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Home My WebLink About10/08/13City of Farmington 430 Third Street Farmington, MN 55024 1. CALL TO ORDER 2. APPROVAL OF MINUTES a) September 10, 2013 Regular Meeting 3. PUBLIC HEARINGS AGENDA PLANNING COMMISSION October 8, 2013 7:00 P.M. CITY COUNCIL CHAMBERS A Proud Past A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers a) An amendment to Section 4 -5 -5 (Residential Performance Standards) and 4 -5 -7 of the City Code related to property maintenance and appeals. Applicant: City of Farmington 430 Third Street Farmington, MN 55024 4. DISCUSSION 5. ADJOURN TO: FROM: Tony Wippler, Assistant City Planner SUBJECT: An amendment to Section 4 -5 -5 (Residential Performance Standards) and 4 -5 -7 of the City Code related to property maintenance and appeals DATE: October 8, 2013 INTRODUCTION Planning Commission Attached, for review, is a proposed ordinance amendment to Sections 4 -5 -5 and 4 -5 -7 of the City Code related to property maintenance and appeals, respectively. DISCUSSION REVIEW City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 Fax 651.280.6899 www.ci.farmington.mn.us As the Commission is aware, this ordinance has been reviewed numerous times, most recently at the regular meeting on September 10, 2013. The Commission was generally satisfied with the content of the ordinance, however, it was decided that the City Council should preview the ordinance prior to holding a public hearing at the Planning Commission so that any changes that the Council would require could be included in the ordinance. The City Council did review and discuss the ordinance on September 16, 2013 and was comfortable with the ordinance provided that the ordinance addresses any new materials for protective coverings that may be developed in the future. Staff believes the attached ordinance does address that concern. The attached draft property maintenance ordinance addresses the exterior appearance of residential structures and provides a mechanism to have non compliant structures brought into compliance. The main components of the proposed ordinance are as follows: Provides a trigger point for noncompliance of 25% for painted areas, missing siding, missing or loose pointing of any brick or stone wall, stucco walls, and roofing. All exterior building structure projects that require a building permit must be completed within six (6) months of building permit issuance; Outlines the duties and powers of the City's Building Official or designee in regards to the enforcement of this ordinance; Establishes a procedural process for notifying the owner of the non compliant structure. Establishes a violation for non compliance. There is an appeal process already in place under Section 4 -5 -7 of the City Code. However, staff is proposing some language changes within this section to specifically point out the property maintenance component. ACTION REQUESTED Recommend approval of the attached ordinance amendment and forward that recommendation on to the City Council. Respectfully submitted, Tony Wippler; Assistant City Planner CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 4 -5 -5 AND 4 -5 -7 OF THE FARMINGTON CITY CODE RELATED TO PROPERTY MAINTENANCE AND APPEALS, RESPECTIVELY THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS: SECTION 1. Sections 4 -5 -5 and 4 -5 -7 of the Farmington City Code, are hereby amended by adding the underlined language and removing the strikethrough language below as follows: 4 -5 -5: RESIDENTIAL PERFORMANCE STANDARDS: (A) Uniform Building Code: All residential units shall meet applicable requirements of the CABO One and Two Family Dwelling Code, 1986 Edition, which has been adopted by reference by the City. (B) Dwelling Unit Restrictions: 1. No garage, tent, accessory building or motor home shall at any time be used as living quarters, either temporarily or permanently. 2. Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling. Energy conserving designs such as earth sheltered housing shall be exempt from this provision. 3. Tents, playhouses or similar structures may be used for play or recreational purposes such as children camping out overnight. 4. The minimum dimension of any part of the basic dwelling shall be twenty two feet (22'). This shall not be construed to prohibit smaller individual room additions or to restrict architectural design flexibility or integrity. 5. All dwelling units shall be designed for placement on permanent foundations complying with the uniform building code'. (C) Accessory Buildings: 1 1. The maximum number of accessory buildings that shall be permitted on each residential lot is as follows: (a) One Acre Or Less: Two (2) accessory buildings. (b) Greater Than One Acre But Less Than Two Acres: Three (3) accessory buildings. (c) Greater Than Two Acres But Less Than Three Acres: Four (4) accessory buildings. (d) Accessory Buildings: All accessory buildings shall comply with lot coverage and size limitation requirements under the city zoning ordinance 2. The same or similar quality exterior building material shall be used in the accessory and principal building. All accessory buildings shall also be compatible with the principal building to the extent that the exterior appearance of the accessory building is not at variance with the principal building from an aesthetic and architectural standpoint. 3. Accessory buildings exceeding one hundred twenty (120) square feet in floor area shall be designed for placement on a permanent foundation complying with the uniform building code. 4. The height of an accessory building shall be measured from the mean ground level to the uppermost point of the roof. Except as expressly permitted by a conditional use permit, accessory buildings shall be limited to twenty feet (20') in height. (Ord. 093 -319, 12 -6 -1993) (D) Property Maintenance Purpose: To ensure that the exterior appearance of residential structures are maintained in an acceptable manner and do not become a chronic nuisance, life safety issue or substantially diminish property values. 1.General Requirements (a) Scope: The provisions of this section shall govern the minimum conditions and the responsibilities of persons for the exterior maintenance of structures. (b) Responsibility: The owner of the premises shall maintain the structures in a safe condition that is in compliance with the requirements of this section. 2.Exterior Building Structure 2 (a) General: The exterior of a building structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. (b) Structure. The foundation, exterior walls, exterior roof, and all appurtenances thereto shall be kept in sound condition and repair. The foundation must adequately support the building at all points. Exterior walls shall be maintained and kept free from decay, dilapidation by cracks, tears or breaks from deteriorated plaster, stucco, brick, wood, vinyl, aluminum and steel siding, or other material that is extensive and shows evidence of neglect. The protective surface on exterior walls of a building above ground level must be maintained and in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the generality of this subdivision, a protective surface of a building shall also be deemed to be out of repair if: The protective surface is paint which is blistered or peeled to an extent of more than twenty -five percent (25 of the area of any place or wall or other area including windows, trims, cornices, railings, and other such areas; More than twenty -five percent (25 of a wall that is protected by vinyl siding, aluminum siding, steel siding or other comparable protective coverings that reveals any part of the underlying structure. More than twenty -five percent (25 of the pointing of any chimney or the pointing of any brick or stone wall is loose or has fallen out; or More than twenty -five percent (25 of the finish coat of a stucco wall is worn through, chipped away, broken, or damaged, revealing the metal lathe or any part of the underlying structure. More than twenty -five percent (25 of the exterior roof is missing shingles or other protective coverings. (c) Completion of Exterior Building Structure Projects: All exterior building structure projects requiring a building permit (including, but not limited to, siding) must be completed and pass inspection by the City's Building Official within six (6) months of building permit issuance. 3.Duties and Powers of the Building Official or designee. (a) General. The Building Official or designee shall enforce the provisions of this section (b) Right of Entry. The Building Official or designee is authorized to enter the premises or structure at reasonable times to inspect subject to constitutional 3 restrictions on unreasonable search and seizures. If entry is refused or not obtained, the Building Official or designee is authorized to pursue recourse as provided by law. (c) Identification. The Building Official or designee shall carry proper identification when inspecting structures in the performance of duties under this section. (d) Notices and Orders. The Building Official or designee shall issue all necessary notices or orders to ensure compliance with this section. (e) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this section, the Building Official or designee shall have the authority to grant modifications for individual cases. The Building Official or designee shall first find that strict compliance with this section imposes an undue hardship on the owner, and that the modification does not lessen the health, aesthetic, life and fire safety requirements. Modifications shall only relate to an extension of time to remedy the violation; no modification from specific code requirements shall be granted. 4. Notice and Orders. (a) Notice to Owner or to Person or Persons Responsible. Whenever the Building Official or designee determines that there has been a violation of this section or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in subsections (b) and (c) of this subsection. (b) Form. Such notice prescribed in subsection (a) of this section shall: 1. Be in writing; 2. Include a description of the real estate sufficient for identification; 3. Include a statement of the violation or violations and why the notice is being issued; and 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the structure into compliance with the provisions of this section. (c) Method of Service. Such notice shall be deemed to be properly served if a copy thereof is; 1. Delivered personally; or 4 2. Sent by certified or first -class mail addressed to the owner at the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy threreof shall be posted in a conspicuous place in or about the structure affected by such notice. (d) Transfer of Ownership. It shall be unlawful for the owner of any structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another unit until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Building Official or designee and shall furnish to the Building Official or designee a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 5. Violation. (a) It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this section. (b) Notice of Violation. The Building Official or designee shall serve a notice of violation or order in accordance with Section 4 -5 -5 (D)4 of this section or as required by State Statute. (c) Prosecution of Violation. If the notice of violation is not complied with, the Building Official or designee shall institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation of the provisions of the section or of the order or direction made pursuant thereto. (d) Violation Penalties. Any person who shall violate a provision of this section, or fail to comply therewith, or with any of the requirements thereof is guilty of a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (e) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting appropriate action to restrain. correct or abate a violation. 5 4 -5 -7: APPEALS: Any person aggrieved by a decision of the building official regarding the use of certain materials or regarding, questions of architectural design or property maintenance as outlined in this chapter shall be entitled to appeal the building official's decision to the zoning officer and, if still aggrieved, he may appeal to the board of adjustment as outlined in section 10 -3 -4 4 of this code. (Ord. 093 -319, 12 -6 -1993; amd. Ord. 002 -469, 2 -19 -2002) SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to law. ADOPTED this day of 2013, by the City Council of the City of Farmington. ATTEST: SEAL CITY OF FARMINGTON By: Todd Larson, Mayor By: David McKnight, City Administrator Approved as to form the day of 2013. By: City Attorney Published in the Farmington Independent the day of 2013. 6