lot line.
Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.
Parking space means a suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of not less than 200 square feet.
Pedestrian way means a public or private right-of-way across or within a block, to be used by pedestrians.
Planning commission means the city's planning and zoning commission. The planning commission shall be appointed by the City Council, and shall consist of 1 Council Member, 1 EDA Member, and 1 citizen at large. Members of the planning commission shall serve 2 year terms.
Property owner means any person having a freehold estate interest, leasehold interest extending for a term or having renewal options for a term in excess of one year, a dominant easement interest, or an option to purchase any of same, but not including, owners or interests held for security purposes only.
Public land means land owned or operated by municipal, school district, county, state or other governmental units.
Setback means the minimum distance between a structure or sanitary facility and a property line.
Smoke shop means a store selling primarily any combination of tobacco products including smokeless tobacco products, marijuana products, or smoking equipment.
Street means a public right-of-way which affords primary means of access to abutting property and open to public travel and shall also include any:
Structural alteration means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in any exterior walls.
Structure means anything constructed, the uses of which require more or less permanent location on the ground or are attached to something having a permanent location on the ground.
Use means the purpose or activity for which the land, structure or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained.
Use, nonconforming, means a use of land, buildings, or structures legally existing at the time of adoption of the ordinance from which this chapter is derived which does not comply with all the regulations of this chapter or any amendments hereto governing the zoning district in which such use is located.
Use, permitted, means a public or private use which conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district.
Use, principal, means the main use of land or buildings as distinguished from subordinate or accessory use. A principal use may be either permitted or conditional.
Variance means a modification or variation of the provisions of this chapter where it is determined that, by reason of special and unusual circumstances relating to a specific lot, strict application of this chapter would cause undue hardship.
Yard means a required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky, except as permitted in this chapter. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. For earth-sheltered buildings and buildings covered with earth berms, the line of the building is measured from the exterior surface of the building regardless of whether it is above or below grade.
Zoning administrator means the city clerk.
Zoning district means an area within the city limits for which the regulations and requirements governing use are uniform as defined by this chapter.
Zoning map means the map bearing the designation "official zoning map for the city," together with all proper notations, references and other information shown thereon.
- Sec. 213-2. - Intent and purpose.
This chapter is adopted for the purpose of:
(1) Guiding the implementation of the goals and policies of the city by regulating land uses;
(2) Protecting the public health, safety, comfort, convenience and general welfare;
(3) Promoting orderly development of the residential, commercial, industrial, recreational and public areas;
(4) Conserving and protecting the natural resources in the city;
(5) Providing for the compatibility of different land uses and the most appropriate use of land throughout the city;
(6) Minimizing environmental pollution;
(7) Conserving energy such as through the encouragement of environmentally friendly development in commercial, industrial and residential areas;
(8) Preserving property values throughout the community; and
(9) Promoting the economic development of the city.
- Sec. 213-3. - Violations.
(a) Complaints. Whenever a violation of this zoning ordinance occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating fully the cause and basis thereof, shall be filed with the zoning administrator. Such administrator shall record properly such complaint and immediately investigate and take action thereon as provided by this chapter.
(b) Noncompliance. Any building or structure being erected, constructed, reconstructed, altered, repaired, converted or maintained, or any land use made or permitted in violation of this chapter or any other city zoning ordinances or any other official control adopted under law is hereby declared unlawful.
(c) Notice. Notice and public hearing of violations and termination proceedings of all nonconforming, incompatible, accessory, or conditional uses or home occupation uses shall be given by the city council to the interested party by certified mail, or in lieu thereof, by one legal published notice at least ten days before the hearing date. Notice shall be given by the city council within a reasonable time.
(d) Enforcement. This Ordinance shall be administered and enforced by the City Council of Wabasso, Minnesota, or its authorized representative. The Zoning Administrator may institute appropriate action for any violations of this Ordinance at the direction of the City Council and through the City Attorney as deemed necessary.
(e) Penalties. Any person, firm or corporation who shall violate any of the provisions hereof or who shall fail to comply with any of the provisions hereof or who shall make any false statements in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
- Sec. 213-4. - Applicability.
(a) This chapter shall be applicable to all lands, structures and waters within the corporate city limits.
(b) In their interpretation and application, the provisions of this chapter shall be considered to be the minimum requirements for the promotion of the public health, safety and welfare. Further and additional requirements may be ordered by the city as part, for example, of granting conditional use permits.
(c) No part of the yard or open space required for a given building shall be included as a part of the yard or other space required for another building, and no lot shall be used for more than one principal building.
(d) Each new occupied building shall be required to connect to the city sewage disposal system where such system is available.
(e) Except as this chapter specifically provides, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose or in any manner which is not in conformity with this chapter. Temporary buildings that are used in conjunction with construction work, including trailers and manufactured homes used as offices and for tool storage, may be permitted in any district during the period that construction is taking place, but such temporary buildings shall be removed within 30 days after completion of construction work.
- ARTICLE II. - ADMINISTRATION AND ENFORCEMENT
- DIVISION 1. – GENERALLY
- Sec. 213-27. - Schedule of fees, charges and expenses.
(a) The city council shall establish a schedule of fees, charges and expenses and a collection procedure for building permits, conditional use permits, variances, and other matters pertaining to this article. The schedule of fees shall be kept on file in the office of the zoning administrator and may be altered or amended by the city council.
(b) No permit, certificate, conditional use permit or variance shall be issued, unless or until such costs, charges, fees or expenses have been paid in full, nor shall any action be taken on any proceedings before the board of adjustment, unless or until preliminary charges and fees have been paid in full.
- Sec. 213-28. - Building permits.
(a) Application. Except as hereinafter provided, no person shall construct, erect, alter, wreck, or move any building or structure or part thereof within the corporate city limits without first securing a building permit (interchangeably referred to as construction permits) from the city. The rules, regulations, and application for a permit shall apply as set forth by City Ordinance 214B and it’s successors.
(b) Issuance. The Zoning Administrator shall issue the building permit only after determining that the building plans together with the application comply with the terms of this chapter and all other City Ordinances.
- Sec. 213-29. - Appeals; board of adjustment.
(a) A board of adjustment is established for the city, consisting of the members of the planning commission.
(b) The board of adjustment shall adopt rules for the transaction of its business and shall keep a public record of its proceedings, including minutes of its meetings and its findings and determinations.
(c) The board of adjustment shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the zoning administrator. Such appeal may be taken by any person aggrieved by any such order or decision.
(d) The aggrieved applicant shall file his appeal, in writing, with the zoning administrator, describing the order or decision appealed, and the reasons he believes that order or decision to be in error. The written appeal shall be filed with the zoning administrator within 30 days of the appellant's receipt of the order or decision he wishes to appeal.
(e) The zoning administrator shall transmit the written appeal to the board of adjustment. The board shall set the date for a public hearing on the appeal and shall have a notice of such hearing provided to the appellant by mail at least ten days prior to the hearing.
(f) Any person may appear at the hearing, either in person or by agent or attorney. The board of adjustment shall make a decision within 30 days of the public hearing and shall serve a copy of its order deciding the matter upon the appellant by mail.
(g) The board of adjustment may reverse or affirm, in whole or in part, or modify the zoning administrator's order, requirement, decision, or determination. The board of adjustment's decision shall be final, subject to appeal to the city council. The reasons for
the board of adjustment's decision shall be stated in writing.
(h) Any person aggrieved by the decision of the board of adjustment, including the zoning administrator, may appeal that decision to the city council for final determination. Any such appeal shall be filed in writing with the city council within 30 days of the action of the board of adjustment. Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the city council's final action.
(i) The board of adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions, as specified in this ordinance. No use variances, uses different than those allowed in the district, shall be issued by the board of adjustment.
- DIVISION 2. - NONCONFORMITIES AND PREEXISTING LOTS
- Sec. 213-51. - Nonconforming buildings, structures and uses.
(a) Purpose. It is the purpose of this section to provide for the regulation of nonconforming buildings, structures and uses and to specify those requirements, circumstances and conditions under which nonconforming buildings, structures and uses will be operated and maintained. It is necessary and consistent with the establishment of zoning districts that nonconforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all nonconforming uses shall eventually be brought into conformity or established as a conditional use.
(b) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) Expand or expansion means any increase in a dimension, size, area, volume or height, any increase in the area of use, any placement of a structure or part thereof where none existed before; any addition to a site feature such as a deck, patio, fence, driveway, parking area, or swimming pool; any improvement that would allow the land to be more intensely developed; any move of operations to a new location on the property; any increase in intensity of use based on a review of the original nature, function or purpose of the nonconforming use; increase in the hours of operation, traffic, parking, noise, exterior storage, signs, exterior lighting, types of operations, types of goods or services offered, odors, area of operation, number of employees or, such other factors deemed relevant by the city.
(2) Improvement means making the nonconforming use better, more efficient, or aesthetically pleasing, including any change that does not replicate what pre-existed. A mere expansion, enlargement or intensification of a nonconforming use does not constitute an improvement for that reason alone.
(3) Nonconforming land use means an activity using land, a building or structure, or a combination thereof, for a purpose that was lawful when established and which is not permitted by the provisions of existing land use regulations.
(4) Nonconforming structure is a structure that was constructed in compliance with the land use regulations in effect at that time with respect to certain standards such as location, height, setback or size, but no longer complies in that regard with existing land use regulations.
(5) Replacement, reconstruction or restoration means the repair of a building or structure that duplicates the condition of the building prior that existed prior to the construction activity.
(c) General principles.
(1) A nonconforming use or structure may be used and continued by means of repair, replacement, restoration, maintenance or improvement that does not constitute an expansion.
(2) A nonconforming land use or nonconforming structure may not be expanded except for the purpose of making it a permitted use or structure; or, as otherwise may be permitted by the provisions of this section.
(3) A nonconforming use land use may be extended throughout the building or structure, provided no structural alterations or changes are made therein. If a structural alteration or change is required by law, is needed to promote safety, or is otherwise necessary to secure or ensure the continued advantageous use of the building during its natural life, such structural alteration is permitted.
(4) A nonconforming land use may not be resumed if the use has been discontinued for a period of 12 consecutive months; or if the use requires the existence of a nonconforming structure that has been removed and not replaced for a period of 12 consecutive months.
(5) Removal or destruction of a nonconforming structure to the extent of more than 50 percent of its estimated market value at the time of its removal or damage by fire or other peril terminates the right to replace or repair such nonconforming structure, unless a building permit application to do so is submitted to the city for approval within 180 days of the date of the removal or damage.
(6) An expansion may be made to a structure used as a residence that constitutes a nonconforming land use when such expansion improves the livability and safety of the structure, and does not increase the number of dwelling units contained within the structure. Construction and alteration of a garage or accessory building is also permitted if said construction or alteration otherwise complies with the building standards applicable to the underlying zoning district, and the use of the building is consistent with the nonconforming land use in question.
(7) If a nonconforming land use is superseded or replaced by a permitted use the nonconforming status of the premises and any right which may arise under the provisions of this section terminate.
(8) A nonconforming land use that is identified as a conditional use for the property may be continued without seeking a conditional use permit.
(9) A nonconforming structure in existence at the time of this ordinance’s adoption that violates only setback or lot size performance standards may be continued.
(10) A nonconforming land use may be extended as a conditional use upon application to and approval of the planning commission.
- DIVISION 3. - CONDITIONAL USE PERMITS
- Sec. 213-78. - Criteria.
In granting a conditional use permit, the city council shall consider the advice and recommendations of the planning commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the city council shall make the following findings, where applicable:
(1) The use will not create an excessive burden on existing parks, schools, streets and other public facilities which serve or are proposed to serve the area.
(2) The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
(3) The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties.
(4) The use is reasonably related to the overall city needs and to the existing land use.
(5) The use is consistent with the purposes of this chapter and the purposes of the zoning district in which the applicant intends to locate the proposed use.
(6) The use will promote local economic development, including local business ownership and/or employment.
(7) The use will not cause any traffic hazard or congestion.
(8) Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided.
- Sec. 213-79. - Additional conditions.
(a) In permitting a new or existing conditional use, the city council may impose, in addition to the standards and requirements expressly specified by this chapter, additional conditions which the city council considers necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to the following:
(1) Increasing the required lot size or yard dimension.
(2) Limiting the height, size or location of buildings.
(3) Controlling the location and number of vehicle access points.
(4) Increasing the street width.
(5) Increasing the number of required off-street parking spaces.
(6) Limiting the number, size, location or lighting of signs.
(7) Requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(8) Designating sites for open space.
(9) Establishing a time limit on operations.
(10) Requiring pre-approval of any plans by county or state agencies related to the proposed use.
(b) Permits for accessory buildings built of post-frame type construction, i.e., pole buildings, may include the following conditions:
(1) All workmanship shall be done in a quality manner.
(2) All eaves and gable end rakes shall have overhangs made of finished soffits and facias.
(3) All trims, windows and doors will be finished.
(4) Doors will consist only of standard walk-in style, roll-up style, or overhead style. No sliding doors or barn-hinge type doors will be allowed.
(5) All exposed side wall siding and trim fasteners will be installed to manufacturer's specifications, installed in a straight pattern with the use of a string line, and of matching colors.
(6) The use of sheet steel siding will be approved in board and batten style rather than continuous corrugated type and no galvanized siding will be allowed. No bold colors will be allowed. Any style or color siding not falling under these guidelines will be reviewed on an individual basis by the planning and zoning committee and recommended to the city council for approval. Further, the structure shall comply with all requirements and provisions set forth for storage structures in article VI, division 4 of this chapter.
(7) The treated skirting will be the only exposed portion of the building that may be left unfinished. It shall not have more than eight inches of exposure from finish grade to the bottom of the siding. The finish grade will lap up on the skirting no less than three inches.
(8) The building site will be graded to within six inches of level, high to low corner, before construction begins.
(9) The floor of said structure or building shall be of a nonflammable and nonabsorbent material as per the state building code standards if a motor vehicle will be parked or stored in it.
(c) The zoning administrator shall maintain a record of all conditional use permits issued, including information on the use, location, and conditions imposed by the city council time limits, review dates, and such other information as may be appropriate.
- DIVISION 4. - VARIANCES
- Sec. 213-108. - Procedure.
(a) The procedures for obtaining a variance from the regulations of this chapter are as follows:
(1) The property owner or his agent shall meet with the zoning administrator to explain his situation, learn the procedures and obtain an application form.
(2) The applicant shall file the completed application form, together with the required exhibits, with the zoning administrator and shall pay a filing fee, as established from time to time by the city council.
(3) The zoning administrator shall transmit the application to the board of adjustment for review and shall notify by mail all property owners within 350 feet of the outer boundaries of the property in question; provided however, failure of any property owners to receive such notification shall not invalidate the proceedings.
(4) The zoning administrator shall set the date for a public hearing and shall have the notice of such hearing published at least once in the legal newspaper, not less than ten days prior to the hearing.
(5) The board of adjustment shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: Approval, denial or approval with special conditions.
(6) No application by a property owner for a variance shall be submitted to the board of adjustment within a six-month period following a denial of such a request, except the board may permit a new application, if in the opinion of the board, new evidence or change of circumstances warrants it.
(7) All appeals from the decision of the board of adjustment relating to variances shall first be presented to the city council, and shall be filed in writing with the city council within 30 days of the action of the board of adjustments Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the city council's final action.
(b) The board of adjustment may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.
- Sec. 213-109. - Exhibits to accompany application.
(a) A preliminary building and site development plan is required to be submitted when applying for a variance. The board of adjustment or city council may also require a boundary survey of the property.
(b) Evidence of ownership or enforceable option on the property shall be required to be submitted when applying for a variance.
- Sec. 213-110. - Criteria.
(e) The board of adjustment, in granting a variance, may impose additional conditions to ensure compliance with its decision and protect adjacent properties. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.
- ARTICLE III. - ZONING DISTRICTS ESTABLISHED; ZONING MAP
- Sec. 213-154. - Zoning districts.
(a) The zoning districts are so designed as to assist in carrying out the intent and purpose of the comprehensive plan, which is to protect the public health, safety, convenience and general welfare.
(b)For the purposes of this chapter, the city is hereby divided into the following zoning districts:
| Symbol | Name |
| R-1 | Residential District |
| B-1 | Downtown commercial district |
| B-2 | Highway commercial district |
| I-2 | General industrial district |
| A-1 | Agricultural |
- Sec. 213-155. - Zoning map.
Ordinance 213 Zoning Ordinance Map (PDF)
(a) The location and boundaries of the districts established by this chapter are set forth on the official zoning map, which is hereby incorporated as part of this chapter and which is kept on file in the City Clerk’s office.
(b) District boundary lines recorded on the city zoning map are intended to follow lot lines, the centerlines of streets or alleys, the centerlines of streets or alleys projected and the corporate limit lines as they exist at the time of the enactment of the ordinance from which this article is derived.
(c) All territory which may hereafter be annexed to the city shall be considered zoned in the same manner as the contiguous territory inside the previous city limits until otherwise classified and indicated as such on the zoning map.
(d) Amendments to the zoning map shall be recorded on the official zoning map by the zoning administrator within 15 days after the adoption of the amendment by the city council. The official zoning map shall be maintained by the zoning administrator and shall be kept on file at city hall for view by the public during normal office hours. In those cases where there is a question of the exact location of a zoning district, the board of adjustment shall make the necessary interpretation.
- ARTICLE IV. - DISTRICT REGULATIONS
- Sec. 213-182. - Residential district (R-1).
(a) Purpose. The R-1 district is intended to allow low-density development of single-family dwelling units in developing portions of the city where city sewer and water is available. Where available, all dwelling units in an R-1 district shall be required to connect to city sewers.
(b) Permitted uses. The following are permitted uses for property zoned single-family residential.
(1) Single-family detached dwellings.
(2) Single-family attached (duplex dwellings).
(3) Public recreation, including parks and playgrounds.
(4) Historic sites and structures.
(5) Public and parochial schools of general instruction.
(6) Churches, chapels, including parish houses.
(7) State-licensed residential facilities serving six or fewer persons.
(8) Licensed day care facilities serving 12 or fewer persons, or group family day care facilities licensed to serve 14 or fewer children.
(c) Accessory uses. Any incidental structure or building for use of the occupants of the permitted principal structure, including, but not limited to residential towers, swimming pools, private garages, carports, propane tanks, screen houses and post-frame type construction shall be allowed as accessory use for property zoned single-family residential if it complies with division 2, accessory buildings and structures and with applicable city ordinances, including city construction ordinances.
(d) Conditional uses. All conditional uses require a conditional use permit as set forth and regulated by article II, division 3, of this chapter. The following are conditional uses for property zoned single-family residential:
(1) Multi-family dwelling units;
(2) Municipal office buildings;
(3) Boarding or rental of rooms, including bed and breakfast establishments;
(4) Governmentally owned buildings and structures, including police and fire stations, libraries, museums and art galleries;
(5) Nursing homes, hospitals and sanitariums;
(6) Public service facilities, including water supply buildings and reservoirs, elevated tanks, utility buildings, substations and transformer stations;
(7) Semi-private recreation areas, clubs, lodges and centers, including country clubs, swimming pools and golf courses, but not including such uses as camping areas, miniature golf courses or practice driving tees operated for commercial purposes;
(8) Cemeteries, memorial gardens and funeral homes;
(9) Home occupations.
(10) Any other use of a character similar to those listed under subsection (b) of this section.
(e) Performance standards. The following are the performance standards for property zoned single-family residential. Where other standards are established by City Ordinance, the more restrictive standard shall apply.
(1) Height. The maximum height of all buildings shall not exceed 35 feet.
(2) Front yard
(a) Primary Performance Standards
1) The minimum required setback distance shall be 30 feet from the right-of-way line.
2) Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback of 30 feet on one side (front) and 20 feet on the other side (side).
(b) Secondary Performance Standards
1) The secondary performance standards may be applied in established neighborhoods where the nature and character of the neighborhood is consistent with the secondary performance standards. The City Zoning Administrator may give preliminary approval for the application of secondary performance standards, with confirmatory review by the Board of Adjustment.
2). Where the secondary performance standards apply, the minimum required setback distance shall be 20 feet from the right-of-way line.
(3) Side and rear yard.
- The minimum side yard shall be six feet from the property line.
- The minimum rear yard shall be 10 feet from the property line.
(4) Fences and shrubs shall be exempted from the setback rule established under this section. All other city ordinances applying to fences and shrubs shall still apply.
(5) Lot area. The minimum lot area shall be 9,000 square feet for single-family attached and single-family detached structures.
(6) Lot width and depth.
- The minimum lot width shall be as follows:
- Single-family detached: 75 feet at the building line and 45 feet at the street line. Lots platted at 60 feet in width prior to the adoption of the ordinance from which this chapter is derived shall be considered as meeting the minimum lot width.
- Single-family attached: 80 feet at the building line and 50 feet at the street line.
- Lots platted at 60 feet in width prior to the adoption of the ordinance from which this chapter is derived shall be considered as meeting the minimum lot width.
- Minimum street access. No more than two single-family lots can share a single 50-foot wide street access and driveway if the lots meet the following additional standards:
(i) Follow all performance standards set forth in this section;
(ii) Maintain individual utility connections;
(iii) The city is provided with copies of any access and utility easements relating to the separate properties;
(iv) There is adequate emergency access for both lots;
(v) There is compliance with additional requirement and regulations that are set forth in this zoning ordinance, if applicable.
- There is no minimum lot depth.
(7) Lot coverage.
(a)The maximum lot coverage of all buildings, including accessory buildings, shall not exceed 40 percent.
(b) Schools, churches shall be exempted from this requirement.
(c) Those lots that would qualify under the Secondary Performance Standards in 213-182 (2)(b), above, shall have a maximum lot coverage of all buildings, including accessory buildings, which shall not exceed 60 percent.
(8) Additional requirements. Additional requirements for parking, sewage systems and other regulations are set forth in article VI of this chapter.
- Sec. 213-184. – Downtown commercial district (B-1).
(a) Purpose. The B-1 district is intended to encourage the continuation of a viable downtown and concentrated commercial area by allowing retail, service, office and entertainment facilities as well as public and semipublic uses and any uses permitted in R-1 districts.
(b) Permitted uses. The following are permitted uses for property zoned downtown commercial.
(1) Business services, including banks, offices and postal stations.
(2) Clothing services, including dry cleaning and laundry establishments, laundromats, dressmaking, millinery and tailor shops, and shoe repair shops.
(3) Equipment services, including radio and television shops, electrical appliance shops, showrooms of a plumber, decorator or similar trade.
(4) Food services, including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, delicatessens, candy shops, farmers markets, open air markets and bakeries whose products are sold only at retail on the premises.
(5) Personal services, including barbershops and beauty shops, fitness centers, spas, photographic shops and funeral homes.
(6) Retail services, including drug stores, hardware stores, haberdasheries, stationary and book stores, news shops, apparel shops, showrooms for articles to be sold at retail, flower shops and commercial greenhouses.
(7) Public transportation terminals, public utility buildings and transformer stations without storage yards.
(8) Buildings used for research and testing laboratories, storage buildings or distributing stations.
(9) Any similar commercial establishments or professional services or commercial services not specifically stated or implied elsewhere in this article.
(10) Buildings and uses customarily necessary to any of the uses specified in this section which may include the repair, alteration, finishing, assembly, fabrication of storage of goods. Such uses shall not be detrimental either by reasons of odor, smoke, noise, dust or vibration to the surrounding neighborhood.
(11) Medical service, including medical, dental, chiropractic, and animal clinics.
(12) Brewpub; small brewery with taproom; micro-distillery with tasting room; taproom.
(13) Any uses permitted in R-1 Districts.
(c) Accessory uses. Uses incidental to the principal uses, such as off-street parking and loading and unloading areas, storage of merchandise, residential towers shall be permitted as accessory uses within the B-1 district.
(d) Conditional uses. The following are conditional uses for property zoned downtown commercial and shall require a conditional use permit as set forth and regulated by this zoning ordinance.
(1) Automotive services including auto equipment sales, car wash service, new and used car sales lots, trailer sales area, gasoline service station and auto repair garages.
(2) Recreation services, including theaters, bowling alleys, poolrooms, dance halls roller and ice skating rinks.
(3) Hotels, motels, private clubs, bed and breakfasts and lodges.
(4) Wholesale establishments, taverns, nightclubs, on and off-sale liquor stores.
(5) Trade schools.
(6) Commercial parking garages and ramps.
(7) Drive-in restaurants, drive-in banks, and other drive-in services.
(8) Open-air display areas for the sale of products such as garden furniture, hardware items, nursery stock or automobiles or areas used to display rental equipment such as tools or trailers.
(9) Buildings or uses customarily incidental to the uses listed in this subsection when located on the same property, and which will not be detrimental either by reason of odor, smoke, noise, dust or vibration, to the surrounding neighborhood.
(10) Care centers for children or adults.
(11) Animal processing facilities and butcher shops attached to commercial retail establishments.
(12) Residential uses located above or below street-level commercial establishments.
(13) Other uses which, in the opinion of the planning commission or the city council, are of the same general character as the permitted uses and which will not be detrimental to the central business district.
(e) Prohibited uses. The following are specifically prohibited uses in property zoned Downtown Commercial:
(1) Smoke shops.
(2) Shops selling recreational chemicals other than alcohol or tobacco.
(3) Adult Oriented Businesses, as identified in Ordinance 239 or its successors.
(f) Performance standards. The following are performance standards for property zoned general commercial:
(1) Height. The maximum height of all buildings and structures shall be 45 feet.
(2) Front, side and rear yard, lot coverage, lot area and frontage. For all permitted uses in the B-1 district, there are no minimum requirements for front, side or rear yards, lot coverage, lot area or frontage. All conditional uses shall meet the minimum requirements as specified by the planning commission and city council.
(3) Screening and fencing. The city may require the screening or fencing of commercial uses on side and rear yards which face residential or rural residential districts.
(4) Performance Standards for Uses Permitted under R-1. For all permitted uses under this section that would also be permitted uses under R-1, above, the performance standards contained in 213-182 shall apply.
(5) Additional regulations. Additional requirements for parking, shopping centers and other regulations are set forth in this ordinance and any other Wabasso ordinance.
- Sec. 213-185. – Highway commercial district (B-2).
(a) Purpose. The B-2 district is intended to accommodate those uses which are oriented to automobile travel and require highway access. This district should only allow those uses which absolutely require highway access and exposure.
(b) Permitted uses. The following are permitted uses for property zoned neighborhood commercial:
(1) Automobile services, including auto equipment sales, car wash service, new and used car sales lots, trailer sales areas, gasoline service stations and auto repair garages.
(2) Business services, including banks, offices and postal stations.
(3) Clothing services, including dry cleaning and laundry establishments, laundromats, dressmaking, millinery and tailor shops and shoe repair shops.
(4) Equipment services, including radio and television shops, electrical appliance shops, and plumbing and similar trade showrooms.
(5) Medical services, including clinics, hospitals, rest homes, and animal clinics.
(6) Food services, including grocery stores, fruit, vegetable and meat markets, supermarkets, restaurants, delicatessens, candy shops, farmers markets, open air markets and bakeries whose products are sold only at retail on the premises.
(7) Personal services, including barbershops and beauty shops, reducing salons, photographic shops and funeral homes.
(8) Retail services, including drug stores, hardware stores, haberdasheries, stationery and book stores, news shops, apparel shops, showrooms for articles to be sold at retail, sales rooms, flower shops and commercial greenhouses.
(9) Recreation services, including theaters, bowling alleys, poolrooms, billiard rooms and dancing academies.
(10) Roller and ice skating rinks, miniature golf courses.
(11) Hotels, motels, private clubs and lodges.
(12) Wholesale establishments, taverns, nightclubs and on- and off-liquor stores.
(13) Trade schools.
(14) Commercial parking garages.
(15) Public transportation terminals, public utility buildings and transformer stations without storage yards.
(16) Single-family residences when included as an integral part of the principal building, occupied by the owners, or their employees.
(17) Drive-in restaurants, drive-in banks and drive-in services or businesses not herein strictly prohibited.
(18) Athletic and health clubs/businesses.
(19) Open-air display areas for the sale of manufactured products such as garden furniture, hardware items and nursery stock, or rental of manufactured products or equipment such as household equipment or small tools.
(20) Buildings used for research and testing laboratories, storage buildings, distributing stations, but not including lumber and fuel yards, junkyards, used automobile parts or wrecking establishments, businesses handling waste or junk, or those businesses which are offensive to the surrounding neighborhood by reason of odor, noise, smoke, or vibration.
(21) Buildings and uses customarily necessary to any of the uses specified in this subsection, which may include the repair, alteration, finishing assembly, fabrication or storage of goods.
(22) Buildings and uses customarily necessary to any of the uses listed in this subsection but which will not be detrimental, either by reason of odor, smoke, noise, dust or vibration, to the surrounding neighborhood.
(23) Brewpub; small brewery with taproom; micro distillery with tasting room; taproom.
(24) Any uses permitted in R-1 or B-1 districts.
(25) Any similar commercial establishment or professional service or commercial service not specifically stated or implied elsewhere in this subsection.
(c) Accessory uses. Off-street parking, storage garages, loading areas as required in this article, residential towers, business towers, and post-frame type shall be permitted as accessory uses within a neighborhood commercial district if they comply with this ordinance and any other City of Wabasso ordinance regulating accessory building and structures.
(d) Conditional uses. All uses set forth hereunder shall require a conditional use permit as set forth and regulated by article II, division 3, of this chapter.
(1) Recreational and camping areas.
(2) Open air sales lots not listed as permitted uses.
(3) Telecommunication towers.
(e) Performance standards. The following are performance standards for property zoned neighborhood commercial:
(1) Height. No building or structure shall hereafter be erected or structurally altered to exceed 35 feet in height.
(2) Front yard. There shall be a minimum front yard setback of 25 feet. Where a lot is located at the intersection of two or more streets, there shall be front yard setback on each street.
(3) Side and rear yards.
- There may be a zero-foot minimum side yard; provided however, both side yards shall total 20 feet.
- A minimum side yard of 30 feet shall be required on that side of a property abutting any RR, R-1 or R-2 district.
- There shall be a 20 foot minimum rear yard setback.
(4) Lot area. The minimum lot area shall be 5,000 square feet.
(5) Lot width and depth.
- The minimum lot width at the street line shall be 50 feet.
- There shall be no minimum lot depth.
(6) Performance Standards for Uses Permitted under R-1. For all permitted uses under this section that would also be permitted uses under R-1, above, the performance standards contained in 213-182 shall apply.
(f) Screening and fencing. The city may require the screening or fencing of commercial uses on side and rear yards which abut a residential district.
(g) Additional requirements. Additional standards and regulations related to parking, etc., are set forth in article VI of this chapter.
- Sec. 213-186. – General Industrial district (I-1).
(a) Purpose. The I-1 district is intended to provide for industrial uses that may also be suitably located in areas of relatively close proximity to nonindustrial development. As such, industries that pose problems of air or noise pollution or traffic congestion will be prohibited in this district.
(b) Permitted uses. The following are permitted uses for property zoned light industrial:
(1) Building materials storage yards, lumberyard, machinery lots, car lots and agricultural products yards.
(2) Contractors' equipment rental and storage yards.
(3) Wholesale businesses, including warehousing and storage buildings.
(4) Commercial laundries and dry cleaning plants.
(5) Light manufacture, compounding and treatment of such products as bakery goods, candles, cosmetics, dairy products, food products, drugs, perfumes, pharmaceuticals, soap, cold mix only, and toiletries.
(6) Light manufacture, compounding treatment and assembly of articles or merchandise previously manufactured elsewhere.
(7) Manufacturing processes and treatment of products using light machinery such as tool and die shops, wood and metal fabricating plants and welding shops.
(8) Public utility service buildings and yards, electrical transformer stations and substations, and gas regulator stations.
(9) Buildings and uses customarily necessary to the aforementioned permitted uses, which will not be detrimental, either by reason of odors, smoke, noise or vibration to the surrounding neighborhood.
(10) Breweries, distilleries, micro-distilleries with tasting rooms and taprooms.
(11) Athletic and health clubs/businesses.
(12) Large animal veterinary and animal clinic.
(13) Retail sales incidental to and in conjunction with the aforementioned permitted uses.
(14) Any uses permitted in R-1, B-1, or B-2 districts.
(c) Accessory uses. The following shall be permitted as accessory uses within a light industrial district:
(1) Off-street parking, storage garage, and loading areas and structures as regulated by this article, and business towers.
(2) Buildings temporarily located for purposes of construction, essential security and safety facilities as approved by the city council, and offices accessory to the principal use.
(d) Conditional uses. The following are conditional uses for property zoned light industrial:
(1) Recreation camping.
(2) Open air sales lots not listed as permitted uses.
(3) Manufacturing of cement, concrete, lime, gypsum or plaster.
(4) Grain elevators.
(5) Distillation of bone, coal, tar, petroleum, refuse, grain or wood.
(6) Explosive manufacture or storage, including propane storage.
(7) Fertilizer manufacturing, compost or storage.
(8) Handling, incineration, and processing of garbage, offal, dead animals, refuse, rancid fats, glue and gelative manufacturing, where the processes include the refining or recovery of products from animal refuse or offal.
(9) Petroleum or asphalt refining, manufacturing or storage.
(10) Smelting or refining of metals from ores.
(11) Storing, curing and tanning of raw, green or salted hides or skins.
(12) Corrosive acid manufacturing or bulk storage thereof.
(13) Junkyards.
(14) Adult entertainment uses.
(15) Telecommunication towers.
(e) Performance standards. The following are performance standards for property zoned light industrial:
(1) Height. No building or structure shall hereafter be erected or structurally altered to exceed 45 feet in height.
(2) Front yard.
- The required setback distance for front yards shall be 40 feet.
- Where a lot is located at the intersection of two or more roads or highways, there shall be a front yard setback on each road or highway side of each corner
lot. No building shall project beyond the front yard line of either road.
(3) Side and rear yard. The minimum of each side yard shall be ten feet, and the minimum rear yard shall be 20 feet. Where an I-2 district is adjacent to a residential district and not separated by a street, a side yard of 200 feet shall be provided.
(4) Lot area and width.
- The minimum lot area shall be 10,000 square feet.
- The minimum lot width shall be 100 feet.
(5) Screening and fencing. The city may require the screening or fencing of industrial side and rear yards which abut a residential district.
(6) Performance Standards for Uses Permitted under R-1. For all permitted uses under this section that would also be permitted uses under R-1, above, the performance standards contained in 213-182 shall apply.
(7) Additional requirements. Additional standards and regulations related to parking, etc., are set forth in this ordinance and any other ordinance of the City of Wabasso.
- Sec. 213-187. – Agricultural District
(a) Purpose. The A1 district is intended to provide for the establishment of agricultural uses.
(b) Permitted uses. The following are permitted uses for property zoned agricultural:
(1) Agricultural uses, including the growing of crops and the raising of livestock.
(2) Residential uses, provided that the density of those units is no more than 4 units per 40 acres.
(3) Cemeteries
(4) Public Buildings
(c) Accessory uses. Accessory uses to the permitted uses are permitted.
(d) Conditional uses. The following are conditional uses for property zoned general industrial.
(1) Other agricultural uses determined by the Planning Commission to be of the same general character as the principal uses above and found not to be detrimental to the general public health and welfare.
(f) Performance standards. The following are performance standards for property zoned agricultural:
(1) Height. No building or structure shall be hereafter erected or structurally altered to exceed 45 feet in height, except for silos.
(2) Setbacks. For any adjoining lot, the side yard requirements shall be 75 feet, 150 feet in total.
(3) Maximum Ground Coverage. The sum total of the ground area covered by all structures shall not exceed 30 percent of the zoning lot on which the structures are located.
(4) Additional regulations. Additional standards and regulations related to parking, etc., as set forth in this Ordinance and any other Ordinance of the City of Wabasso.
- ARTICLE IV. – ADDITIONAL REGULATIONS
- Sec. 213-200 Regulation of Small Box Stores
(a) Intent and Purpose. The City of Wabasso regulates the zoning within the community to protect the public health, safety and general welfare of the people through the establishment of minimum regulations governing land development and use.
(b) Research. The Wabasso EDA and the City of Wabasso, through a planning and development process, has studied the possible construction of small box stores within our community and their possible impact on the community, including its citizens and established local businesses.
(c) Definitions
- Small Box Store. A small box store is defined as a store of 12,000 square feet or less which sells at retail an assortment of physical goods, products, or merchandise directly to the consumer, including food or beverage for off-premise consumption, household products, personal grooming and health products, and other consumer good.
Small box stores do not include retail stores that (a) dedicate at least 15% of shelf space to fresh or fresh frozen food; or (b) dedicates less than 2% of shelf space to food of any kind; or (c) contains a prescription pharmacy, or (d) offers for sale gasoline or diesel fuel, or (e) offers items generally at a cost of $10 or more, or (f) sells primarily second-hand items, antiques, or homemade items.
(d) Regulation within downtown business district.
- Small box stores shall be prohibited within the downtown business district.
(e) Regulation within the Highway Commercial District
- Small box stores shall be a conditional use, with minimum requirements as follows:
- a) a minimum distance of 250 feet from all residential districts;
- b) a minimum distance of 2640 (1/2 mile) from an existing retail store that dedicates more than 15% of its shelf space to fresh meats, fruits, and vegetables
- c) a minim distance of 2640 (1/2 mile) from another small box store