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HomeMy WebLinkAbout03.01.21 Work Session Packet CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 CITY COUNCIL WORK SESSION MEETING AGENDA March 1, 2021 5:00 PM 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Zoning Code Update(100 Minutes) (b) Vita Attiva Development(20 Minutes) (c) Downtown Liquor Store Update(10 Minutes) 4. CITY ADMINISTRATOR UPDATE S. ADJOURN CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington M N.gov J TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Zoning Code Update(100 Minutes) DATE: March 1, 2021 INTRODUCTION With the approval of the 2040 Comprehensive Plan the city must update its zoning code to be in compliance with the Comprehensive Plan. Attached for review, comment and suggestions are portions of the city code related to zoning that are being proposed to be updated to reflect changes that have been identified within the 2040 Comprehensive Plan as well as other planning documents that have been recently approved (i.e., Downtown Redevelopment Plan and the Trunk Highway 3 Corridor Small Area Plan). The attached documents are in draft form and the intent of bringing this information to the City Council and Planning Commission at this work session is to introduce the draft changes and to ensure that both the City Council and Planning Commission are comfortable with the code modifications that are being proposed prior to staff setting the public hearing for the various code amendments and rezonings. The Planning Commission will hold the public hearing regarding the changes and will make a recommendation to the City Council who will take formal and final action on the changes. DISCUSSION Attached to this memorandum please find the following draft amended codes: • Title 10, Chapter 2 DEFINITIONS • Title 10, Chapter 5 DISTRICTS AND DISTRICT PROVISIONS • Title 10, Chapter 5, Section 24 PLANNED UNIT DEVELOPMENT OVERLAY • Title 10, Chapter 5, Section 26 DOWNTOWN COMMERCIAL(DC) OVERLAY DISTRICT • Title 10, Chapter 5, Section 27 HIGHWAY 3 OVERLAY(HWY3-0) DISTRICT • Title 10, Chapter 5, Section 28 SPRUCE STREET OVERLAY(SS-O) DISTRICT • Title 10, Chapter 6, Section 4 OFF STREET PARKI NG • Title 10, Chapter 6, Section 18 SHORELAND MANAGEMENT REGULATIONS Below is an outline of the changes proposed in each of the above referenced zoning code sections: Title 10, Chapter 2 Definitions The residential dwelling definitions have been adjusted to make sure that more housing types were included and that references were the same between the various zoning districts. A couple examples of changes made in this section include changing MULTI PLE—FAMI LY DWELL[NG to APARTMENT DWELLING and adjusting the number of units that would makeup an apartment dwelling from 3 to 5; and adding a definition for TWO—to FOUR-UNIT DWELLINGS. Title 10, Chapter 5 DISTRICTS AND DISTRICT PROVISIONS Chapter 5 of Title 10 lists the various zoning districts that can be found within the city and outlines the purpose, bulk standards (i.e., lot sizes and setbacks), and allowable uses—permitted and conditional for each of these districts. Uses identified as conditional require approval by the Planning Commission after a public hearing is held. There are currently 18 different zoning districts within the city. These zones are: A-1 Agriculture R-1 Low Density Residential R-2 Low/Medium Density Residential R-3 Medium Density Residential R-5 High Density Residential R-T Downtown Transitional Mixed Use R-D Downtown Residential B-1 Highway Business B-2 Downtown Business B-3 Heavy Business B-4 Neighborhood Business SSC Spruce Street Commercial Business/Commercial Flex Mixed Use MUCR Mixed Use Commercial/Residential I P Industrial Park I-11 ndustrial P/OS Parks and Open Space A number of these districts are being proposed to be consolidated. The R-T, B-4, SSC, Mixed Use, and 1-1 are proposed to be repealed with the code update. Some of the more substantial changes proposed to the zoning districts are as follows: The R-T and R-D codes were so similar it was logical to combine them into one zone,that zone being R-D (Downtown Residential). The B-4(Neighborhood Business) district currently consists of five parcels. It is proposed that these properties be rezoned as part of this exercise to the B-3 (General Business) zoning district. The current B- 3 (Heavy Business) zoning district is proposed to be rebranded into the B-3 (General Business)zone and would again combine the properties that are currently zoned B-4 and B-3 into a single zoning district. The purpose statement for the B-3 (General Business) zoning district is "The B-3 General Business District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties." The existing Mixed Use District, which consists of portions of two parcels, is located to the south and southwest of the Vermillion River Crossings development(see attached zoning map). The Mixed Use district and Spruce Street Commercial zone are being proposed to become a part of the existing Mixed- Use Commercial Residential(MUCR) district. The purpose statement of the MUCR district is "to provide a flexible framework for the creation of high quality, comprehensively designed commercial neighborhood development with a multi-family component. A variety of developments are encouraged, with developments designed to promote walking, bicycling and potential transit use." Similar to what is proposed with the R-T and R-D districts,the properties zoned 1-1 and I P will be consolidated into a single zone labeled I (I ndustrial). The purpose statement for the I (I ndustrial) district is "District provides areas for existing and future industrial uses and promotes high quality architecture, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities. This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public rights-of-way." It should also be noted that the existing I ndustrial Park Design Standards as outlined in Title 10, Chapter 6, Section 20 is proposed to be eliminated. The design standards in turn have been placed within the I (I ndustrial) code provisions in Chapter 5 of Title 10. The intent of this particular change is to make the zoning code more user friendly by incorporating multiple provisions/sections into a single provision for easier use. The existing Business/Commercial Flex zone is proposed to be changed to what is proposed as the MUCI —MIXEDUSECOMMERCIAL/INDUSTRIALDISTRICT. The purpose statement for this district is "provides for the development of larger mixed business areas along major roadways, including services, offices, research laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial uses. This district is intended to be flexible to accommodate a mix of non- residential uses and development formats." This district will consist of parcels of land at the northeast, northwest and southeast intersections of Pilot Knob and CSAH 50. Please note that the attached zoning map will also have to be updated to reflect the changes contemplated above. This will require the rezoning of a number of properties. The intent is to do the rezonings in concert with the code updates. Title 10, Chapter 5. Section 24 PLANNED UNIT DEVELOPMENT OVERLAY The changes that are proposed to this portion of the zoning code are intended to simplify and condense this code for easier interpretation and implementation by the development community and city staff. These changes help to clarify and streamline the Planned Unit Development process. The purpose statement for the Planned Unit Development Overlay is intended to result in new development that benefits the city and its residents. The PUD overlay provides a development alternative that allows for greater flexibility and creativity in site and building design than would be possible under the strict application of a zoning district's requirements. This overlay district adopts the underlying zoning district uses. I n return for having greater flexibility in site and building design requirements, a PUD approved under this ordinance shall achieve one or more of the following purposes: 1. Greater utilization of new technologies in building design, construction, and land development. 2. Variety in the organization of site elements, lots sizes, housing types, and land uses. 3. Preservation and enhancement of environmental resources, including flora and fauna,scenic views, screening, access, and open space. 4. More efficient and effective use of land, and public infrastructure to support higher-quality development at a lesser cost. 5. Establishment of recreational, public, and open spaces which may be more useable, more suitably located, and higher quality than would be provided under development standards. 6. Increased environmental sustainability in the development of land, building construction, and building operations. 7. Higher level of integration of pedestrian and bicycle facilities to and within a PU D. 8. An increase in the supply of low-income and moderate-income housing. Title 10, Chapter 5, Section 26 DOWNTOWN COMMERCIAL (DC) OVERLAY DISTRICT The changes proposed within this section of the zoning code are largely non-substantial and are for clarification purposes only. One area of change to note is the addition of apartments and mixed apartment/commercial structures (mixed use buildings) as needing to meet the requirements and standards of this overlay district. One and two-family residences,twinhomes and townshomes are exempt from meeting the standards. Title 10, Chapter 5, Section 27 HIGHWAY 3 OVERLAY(HWY3-0) DISTRICT This section is a new overlay district for the Highway 3 corridor as defined with a northern limit of Vermillion River Trail (CR 66), and a southern limit of 225th Street W, and extending one block east to 7th Street and one block west of Highway 3 to 9th Street. A recommendation came out of the Trunk Highway 3 Corridor Plan that was approved by the City Council on June 3, 2019 to establish an overlay district for this corridor. The overlay district outlines building materials and design standards for certain project types within the corridor, such as acceptable building materials, amount of transparent glass on street facades. The overlay district also addresses signage and exterior commercial lighting standards. Title 10 Chapter 5, Section 28 SPRUCE STREET OVERLAY(SS-0) DISTRICT This existing Design Standards for Spruce Street Commercial, Mixed Use and Business/Flex Zoning Districts (Section 10-6-1 of zoning code) is proposed to be converted into the Spruce Street Overlay District. The boundary of this district is proposed to be northern limit of CSAH 50, a southern limit of Spruce Street(including mixed use zoning districts south of Spruce Street), an eastern limit of the Vermillion River Corridor, and a western limit of Pilot Knob Road. This proposed overlay district outlines the applicability of the standards identified in the overlay; provides specific design standards for such things as sidewalks, lighting, required amenities; provides for building architectural standards such as exterior building materials,facade design, awnings/canopies Title 10, Chapter 6. Section 4 OFF STREET PARKI NG Most of the text changes shown on the attached Section 10-6-4 are format or location related changes within the section itself. Some of the more substantive changes in this section involve the required parking spaces based on uses;some of the more pertinent examples are: • Auto Sales: 1 space per 1,000 square feet of gross floor area for indoor display area • Bed and Breakfast: 1 per room plus 1 per employee at maximum shift • Brewery, Small Brewery, Distillery, Microdistillery,with or without Cocktail Room or Taproom: 1 space per 1,500 square feet of manufacturing,fabrication, processing, or warehousing area. Plus 1 space per 200 square feet of taproom or cocktail room floor area. • Grocery Stores: at least 1 off-street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet. At least 1 off street parking space for each 300 square feet of floor area in a building that has more than 30,000 square feet. • Non-profit recreational, cultural/entertainment: 1 per 4 customers to a maximum seating capacity. • Research Facility: 1 per 600 square feet. • Apartment Dwellings: 1.5 per dwelling unit(current code requires 2.5 per dwelling unit for multi- family dwellings). • Senior Care Facilities: 1 per 3 beds plus 1 for each 3 employees on maximum work shift. • Sexually Oriented Business: 1 per 200 square feet. • Supply Yards: 1 per employee at the largest shift. Title 10, Chapter 6, Section 18 SHORELAND MANAGEMENT REGULATIONS This section of code is being updated to align the city code with the Minnesota DNR model ordinance. The most substantive changes to point out with this proposed amendment is in regards to Special Provisions for Planned Unit Developments (PUDs). This is new language added to the Section and outlines the following: • Processing PUDs in the shoreland • Density Determination for PUDs in the shoreland • Design criteria for PUDs in the shoreland ACTION REQUESTED Review and Comment on the proposed changes outlined in this memorandum and in the various attachments provided. ATTACHMENTS: Type Description ❑ Backup Material Zoning Map ❑ Backup Material Title 10, Chapter 2 Definitions ❑ Backup Material Title 10, Chapter 5 Districts and District Provisions ❑ Backup Material Title 10, Chapter 5, Section 24 Planned Unit Development Overlay ❑ Backup Material Title 10, Chapter 5, Section 26 Downtown Commercial Overlay District ❑ Backup Material Title 10, Chapter 5, Section 27 Highway 3 Overlay District ❑ Backup Material Title 10, Chapter 5, Section 28 Spruce Street Overlay District ❑ Backup Material Title 10, Chapter 6, Section 4 Off Street Parking ❑ Backup Material Title 10, Chapter 6, Section 18 Shoreland Management Regulations Farmington Zoning Map ------------- _ t IT=IMwN(yj . 411 ca 7-1 a L 64 LI . _ OPP IF�� 7iT 7j 74 50 ff'� H' N WEAM A Zoning Districts A-1 (Agriculture) Parks and Open Space ® Farmington Boundary B-1 (Highway Business) R-1 (Low Residential-1.0-3.5 du/ac) Open Water - B-2(Downtown Business) R-2(Low/Medium Residential-3.5-6.0 du/ac) - B-3(Heavy Business) R-3(Medium Density Residential-6.0-12.0 du/ac) - B-4(Neighborhood Business) R-5(High Density Residential(12.0+du/ac) - Business/Commercial Flex R-D(Downtown Residential) 1-1 (Industrial) ® R-T(Downtown Transitional Mixed Use) - IP(Industrial Park) SCC(Spruce Street Commerical) - Mixed Use - Mixed Use Commerical/Residential Zoning Map Data Cun,enl As Of Jan.4,2021. TITLE 10 Zoning Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS DWELLING:A building or portion thereof designed or used exclusively for residential occupancy, including one-fam4yhousehold,two-4ami4yhousehold and multiple-famAy-household dwelling units,but not including hotels,motels,boarding or lodging houses. DWELLING,MI-I LTIP1 G_roneii vAPARTMENT:A dwelling or group of dwellings on one lot containing separate units for three five(53)or more farndieshouseholds,having separate or joint entrances,and including apartments row he,isps andstacked condominiums. DWELLING,QUAD:A building containing four(4)attached dwelling units,back to back,that share common walls at the lot line and that are on separate lots. DWELLING,SINGLE-reel„�cru 'UNIT,DETACHED:A detached housing unit containing a single principal dwelling unit. DWELLING,TOWNHOUSE:Single-faaaity attached units in structures heusiagwith three(3)or more contiguous dwellings,sharing a common wall,each having separate front and rear entrances;the structures are a row type house as distinguished from multiple dwelling buildings;not to exceed sixteen (16)units in each structure. DWELLING,TWIN HOME:A building containing two(2)attached dwelling units,side by side,that share common walls at the lot line and that are on separate lots. DWELLING,TWO-to FOUR-UNIT:A building containing two(2)to four(4)principal dwelling units on the same parcel;commonly referred to as Duplex,Triplex,and Fourplex DWELLING SITE:A designated location for residential use by one or more persons using temporary or movable shelter,including camping and recreational vehicle sites. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-1 ZONING MAP: TITLE 10 Zoning Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-1 ZONING MAP: A map entitled zoning map, city of Farmington, is hereby adopted as part of this title. All notations, references and data shown thereon are hereby incorporated by reference into this title. It remains on file at the office of the zoning officer. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It shall be the duty of the city planner to maintain said map, and all amendments thereto shall be recorded within ninety (90) days of official publication. Explanatory material for the zoning map includes the "Flood Insurance Study For Dakota County, Minnesota And Incorporated Areas" prepared by the federal emergency management agency dated December 2, 2011, and the flood insurance rate map panels therein as adopted by reference in subsection 10-5- 25(D)1 of this chapter. This material is hereby adopted by reference, declared to be a part of this title and on file and available for inspection at the office of the zoning officer. (Ord. 011-640, 11-7-2011) 10-5-2 ZONING DISTRICTS: The city is divided into the districts shown by the district boundaries on the zoning map. The districts are: A-1 Agriculture R-1 Low density residential R-2 Low/medium density residential R-3 Medium density residential R-4 High density residential R-D Downtown residential B-1 Highway business B-2 Downtown business B-3 General business MUCI Mixed use commercial/industrial MUCR Mixed use commercial/residential I Industrial P/OS Parks and open space Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-3 DISTRICT BOUNDARIES: (Ord. 002-469, 2-19-2002; amd. Ord. 002-472, 5-6-2002; Ord. 003-498, 9-15-2003; Ord. 005-526, 3-21- 2005; Ord. 009-613, 10-19-2009; Ord. 009-614, 10-19-2009) 10-5-3 DISTRICT BOUNDARIES: (A) District boundaries shown within the lines of the roads, streams and transportation rights of way shall be deemed to follow the centerlines. The vacation of roads shall not affect the location of such district boundaries. When the zoning officer cannot definitely determine the location of a district boundary by such centerlines, by the scale or dimensions stated on the zoning map or by the fact that it clearly coincides with a property line, he shall refuse action and the Board of Adjustment, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant provisions of this title. (B) Where a district boundary line divides a lot of record into two (2) or more districts, any portion of the lot within fifty feet(50') of such division may be used for any use of either district as approved by the Board of Adjustment. (Ord. 002-469, 2-19-2002) 10-5-4 DISTRICT REQUIREMENTS: Except for planned unit developments, all buildings and uses in each district shall be subject to the requirements listed under chapters 3 through 6 of this title. Planned unit development standards may be applied to any residential district at the request of the landowner and at the discretion of the City Council. Where planned unit development standards differ from the original district standards, the planned unit development standards shall apply. (Ord. 002-469, 2-19-2002) 10-5-5 A-1 AGRICULTURE DISTRICT: (A) Purpose: The A-1 Agriculture District is intended to preserve the City's agricultural uses in order to protect farms, to maintain the City's small town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended. (B) Bulk Standards: 1. Minimum Standards: Lot area 40 acres Lot width 150 feet Front yard setback 50 feet Side yard setback 20 feet Rear yard setback 20 feet Height(maximum) 35 feet All standards are minimum requirements unless noted. 2. Accessory Structure Standards: Front yard setback 50 feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-5 A-1 AGRICULTURE DISTRICT.- Side yard setback 20 feet Rear yard setback 20 feet All standards are minimum requirements unless noted. 3. Additional Accessory Use Standards: (a) Feedlots, fenced runs, pens and similar intensively used facilities for animal raising a I rid care shall not be located within three hundred feet(300') of a neighboring property. (b) Roadside stands used exclusively for the sale of locally grown agricultural products shall be permitted if: (1) hey are erected at least fifty feet(50') from the nearest edge of roadway s rface. (2) arking space is provided off the road right-of-way. (Ord. 002-469, 2-19- 2 02) (C) Uses: 1. Permitted: (a) Agriculture. (b) Dwellings, single-unit detached (c) Greenhouses and nurseries, commercial. (d) Public parks and playgrounds. (e) Recreational vehicle storage facilities. (f) Seasonal produce stands. (g) Speciali ed animal raising facilities. 2. Conditional: (a) Agricultu al services. (b) Cemeter es. (c) Commercial recreational uses. (d) Commu ity solar gardens. (e) Equipment maintenance and storage facilities. (f) Feedlots (g) Golf courses. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT: (h) Mineral extraction. (i) Places of worship 0) Public and parochial schools. (k) Public buildings and facilities. (1) Public utility buildings. (m) Stables and riding academies. (n) Towers. 3. Accessory: (a) Accessory apartment. (b) Accessory structures. (c) Daycare facilities, in home. (d) Home occupations. (e) Kennels, residential hobby. (f) Solar energy systems. 4. Interim: (a) Soil pulverizing operation. (Ord. 018-737, 3-19-2018) 10-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-1 Low Density Residential District provides for low density residential development with single-unit detached dwellings on larger lots. (B) Bulk Standards: 1. Standards: Lot area: Single-unit, detached 10,000 square feet Other 17,000 square feet Lot width 75 feet Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT.- Height(maximum 35 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages: Lots up to 0.5 acre Lesser of 1,000 square feet or square feet of principal structure Lots 0.5 to 1 acre Lesser of 1,250 square feet or square feet of principal structure Lots 1.0 acre + Lesser of 1,500 square feet or square feet of principal structure Storage shed 240 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback 6 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50')from the planned right of way line. (C) Uses: 1. Permitted: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT. (a) Agriculture. (b) Dwellings, single-unit detached (c) Group daycare, twelve (12) or fewer persons. (d) Group home, six(6) or fewer persons. (e) Manufactured home (f) Public parks and playgrounds. (Ord. 002-469, 2-19-2002) 2. Conditional: (a) Bed and breakfast. (b) Cemeteries. (c) Golf courses. (d) Limited commercial venture. (e) Places of worship (f) Public and parochial schools. (g) Public buildings. (h) Public utility buildings. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory structures. (b) Daycare facilities, in home. (c) Home occupations. (d) Solar energy systems. (Ord. 002-469, 2-19-2002) 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-2 Low/Medium Density Residential District provides for a mix of low and medium density residential development including single-family and two-family dwellings on smaller lots. (B) Bulk Standards: 1. Standards: Lot area: Single-unit, detached 6,000 square feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT.- Twin home 5,500 square feet per unit Two-unit 11,000 square feet (5,500 square feet per unit) Other 11,000 square feet Lot width*: Single-unit, detached 60 feet Twin home 37.5 feet Two-unit 75 feet Other 75 feet Front yard setback 20 feet Side yard setback 6 feet (or 0 feet for shared wall) Rear yard setback With alley 10 feet Without alley 6 feet Height (maximum) 35 feet Maximum impervious coverage TBD *Corner lots shall have a minimum lot width of the standard listed plus the front yard setback All standards are minimum requirements unless noted. (Ord. 012-650, 10-15-2012) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages: Lots up to 0.5 acre Lesser of 1,000 square feet or square feet of principal structure Lots 0.5 to 1 acre Lesser of 1,250 square feet or square feet of principal structure Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT.- Lots 1.0 acre + Lesser of 1,500 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback With alley 10 feet Without alley 3 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50')from the planned right of way line. (C) Uses: 1. Permitted: (a) Dwellings, single-unit detached. (b) Dwellings, twin home. (c) Dwellings, two-unit. (d) Group daycare, twelve (12) or fewer persons. (e) Group home, six(6) or fewer persons. (f) Manufactured home (g) Public parks and playgrounds. (Ord. 012-650, 10-15-2012) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT- 2. ISTRICT2. Conditional: (a) (b) Bed and breakfast. (c) Cemeteries. (d) Clinics. (e) Funeral homes. (f) Group homes, commercial. (g) Hospitals. (h) Limited commercial venture. (i) Places of worship Q) Public and parochial schools. (k) Public buildings. (1) Public utility buildings. (m) Senior care facilities (Ord. 012-650, 10-15-2012; amd. Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory apartment. (b) Accessory structures. (c) Daycare facilities, in home. (d) Home occupations. (e) Solar energy systems. (Ord. 012-650, 10-15-2012) 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-3 Medium Density Residential District provides for medium density residential development with attached housing types in areas with convenient access to jobs, services, public facilities and transit. (B) Bulk Standards: 1. Standards: Lot area: Twin home, Two-to Four- 5,500 square feet units, and Quad dwellings per unit Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT.- Townhouse 3,000 square feet per unit Other 17,000 square feet Lot width*: Twin home, Two-to Four- 37.5 feet per unit units, and Quad dwellings Townhouse 24 feet per unit Other Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Height(maximum) 45 feet Maximum impervious coverage TBD *Corner lots shall have a minimum lot width of the standard listed plus the front yard setback All standards are minimum requirements unless noted. (Ord. 012-651, 10-15-2012) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT.- Side yard setback 6 feet Rear yard setback 3 feet Height (maximum) storage shed 12 feet Height (maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50')from the planned right of way line. (C) Uses: 1. Permitted: (a) Dwellings, quad (b) Dwellings, townhouse. (c) Dwellings, twin home. (d) Dwellings, two-unit to four-unit (e) Group daycare, twelve (12) or less persons. (f) Group home, six (6) or less persons. (g) Public parks and playgrounds. (Ord. 012-651, 10-15-2012) 2. Conditional: (a) Group daycare, thirteen (13) to sixteen (16) persons. (b) Group home, seven (7) to sixteen (16) persons. (c) Group homes, commercial. (d) Limited commercial venture. (e) Places of worship (f) Public and parochial schools. (g) Public buildings. (h) Public utility buildings. (i) Senior care facility (Ord. 012-651, 10-15-2012; amd. Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory structures. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 (b) Daycare facilities, in home. (c) Home occupations. (d) Solar energy systems. (Ord. 012-651, 10-15-2012) 10-5-9 R-4 HIGH DENSITY RESIDENTIAL DISTRICT: (A) Purpose: The R-4 High Density Residential District provides for high density residential development with attached and multiple-unit housing types in areas with convenient access to jobs, services, public facilities and transit. (B) Bulk Standards: 1. Standards: Lot area Townhouse &Three-to 2,400 square feet per Four-Unit dwelling unit Apartment 1,100 square feet per unit Other 40,000 square feet Lot width Townhouse &Three-to 24 feet per unit Four-Unit dwelling Apartment 100 feet Other 100 feet Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Height (maximum) 45 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-9 R-4 HIGH DENSITY RESIDENTIAL DISTRICT. Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 6 feet Rear yard setback 6 feet Height(maximum) storage shed 12 feet Height (maximum) detached 20 feet garage Al standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) 3. Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50')from the planned right of way line. (C) Uses: 1. Permitted: (a) Dwellings, apartment. (b) Dwellings, quad (c) Dwellings, townhouse (d) Group daycare, twelve (12) or less persons. (e) Group home, six (6) or less persons. (f) Public parks and playgrounds. (Ord. 002-469, 2-19-2002) 2. Conditional: (a) Child daycare center, commercial. (b) Clinics. (c) Clubs. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 (d) Funeral homes. (e) Group daycare, thirteen (13)to sixteen (16) persons. (f) Group home, seven (7) to sixteen (16) persons. (g) Group homes, commercial. (h) Hospitals. (i) Limited commercial venture. Q) Places of worship (k) Public and parochial schools. (1) Public buildings. (m) Public utility buildings. (n) Senior care facility (Ord. 002-469, 2-19-2002; amd. Ord. 003-484, 1-21-2003; Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory apartment. (b) Accessory structures. (c) Daycare facilities, in home. (d) Home occupations. (e) Solar energy systems. (Ord. 002-469, 2-19-2002) 10-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT: (A) Purpose: The R-D Downtown Residential District recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The R-D district is intended to accommodate existing single-unit, two-unit and multi-unit residential development and promote infill development and redevelopment with a mix of housing types in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use through mixed uses. (B) Bulk And Density Standards: 1. Standards: Lot area: Single-unit, detached 6,000 square feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT.- Twin home, Two- to Four- 5,500 square feet units, and Quad dwellings per unit Townhouse 2,400 square feet per unit Apartment 1,100 square feet per unit Other 11,000 square feet Lot width: Single-unit, detached 60 feet Twin home, Two-to Four- 37.5 feet per unit units, and Quad dwellings Townhouse 24 feet per unit Apartment 60 feet Other 75 feet Front yard setback 20 feet Side yard setback 6 feet Rear yard setback With alley 10 feet Without alley 6 feet Height (maximum) 35 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009) 2. Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT.- Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 3 feet Rear yard setback With alley 10 feet Without alley 3 feet Height (maximum) storage shed 12 feet Height(maximum) detached 20 feet garage All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015) (C) Uses: 1. Permitted: (a) Dwellings, single-unit detached. (b) Dwellings, twin home. (c) Dwellings, two-unit. (d) Group daycare, twelve (12) or less persons. (e) Group home, six (6) or less persons. (f) Manufactured home (g) Public parks and playgrounds. (Ord. 002-469, 2-19-2002) 2. Conditional: (a) Bed and breakfast. (b) Clinics. (c) Clubs. (d) Dwellings, apartment. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-11 B-1 HIGHWAY BUSINESS DISTRICT. (e) Dwellings, quad. (f) Dwellings, townhouse. (g) Group daycare, thirteen (13) to sixteen (16) persons. (h) Limited commercial venture. (i) Offices. Q) Places of worship (k) Public buildings. (1) Public utility buildings. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord. 014-669, 9-2-2014) 3. Accessory: (a) Accessory structures. (b) Daycare facilities, in home. (c) Home occupations. (d) Solar energy systems. (Ord. 002-469, 2-19-2002) 10-5-11 B-1 HIGHWAY BUSINESS DISTRICT: (A) Purpose: The B-1 Highway Business District is intended to provide nodes of commercial uses along major roadways that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. (B) Bulk Standards: 1. Minimum Standards: Lot area 10,000 square feet Lot width 75 feet Front yard setback 30 feet Side yard setback 10 feet Rear yard setback 10 feet Minimum side and rear yard abutting any residential district: Off street parking and 10 feet access drives Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-11 B-1 HIGHWAY BUSINESS DISTRICT. Public and semipublic 35 feet buildings Recreational, 50 feet entertainment, commercial and industrial uses Height (maximum 35 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. (Ord. 015-706, 10-19-2015) (C) Uses: 1. Permitted: (a) Animal clinics. (b) Clinics. (c) Clubs. (d) Coffee shops. (e) Commercial services (f) Commercial recreational uses. (g) Convenience store, without gas. (h) Data centers. (i) Health clubs. Q) Hotels. (k) Motels. (1) Offices. (m) Personal and professional services. (n) Personal health and beauty services. (o) Recreation equipment sales/service/repair. (p) Restaurants, Class I, traditional. (q) Retail facilities. (r) 2. Conditional: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT. (a) Auction houses. (b) Auto sales. (c) Brewpubs. (d) Car washes. (e) Child daycare center, commercial. (f) Convenience store, with gas. (g) Dental laboratories. (h) Grocery stores. (i) Group daycare centers, commercial. Q) Hospitals. (k) Kennels, commercial. (1) Outdoor sales. (m) Public buildings. (n) Public utility buildings. (o) Restaurants, Class ll, fast food, convenience. (p) Restaurants, Class III, with liquor service. (q) Restaurants, Class IV, non intoxicating. (r) Senior care facility (s) Solar energy systems. (t) Supply yards. (u) Theaters. (v) Wholesale businesses. 3. Accessory: (a) Parking lots. (b) Sexually oriented businesses- accessory. (Ord. 018-737, 3-19-2018) 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT: (A) Purpose: The B-2 Downtown Business District identifies a variety of general commercial and higher density residential uses for the downtown area in order to expand and strengthen the downtown as the primary commercial district for the city, create a pedestrian friendly downtown, and promote the city as a cultural center. Objectives of this district are to preserve historical Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT.- buildings, require high design standards, and provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and accessible to area residents. (B) Bulk Standards: 1. Minimum Standards: Lot area None Lot width None Front yard setback 0 feet Side yard setback 0 feet Rear yard setback 0 feet Height (maximum) 45 feet Maximum impervious coverage of 100 percent All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Animal clinics. (b) Breweries. (c) Clinics. (d) Clubs. (e) Coffee shops. (f) Commercial recreational uses. (g) Commercial services. (h) Distilleries. (i) Microdistilleries. 0) Neighborhood services. (k) Nonprofit recreational, cultural and entertainment uses. (1) Offices. (m) Personal and professional services. (n) Personal health and beauty services. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT.- (o) Public buildings. (p) Recreation equipment sales/service/repair. (q) Restaurants, class I, traditional. (r) Retail facilities. (s) Small breweries. 2. Conditional: (a) Auto repair, major. (b) Auto repair, minor. (c) Bed and breakfast. (d) Brewpubs. (e) Child daycare center, commercial. (f) Convenience store, with gas. (g) Dental laboratories. (h) Dwellings, apartment (i) Dwellings, apartment/commercial Q) Funeral homes. (k) Grocery stores. (1) Hotels. (m) Mixed use building. (n) Motels. (o) (p) Outdoor sales. (q) Places of worship (r) Public and parochial schools. (s) Public utility buildings. (t) Restaurants, Class 11, fast food, convenience. (u) Restaurants, Class III, with liquor service. (v) Restaurants, Class IV, non intoxicating. (w) Solar energy systems. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-13 B-3 GENERAL BUSINESS DISTRICT. (x) Theaters. 3. Accessory: (a) Parking lots. (b) Cocktail rooms as accessory to a microdistillery. (c) Sexually oriented businesses- accessory. (d) Taprooms as accessory to a brewery or small brewery. (e) (Ord. 017-724, 4-17-2017) 10-5-13 B-3 GENERAL BUSINESS DISTRICT: (A) Purpose: The B-3 General Business District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties. (B) Bulk Standards: 1. Minimum Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Minimum side and rear yard abutting any residential district: Off street parking and 10 feet access drives Public and semipublic 35 feet buildings Recreational, 50 feet entertainment, commercial and industrial uses Height (maximum 45 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. (Ord. 017-725, 4-17-2017) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-13 B-3 GENERAL BUSINESS DISTRICT.- (C) ISTRICT.(C) Uses: 1. Permitted: (a) Animal clinics. (b) Auto repair, minor. (c) Auto sales. (d) Breweries. (e) Commercial services. (f) Convenience store without gas. (g) Data centers. (h) Distilleries. (i) Light manufacturing facilities. (j) Mechanical sales, service and repair. (k) Microdistilleries. (1) Offices. (m) Public buildings. (n) Restaurants, Class I, traditional. (o) Retail facilities, greater than three thousand (3,000) square feet. (p) Sexually oriented businesses- accessory. (q) Small breweries. (r) Supply yards. (s) Truck terminals. (t) Wholesale businesses. 2. Conditional: (a) Auto repair, major. (b) Car washes. (c) Cocktail rooms as accessory to a microdistillery. (d) Convenience store with gas. (e) Greenhouses and nurseries, commercial. (f) Group daycare center, commercial. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 (g) Home and trailer sales/display. (h) Impound lot. (i) Kennels, commercial. Q) Manufacturing facilities. (k) Mini-storage units. (1) Outdoor sales. (m) Petroleum bulk storage. (n) Public utility buildings. (o) Recreational vehicle storage facilities. (p) Solar energy systems. (q) Taprooms as accessory to a brewery or small brewery. (r) Warehousing facilities. 3. Accessory: (a) Parking lots. (Ord. 018-737, 3-19-2018) 10-5-14 MUCI —MIXED USE COMMERCIAL / INDUSTRIAL DISTRICT: (A) Purpose: The MUCI Mixed Use Commercial/Industrial District provides for the development larger mixed business areas along major roadways, including services, offices, research laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development formats. (B) Bulk Standards: Lot area 1 acre Lot width 100 feet Front yard setback No requirement Side yard setback No requirement Rear yard setback 20 feet Height(maximum) 40 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 (C) Uses: 1. Permitted: (a) Child daycare facility, commercial. (b) Commercial recreation, indoor. (c) Data centers. (d) Health clubs. (e) Hotels. (f) Offices. (g) Research laboratories. (h) Restaurants, class I, traditional. (i) Retail sales and services. 0) Warehousing facilities. 2. Conditional: (a) Brewpubs. (b) Convenience store, with gas. (c) Dental laboratories. (d) Grocery stores. (e) Hotels and motels. (f) Public utility buildings. (g) Restaurants, class II, fast food, convenience. (h) Restaurants, class III, with liquor service. (i) Theaters. 3. Accessory: (a) Parking lots. 4. Interim: (a) Mineral extraction. (Ord. 015-712, 12-21-2015) 10-5-15 MUCK MIXED USE COMMERCIAL I RESIDENTIAL DISTRICT: (A) Purpose: The MUCR Mixed Use Commercial / Residential District is established to provide a flexible framework for the creation of high quality, comprehensively designed commercial Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-15 MUCR MIXED USE COMMERCIAL/RESIDENTIAL DISTRICT.- neighborhood development with a multiple-family component. A variety of developments are encouraged, with developments designed to promote walking, bicycling and potential transit use. (B) Bulk And Density Standards: 1. Standards: Lot area 5,000 square feet Lot width 50 feet Front yard setback 0 feet Side yard setback 0 feet Rear yard setback 0 feet Structure setback from TH 3 right of 30 feet way Structure setback from CR 64 right of 30 feet way Height(maximum) 45 feet Maximum impervious coverage 100 percent All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Coffee shops. (b) Neighborhood services. (c) Nonprofit recreational, cultural and entertainment uses. (d) Offices. (e) Personal and professional services, less than 3,000 square feet. (f) Personal health and beauty services, less than 3,000 square feet. (g) Restaurants, class I, traditional. (h) Restaurants, Class IV, nonintoxicating. (i) Retail sales and services, less than three thousand (3,000) square feet. 2. Conditional: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-161 INDUSTRIAL DISTRICT. (a) Animal clinics. (b) Brewpubs. (c) Child daycare facilities, commercial. (d) Churches. (e) Clinics. (f) Convenience store, with gas. (g) Dwellings,apartment. (h) Funeral homes. (i) Grocery Stores. Q) Health clubs. (k) Hotels. (1) Mixed use building. (m) Personal and professional services, greater than three thousand (3,000) square feet. (n) Personal health and beauty services, greater than three thousand (3,000) square feet. (o) Public utility buildings. (p) Restaurants, Class 11, fast food, convenience. (q) Restaurants, Class III, with liquor service. (r) Retail sales and services, greater than three thousand (3,000) square feet. 3. Accessory: (a) Parking lots. (Ord. 015-712, 12-21-2015) 10-5-16 1 INDUSTRIAL DISTRICT: (A) Purpose: The I Industrial District provides areas for existing and future industrial uses and promotes high quality architectural, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities. This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public right-of-ways. (B) Lot and Building Standards: 1. Principal Use Dimensional Standards: Lot area 40,000 square feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-161 INDUSTRIAL DISTRICT.- Lot ISTRICT.Lot width 150 feet Front yard setback 50 feet Side yard setback 25 feet If two (2) or more industrial lots are 0 feet developed as one site, the interior common lot line shall be ignored. Rear yard setback 25 feet Minimum side and rear yard abutting any residential district: Off street parking and 10 feet access drives Public and semipublic 35 feet buildings Recreational, 50 feet entertainment, commercial and industrial uses Height (maximum) 45 feet Maximum impervious coverage TBD All standards are minimum requirements unless noted. (Ord. 015-711, 12-21-2015) 2. Accessory Use Dimensional Standards: (a) Outdoor storage areas shall not encroach into a required front yard setback or on a corner lot within the side yard setback area. 3. Building Design Standards: (a) Applicability: All new construction, renovations or additions of existing industrial buildings. Exempt projects are those industrial buildings comprised of any of the following project types: (1) Interior remodels; (2) Buildings being entirely used as residential; (3) Normal or routine maintenance and repair of existing structures; (4) Any type of construction that does not require a building permit. (b) Process: Building design standards will be administered through the site plan process in section 10-6-23 of this chapter. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-161 INDUSTRIAL DISTRICT., (c) Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or more of the following materials and shall receive prior approval of the city: (1) Brick: Size, type, texture, color and placement shall be approved. (2) Stone: Stone shall have a weathered face or shall be polished, fluted or broken face. (3) Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated or veneered and approved by the city. There shall be no exposed concrete block on the exterior of any building unless approved by the city. (4) Concrete: Concrete may be poured in place, tilt-up or precast; and shall be finished in stone, brick, textured or coated, with a minimum life expectancy of ten (10) years. (d) Alternate Materials: Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed fifty percent (50%) of the exterior wall surface area of each building and the pre-engineered metal shall only be installed on the upper half portion of the building. Other conditions are as follows: (1) Used for housing or screening equipment necessary to the manufacturing operations; (2) Architecturally compatible with the building as a whole as determined by the city planning division; (3) Compliance with any additional screening and/or landscaping requirements of the city; and (4) Modifications are made with prior written approval of the city planning division. (e) Alterations to Buildings: Any alterations to buildings shall meet all requirements of this chapter. (f) Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the city prior to construction or alteration. (g) Loading Docks: The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The architectural design shall be continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses that abut County Highway 50 and/or County Highway 31 shall not construct loading docks that front these roadways. (C) Uses: 1. Permitted: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-161 INDUSTRIAL DISTRICT.- (a) ISTRICT.(a) Breweries. (b) Data centers. (c) Distilleries. (d) Light manufacturing facilities. (e) Microdistilleries. (f) Office showroom. (g) Office warehouse. (h) Research facilities. (i) Small breweries. Q) Warehousing facilities. 2. Conditional: (a) Bus terminal. (b) Child daycare facilities, commercial. (c) Cocktail rooms as accessory to a microdistillery. (d) Commercial recreational uses. (e) Food processing facilities. (f) Kennels, commercial. (g) Manufacturing facilities. (h) Public utility buildings. (i) Recycling facilities. 0) Taprooms as accessory to a brewery or small brewery. (k) Truck terminal. (1) Warehouse retail. 3. Accessory: (a) Parking lots. 4. Interim: (a) Mineral extraction. (Ord. 018-737, 3-19-2018) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 10-5-17 10-5-17 P/OS PARKS AND OPEN SPACE DISTRICT: (A) Purpose: The P/OS Parks and Open Space District provides recreational and leisure opportunities through publicly owned land and recognizes vital environmental resources including steep slopes, wetlands, and floodplains. (B) Bulk Standards: Lot area No requirement Lot width No requirement Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Height(maximum) 35 feet All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Agriculture. (b) Golf courses. (c) Noncommercial nursery. (d) Parking lots. (e) Public buildings. (f) Public gardens. (g) Public parks and playgrounds. (h) Public utility buildings. 2. Conditional: (a) Wildlife feeding station. (Ord. 002-472, 5-6-2002; amd. Ord. 003-498, 9-15-2003) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- TITLE 10 Zoning Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY: (A) Intent and Purposes: The planned unit development (PUD) overlay district is intended to result in new development that benefits the city and its residents. The PUD overlay provides a development alternative that allows for greater flexibility and creativity in site and building design than would be possible under the strict application of a zoning district's requirements. This overlay district adopts the underlying zoning district uses. In return for having greater flexibility in site and building design requirements, a PUD approved under this ordinance shall achieve one or more of the following purposes: 1. Greater utilization of new technologies in building design, construction, and land development. 2. Variety in the organization of site elements, lot sizes, housing types, and land uses. 3. Preservation and enhancement of environmental resources, including flora and fauna, scenic views, screening, access, and open space. 4. More efficient and effective use of land and public infrastructure to support higher quality development at a lesser cost. 5. Establishment of recreational, public, and open spaces which may be more useable, more suitably located, and higher quality than would be provided under development standards. 6. Increased environmental sustainability in the development of land, building construction, and building operations. 7. Higher level of integration of pedestrian and bicycle facilities to and within a PUD. 8. An increase in the supply of low-income and moderate-income housing. (B) General Standards: 1. Minimum Land Area: The proposed planned unit development must be comprised of at least five (5) acres of contiguous land. 2. Sewer and Water Service: All PUDs shall have municipal sewer and water service available. 3. Under Unified Control: The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- 4. Permitted Uses: Allowed uses are only those permitted in the underlying zoning district in which the planned unit development is located; a PUD does not provide flexibility in allowed uses. 5. Density: The number of dwelling units proposed for a PUD shall not exceed the number of dwelling units permitted by the underlying zoning district in which the development is located. 6. Number of Buildings per Lot: More than one building may be placed on a single platted lot in a PUD. 7. Building Permit: No building permit shall be granted for any building on land for which a plan for a PUD has not been finally approved by the city council. 8. Staging Of Development: (a) Any PUD plan proposed to be constructed in stages shall include full details relating thereto and the city council may approve or modify, where necessary, any such proposals. (b) The staging shall include the timing for beginning and completion of each stage. Such timing may be modified by the city council on the showing of good cause by the developer. 9. Streets, Utilities, and Services: The uniqueness of each PUD proposal requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction. (a) The city council may therefore waive or modify the specifications or standards where it is found that they are not required in the interest of the residents of the entire city. (b) The plans and profiles of all streets, utilities and services shall be reviewed, modified, if necessary, and approved by the city engineer. (C) Approval Criteria: 1. Consistent With Comprehensive Plan: The development shall be planned so that it is consistent with the Farmington comprehensive plan. 2. Compatibility with Existing Development: The planned unit development proposal must harmonize with existing development in the area surrounding the project site. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and council. 3. Preservation of Natural Amenities: A primary function of the PUD overlay is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY: the recognition of this objective will be a basic consideration in granting approval or denial. 4. Open Space Uses: Land for private or public open space use protected by covenants running with the land or by conveyances or dedicated as the planning commission may specify shall be an integral part of the plan. Such open space areas shall conform to land area requirements of the subdivision ordinance, and shall not include land devoted to streets, parking and private yards. (D) Procedure: 1. Pre-application Conference: Before submitting an application for a planned unit development, an applicant may confer with the planning staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data. A checklist will be provided to the prospective applicant as an indication of the written and graphic materials required for PUD consideration. 2. Schematic Plan: (a) Submittal: The applicant shall submit a Schematic Plan to planning staff prior to submitting a preliminary PUD application (1) Maps which are part of the schematic plan shall contain the following: A. Location map showing location of the site within the city. B. The existing topographic character of the land. C. A composite of all natural amenities of the site and three hundred feet(300') adjacent to the site including steep slopes, drainageways, plus marshes, ponds, lakes and property lines. D. The size of site and proposed land uses to be developed together with an identification of site land use and zoning. E. The density of land use to be allocated to the several parts of the development together with height, bulk and approximate location of buildings and other structures. F. The approximate location of thoroughfares. G. The location of common open space including public schools, parks and playgrounds or private natural preserves. H. Schematic utility plan. (2) The written statement of the PUD's purposes and intent shall include the following: A. A statement of the ownership of all land involved in the planned unit development together with a summary of owners' previous development experience. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- B. An explanation of the general character of the planned unit development. C. A statement describing how the planned unit development provides enhanced site design and explains the flexibility needed from underlying development standards. D. A general indication of the expected time schedule of development. E. A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces. F. A statement describing how all necessary governmental services will be provided to the developer. G. The total anticipated population to occupy the planned unit development, with breakdowns indicating the number of school age children, adults, and families. 3. Schematic Plan Review and Action: (a) The planning commission shall review the application and make a recommendation to the city council based on and including, but not limited to, the following: (1) Compatibility with the stated purposes and intent of the planned unit development. (2) Relationship of the proposed planned unit development to the neighborhood in which it is proposed to be located, to the city's land use plan, and to other provisions of the zoning ordinance. (3) Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces. (b) The city council shall act on the schematic plan after receipt of the plan from the planning commission. (c) If the schematic plan is approved, the applicant may proceed to the preliminary PUD plan. (E) Preliminary PUD Plan: 1. Application: Application for a preliminary PUD shall be filed with the zoning officer within six(6) months of the approved schematic plan; the applicant may request an extension in writing to the city, decided upon by the city council. The preliminary PUD plan shall be in substantial compliance with the schematic plan. In the event the preliminary plan is not in substantial compliance, a new schematic plan shall be submitted for review. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 90-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- (a) Phased PUD: The applicant may apply for preliminary approval for phases of the development, however, the first phase of the development shall cover at least twenty percent (20%) of the area approved as part of the schematic plan. (1) Phasing shall substantially follow the timeframe established within the approved schematic plan. (2) Once one phase of a PUD has been approved for final PUD plan, the applicant shall be required to submit an application for the preliminary PUD plan of the next phase within six (6) months; the applicant may request an extension in writing to the city, decided upon by the city council. (3) No individual phase of a PUD plan may represent less than 20% of the area approved as part of the schematic plan. (b) Maps: Maps which are part of the preliminary plan shall include: (1) All the maps required for schematic approval of the plan. (2) Generalized elevations and perspectives of all structures. (3) A grading plan showing existing and proposed contours at two foot (2') intervals showing the direction of flow of surface drainage and all easements necessary for both ponding and runoff. (4) Plans and profiles for the distribution of water, collection of sanitary waste and storm sewer for the proposed phase. For the remaining area of the PUD the following information shall be shown: A. Water distribution system. B. Storm water distribution system. C. Sanitary sewer system with invert elevation. (5) Plans, profiles and typical sections for proposed street improvements. (6) All utility easements. (7) Landscaping and planting plan. (8) Erosion control plan. (c) Summary Sheet: A summary sheet indicating: (1) Land area for each use. (2) Number of units proposed including number of bedrooms in each area in subsection (D)4(a) of this section. (3) Number of areas of common open space. (4) Modifications of any provisions of this title or any other ordinances, codes or regulations of the city. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- (5) VERLAY:(5) Phasing plan indicating geographical staging and approximate timing of the plan or portions thereof. (d) Design Standards: All preliminary and final utility plans shall be drawn in accordance with Farmington engineering design criteria and standard specifications. 2. Review of Preliminary Plan: The planning commission shall hold a public hearing on the preliminary plan. The planning commission may recommend the council approve, approve with conditions, or deny a preliminary plan for PUD based on the following considerations: (a) The consistency of the proposed planned unit development with the adopted comprehensive plan of the city. (b) The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. (c) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. (d) That any exceptions to the underlying zoning district's development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section. (e) The sufficiency of each planned unit development phase's size, composition, and arrangement to ensure that its construction and operation is feasible without dependence upon any subsequent phase. (f) The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities. (g) The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property. (h) The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district's development standards. 3. City Council Action on Preliminary Plan: The city council after receiving recommendation from the planning commission shall review the preliminary plan. The council may recommend approval, approval with conditions, or deny a preliminary plan for PUD based on the following considerations: (a) The consistency of the proposed planned unit development with the adopted comprehensive plan of the city. (b) The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- (c) The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area. (d) That any exceptions to the underlying zoning district's development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section. (e) The sufficiency of each planned unit development phase's size, composition, and arrangement to ensure that its construction, and operation is feasible without dependence upon any subsequent phase. (f) The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities. (g) The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property. (h) The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district's development standards. (F) Final Plan Approval: 1. Submittal: A final plan shall be submitted with an application for final plan approval within one (1) year of council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final approval or a request for an extension is not received within one (1) year, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure. 2. Application Review: The city council shall review the final plan after filing of the application for final plan approval. 3. Substantial Compliance: The final plan shall be in substantial compliance with the approved preliminary plan. "Substantial compliance" shall mean: (a) The number of residential living units has not been increased. (b) The floor area of nonresidential uses has not been increased. (c) Open space has not been decreased or altered to change its original intended design or use. (d) All special conditions prescribed on the preliminary plan by the applicant or any of the reviewing bodies have been incorporated into the final plan. 4. Additional Data and Documents: The application for final plan approval shall be accompanied by the following data and documents: (a) All the information contained in the preliminary plan plus any alterations or corrections required by the city council. (b) Proposed zoning changes with legal descriptions of all district boundaries. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 PLANNED UNIT DEVELOPMENT OVERLAY.- (c) Deed restrictions, covenants, agreements, bylaws or proposed homeowners' associations and other documents controlling the use of property, type of construction or development of the activities of future residents. (d) A signed and executed developer's agreement. (e) A subdivision plat suitable for recording in the office of the register of deeds of the county. 5. Annual Review: The planning commission shall review all planned unit development districts within the city at least once each year until project completion and shall make a report to the city council on the status of the development in each of the planned unit development districts. If the city council finds that development has not occurred within a reasonable time after the original approval, the city council may instruct the planning commission to initiate rezoning to just the underlying zoning district by removing the planned unit development overlay district from the official zoning map. 6. Amendments and Control: (a) Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city. (b) Minor changes in the location, siting and height of buildings and structures may be authorized by the planning staff if required by engineering or other unforeseen circumstances. (c) All other changes in use, rearrangement of lots, blocks and open space must be authorized by the city council under procedures outlined for amendment of the zoning title. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003) 10-5-26: DOWNTOWN COMMERCIAL (DC) OVERLAY DISTRICT: (A) Purpose: The purpose of this overlay district is to establish design standards pertaining to the commercial, apartment, and mixed apartment/commercial buildings in the downtown commercial district. The design standards are intended to do the following: 1. Encourage integrated site planning to create a cohesive, sustainable built environment. 2. Maintain and reinforce "small town" and "main street" architectural traditions. 3. Encourage an active, walkable, pedestrian environment. 4. Maintain the character of historic buildings. 5. Unify and articulate building facades. 6. Place a strong visual emphasis on streetscapes. 7. Require new construction to be compatible with existing buildings. 8. Provide for the compatible integration of commercial and residential uses located on the edge of the downtown commercial district. 9. Encourage replacement or remodeling of architecturally incompatible buildings. 10. Adaptively reuse older buildings that contribute to the district's sense of time and place. 11. Encourage the development of pocket parks, gardens, plazas, and courtyards for public use. 12. Establish well defined transitions (mixed use buildings) between the downtown and adjacent neighborhoods. (B) Overlay District Boundary: The downtown commercial overlay district (DC) is described as the property located south of the Vermillion River, west of 5th Street, north of Walnut Street and east of 1st Street. (C) Process: The downtown commercial overlay district design standards will be administered through the site plan process in section 10-6-23 of this chapter and, if required under the design review process in section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial, apartment, and mixed apartment/commercial structures in the DC district will be required to meet the standards in this chapter, unless otherwise provided. Projects exempt from meeting the standards are those buildings that are comprised of any of the following project types: 1. Interior remodels; 2. One- and two-family residences, twinhomes, and townhouses; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. (E) Building Material and Design: 1. In the case of new construction, renovations, or additions, seventy percent (70%) or more of the total surface area of any building facade fronting on a public street or open space shall consist of a mixture of two (2) or more of the predominant downtown finish materials (clay, brick, stucco, natural stone, ornamental concrete). Extruded metal storefront framing may be used only on window or door frames. 2. For commercial and mixed apartment/commercial buildings, transparent glass must comprise a minimum of fifty percent (50%) (but shall not exceed 75 percent) of the total wall area of the ground floor of any building facade fronting on a public street or open space. For buildings with ground floor residential uses and all upper floors, transparent glass or facade openings shall comprise a minimum of twenty percent (20%) (but shall not exceed 50 percent) of the total wall area of any building facade fronting on a public street or open space. Upper story windows will be vertically proportioned and have the visual appearance of traditional double hung sash. 3. Blank, windowless walls facing a public street or open space are prohibited, which is defined as not exceeding a horizontal distance of fifteen (15) feet of a building's facade. 4. Exterior walls shall not be covered with metal panels, EIFS (exterior insulation and finish system), vinyl siding, faux half timbering, logs, shakes, shingles, exposed aggregate, or poured in place concrete. 5. Preassembled clay brick panels, artificial stucco, decorative precast units resembling stone, and other modern materials may be used that similarly match the appearance of historic materials. 6. Standardized corporate or"trademark" commercial building types shall be constructed to meet the architectural style of the downtown, which includes building materials, glass, color, and signage. 7. The ground or street level of a building shall be visually distinguished from the upper level(s) through the use of colors and/or building materials. 8. Imitation of historical styles shall be encouraged in new construction and renovation of existing buildings; references to historic architectural styles and periods will be interpreted in a contemporary manner; new and renovated buildings shall reinforce and not compete with heritage landmark properties. 9. New commercial, townhouse, apartment, and mixed apartment/commercial buildings shall solidify the relationship between old and new buildings and support a human scaled, street oriented downtown environment. Infill construction on side streets shall be designed with architectural features such as brick facades. 10. The massing and bulk of new buildings shall be mitigated by varied massing and proper articulation of street facades. Large "big box" commercial buildings shall be designed to appear as multiple storefronts by breaking the facade into smaller bays of twenty feet (20') in width in order to maintain a pattern integrated with and similar to surrounding buildings. 11. The size, scale, massing, and facade materials of new construction will complement the architectural character of existing historic buildings identified as heritage landmarks. 12. Corner buildings shall be designed with two (2) street facades and a main entrance on both sides. 13. Rooflines shall be flat or gently sloping. (F) Awnings/Canopies: 1. Awnings/canopies shall only be allowed over the ground floor window openings and along the frontage of all building entrances. 2. Awnings and canopies shall not project more than five feet (6) into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight feet (8'). Awnings and canopies may not be supported by poles or other structural elements located in the public right of way. 3. Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. 4. The bottom of awnings and canopies should be at least eight feet (8') above sidewalk grade. 5. Backlit awnings and canopies are prohibited. 6. Lettering on awnings and canopies shall comply with subsection 10-6-3(B)1(k) of this chapter. 7. Awning and canopy materials shall be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. (G) Parking Areas: 1. Required off street parking spaces shall be provided by surface parking areas located at the rear or sides of a building and provided with architecturally compatible security lighting, and screened with landscape buffers or low walls. 2. Underground and above-ground parking structures are encouraged and new parking structures shall be compatible with (but not indistinguishable from) adjacent buildings in terms of height, scale, massing, and materials. (H) Screening and Fencing: 1. Screening of Exterior Uses: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public rights of way, private street, public open space, mid-block pedestrian way, and off street parking area, and shall be equally effective in winter and summer. Fencing for screening purposes may be installed at a height of up to eight feet (8'), with the approval of a building permit. Fencing used for screening purposes shall only be allowed in the side and rear yards. Chain link and slatted fencing are prohibited within the downtown commercial overlay district. . On property lines adjacent to established residential uses the fencing shall consist of wood or vinyl. 2. Screening Of Mechanical Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street, public open space, mid-block pedestrian way, or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. 3. Decorative Fencing: All fencing (with the exception of fencing identified in the screening requirements of subsection (H)1 of this section) visible from a public right of way, private street, public open space, mid-block pedestrian way, or off street parking area shall not exceed a height of six feet (6') in the side and rear yards and four feet (4') in the front yards. Decorative fencing shall consist only of the following materials: (a) Wrought iron. (b) Vinyl. (c) Ornamental aluminum. 4. Historic Landmarks: No fencing shall be attached to any historic landmark building or structure. (Ord. 012-645, 6-18-2012) (1) Signs: 1. Notwithstanding contrary provisions in this code the following signs are allowed in the DC overlay district: (a) Projecting signs in compliance with subsection 10-6-3(B)5(e) of this chapter. (b) Wall signs in compliance with subsection 10-6-3(B)3(a) of this chapter. (c) Monument signs where existing building is set back from front property line in compliance with subsection 10-6-3(B)3(b) of this chapter. (d) Painted wall signs through a conditional use permit in compliance with subsection 10-6-3(B)1(1) of this chapter. (e) A-frame signs in compliance with subsection 10-6-3(B)1(t) of this chapter. 2. Signs on historic landmark buildings must: a) not cause damage to historic architectural features or building materials as a result of installation; and b) should be designed and installed in such a manner that when they are removed or replaced there is no physical evidence of their former presence. In other words, holes may not be drilled in historic masonry, alterations may not be made of historic character defining windows or doors, and no fasteners may be attached to any historic trim. (Ord. 010-627, 9-20-2010) Chapter 5 Districts and District Provisions 10-5-27 Highway 3 Overlay(HW3-0) District TITLE 10 Zoning Chapter 5 Districts and District Provisions 10-5-27 Highway 3 Overlay (HW3-0) District (A) Purpose: The purpose of this overlay district is to establish design standards pertaining to the commercial and multi-family residential uses along the Highway 3 corridor in Farmington. The design standards are intended to do the following: 1. Encourage integrated site planning to create a cohesive, sustainable built environment. 2. Establish architectural requirements for commercial and multi-family residential uses. 3. Unify and articulate building fagades. 4. Place a strong emphasis on improving the visual aesthetic of the corridor. 5. Provide for the compatible integration of commercial and residential uses along the corridor. 6. Encourage replacement or remodeling of architecturally incompatible buildings. (B) Overlay District Boundary: The Highway 3 overlay district (HW3-0) shall be defined with a northern limit of Vermillion River Trail (County Hwy 66), a southern limit of 225th Street W, and extending one block east to 7th Street and one block west of Highway 3 to 9th Street. (C) Process: The (HW3-0) overlay district design standards will be administered through the site plan process in section 10-6-23 of this chapter and, if required under the design review process, in section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial, multi- family, and mixed use buildings in the HW3-0 overlay district will be required to meet the standards in this chapter, unless otherwise provided. Projects exempt from meeting the standards are those buildings that are comprised of any of the following project types: 1. Interior remodels; 2. One- and two-family (duplex) residences, twin homes, and townhouses; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. (E) Building Materials and Design 1. Commercial Buildings: (a) The exterior materials shall consist of brick, stone, vinyl or cement siding only. (b) Metal paneling is allowed as an accessory material but shall not consist of more than 25% of the total building fagade. Chapter 5 Districts and District Provisions 10-5-27 Highway 3 Overlay(HW3-0) District (c) Tilt-up concrete paneling is not permitted. (d) A mix of materials is required to enhance the overall aesthetic of buildings and of the corridor as a whole. (e) Multi-tenant buildings shall provide variation in roof line to depict individual commercial businesses. (f) Transparent glass shall comprise a minimum of forty percent (40%) and a maximum of seventy-five percent(75%) of the total wall area of the first floor elevation on any street fagade. (g) Transparent glass shall comprise a minimum of twenty percent(20%) and a maximum of fifty percent (50%) of the total wall area on the upper floor elevations of any street fagade. 2. Multi-family Residential Buildings: (a) The exterior materials shall consist of brick, stone, vinyl or cement siding only. (b) Metal paneling is allowed as an accessory material but shall not consist of more than 10 percent of the total building fagade. (c) A mix of materials is required to enhance the overall aesthetic of buildings and of the corridor as a whole. (F) Signage Standards In addition to the requirements of Chapter 10-6-3 of the City Code, the following architectural standards are required for pylon and monument identification signs: 1. Pylon and monument identification signs shall be designed to be complementary to the buildings and uses to which they relate and shall be harmonious with their surroundings. 2. The supporting pole or structure of a pylon sign may not be solely metal; it shall be wrapped in a material complementary to the building to which it relates. (G) Exterior Commercial Lighting Standards In addition to the requirements of Chapter 10-6-8 of the City Code, the following exterior lighting standards are required for commercial buildings: 1. All building fagade and parking lot lighting shall be downcast so as to eliminate light pollution spreading into adjacent residential areas. Chapter 5 Districts and District Provisions 10-5-28 Spruce Street Overlay(SS-O) District TITLE 10 Zoning Chapter 5 Districts and District Provisions 10-5-28 Spruce Street Overlay (SS-O) District (A) Purpose: The purpose of this overlay district is to establish design standards pertaining to the commercial and residential uses in the Spruce Street area west of downtown Farmington and the Vermillion River. The design standards are intended to do the following: 1. Encourage integrated site planning to create a cohesive, sustainable built environment. 2. Provide design elements and building and site relationships that emulate traditional main street form. 3. Encourage an active, walkable, pedestrian environment. 4. Place a strong visual emphasis on streetscapes. 5. Encourage the development of pocket parks, gardens, plazas, and courtyards for public use. 6. Provide for the compatible integration of commercial and residential uses within a mixed use area. 7. Establish architectural requirements for commercial and multi-family residential uses. 8. Require new construction to be compatible with existing buildings. (B) Overlay District Boundary: The Spruce Street Overlay (SS-O) district shall be defined with a northern limit of Hwy 50, a southern limit of Spruce Street(including mixed use zoning districts south of Spruce Street), an eastern limit of the Vermilion River corridor, and a western limit of Pilot Knob Road. (C) Process: The SS-0 overlay district design standards will be administered through the site plan process in section 10-6-23 of this chapter and, if required under the design review process, in section 2-11-5 of this code. (D) Applicability: All new construction and renovations or additions of existing commercial, residential, and mixed use buildings in the SS-0 overlay district will be required to meet the standards in this chapter, unless otherwise provided. Projects exempt from meeting the standards are those buildings that are comprised of any of the following project types: 1. Interior remodels; 2. Townhouses; 3. Normal or routine maintenance and repair of existing structures; 4. Construction that does not require a building permit. Chapter 5 Districts and District Provisions 10-5-28 Spruce Street Overlay(SS-O) District (E) Site Design Standards: 1. Sidewalks: Sidewalks shall be provided on both sides of all streets. Trails may be required instead of sidewalks as provided in the city's trail master plan. (a) All pedestrian walkways shall have and maintain a minimum unobstructed pathway width of fifteen (15) feet along the north/south corridor(i.e., the first roadway constructed between CSAH 50 and Spruce Street, west of Denmark Avenue) and within the mixed use districts. Pedestrian walkways bordering off street parking areas shall be at least eight(8)feet wide. Pedestrian and bicycle pathways connecting to greenways or trail systems are subject to standards in the city trail master plan. (b) Walkways shall be designed to create a safe and uninterrupted pedestrianway, and to avoid frequent crossings by driveways and streets. (c) Pedestrian walkways shall be designed as amenity areas with approved landscaping, benches, lighting, signage, and street furniture. (d) Pavers shall be required within the sidewalk design and within the crosswalk areas. Installation of the pavers shall comply with city standards. (e) Electrical and water services shall be required within the sidewalk areas to prepare for amenities including (but not limited to) water fountains, clocks, kiosks and seasonal lighting, and shall be master planned during the design phase of the project. 2. Lighting: At the time of site plan review for the development, a detailed lighting plan shall be submitted. (a) The lighting in the Spruce Street area shall be designed to create a well- balanced, integrated lighting plan for public and private locations that enhances vehicular and pedestrian visibility while minimizing glare and contrast. (b) Light fixtures shall be oriented to pedestrian circulation so that pedestrian walkways are emphasized and safety is enhanced. (c) Any lighting required on the perimeter of parking lots or along streets shall consist of fixtures illustrated in the city's standard detail plate as "streetlight- downtown district". (d) The interior portions of parking lots may be lit with cobra lights. 3. Required Amenities: For each development, one of the following amenities per ten (10) acres of net developable land area shall be required and installed at the time of construction of the project. The amenities shall be highly visible, easily accessible outdoor focal points or gathering places for residents, employees, and visitors to the development site. (a) Patio and/or plaza with permanent seating areas; provided such patio or plaza has a minimum depth of fifteen (15)feet and a minimum total area of three hundred (300) square feet. Patios and plazas shall include pedestrian amenities Chapter 5 Districts and District Provisions 10-5-28 Spruce Street Overlay(SS-0) District intended to support these places as gathering areas such as benches, water features, kiosks, etc. (b) Landscaped mini-park, square, or green, provided such amenity has a minimum depth and width of fifteen (15) feet and a minimum total area of six hundred fifty (650) square feet, and includes pedestrian amenities intended to support these places as gathering areas. The landscaped mini-parks, squares or greens do not count toward the park dedication requirements. (c) Protected customer walkway, arcade, or easily identifiable building pass through containing window displays and intended for general public access. (d) Water feature, such as a pond or fountain, provided the feature is easily accessed by pedestrians and includes or integrates permanent seating areas for pedestrians. (e) Any other well designed area and/or focal feature that the city finds consistent with the intent of these design standards, and that substantially enhances such development and serves as a gathering place for residents, visitors, customers, and employees. (F) Building Architectural Standards: 1. Fronts of Buildings: Any building face and yard that abuts CSAH 50, Spruce Street, or Pilot Knob shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut the north-south corridor and the major roads in the mixed use districts. 2. Unifying Design Theme: Buildings and/or streetscapes in the Spruce Street area shall reflect a unifying design theme that incorporates features found along the north/south corridor and within the mixed use districts. City staff and the planning commission shall determine whether development proposals satisfy this requirement. 3. Exterior Surfaces: Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or precast panels, decorative block, or approved equivalent, as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed cement ("cinder") blocks; fabricated metal or pole construction structures, including sheds, warehouses, and industrial buildings constructed either on or off site of corrugated metal panels; exterior brick that is painted over; or experimental materials with no proven record of durability or ease of maintenance in the intended application. 4. Facade Design: Unless otherwise agreed to in writing by the community development department, developers of buildings located along the north/south corridor and within the mixed use districts shall use facade variations to differentiate separately leased commercial spaces. Facade variations shall incorporate modulated and articulated building wall planes and rooflines through use of: (a) Projections, recesses, and reveals expressing structural bays or other aspects of the facade, with a minimum change of plane of six(6) inches. Chapter 5 Districts and District Provisions 10-5-28 Spruce Street Overiay(SS-0) District (b) Changes in color or graphical patterns, changes in texture, or changes in building material. (c) Varying parapet heights and designs that demonstrate that the buildings are different from each other and that add interest to the streetscape. (d) Recessed entrances. (e) Building entrances that incorporate elements providing shade from the sun and weather protection for pedestrians. (f) Corners which are distinguishable from the remainder of the building through the use of towers, architectural treatments, arches, roof forms, or size and mass. 5. Building Facade Height: All buildings along the north/south corridor and within the mixed use districts shall be constructed with at least one functional or decorative (false facade) upper story. To the extent practical or feasible, variations in rooflines or heights shall be used to differentiate separately leased commercial spaces within buildings. 6. Windows: Windows shall be provided on walls that are adjacent to public or private rights of way, parking lots and sidewalks. False windows are allowed. 7. Awnings/Canopies: Buildings may have awnings/canopies that project over the first floor windows and along the frontage of all building entrances. (a) Projection: Awnings and canopies shall not project more than five (5) feet into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight (8) feet. In no event should an awning or canopy be supported by poles or other structural elements located in the public right of way. (b) Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. (c) Height: The bottom of awnings and canopies should be at least eight (8)feet above sidewalk grade. (d) Illumination: Backlit awnings and canopies are not permitted. (e) Inscription: Lettering on awnings and canopies shall comply with subsection 10- 6-3(B)1(k) of this chapter. (f) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Other materials may be used if approved by the community development department. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. 8. Public Entrances: For commercial buildings located along the north/south corridor, each separate ground level tenant space shall have at least one public entrance that faces the north/south corridor. For buildings located within the mixed use districts, each separate ground level commercial tenant space shall have at least one public entrance that faces Chapter 5 Districts and District Provisions 10-5-28 Spruce Street Overlay(SS-0) District the nearest major public or private street. Developers shall be encouraged to also provide public entrances adjacent to off street parking areas. Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: TITLE 10 Zoning Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: (A) General Provisions. 1. Use Of Parking Area: Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale. (Ord. 002-469, 2-19-2002) 2. Calculating Spaces: When the determination of the number of required off street parking spaces results in a fraction, each fraction of one-half(1/2) or more shall constitute another space. 3. Floor Area Determination: Floor area is based on ninety percent (90%) of gross floor area, or actual usable area. (Ord. 002-469, 2-19-2002; amd. Ord. 004-519, 9-20-2004) (B) Required Parking Spaces. 1. Number of Spaces: Off street parking spaces shall be provided in accordance with the specifications of this section whenever any new use is established or an existing use is enlarged in all districts except the B-2 downtown business district. Uses Parking Requirements Accessory apartment 1 per dwelling unit Animal clinics 1 space per each examination and treatment room, plus 1 space per employee on the maximum work shift Auto repair, major 2 per bay plus 1 per each employee Auto repair, minor 2 per bay plus 1 per each employee Auto sales 1 space per 1,000 square feet of gross floor area for indoor display area Bed and breakfast 1 per room plus 1 per employee at maximum shift Bowling alley 5 for each alley Brewery, small brewery, distillery, 1 space/1,500 sf of manufacturing, fabrication, Microdistillery, with or without cocktail room or processing, or warehouse area taproom Plus 1 space/200 sf of taproom or cocktail room floor area Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: Child daycare center, commercial 1 per employee plus 1 per every 10 children Places of worship, funeral homes and theaters 1 per 4 seats in principal assembly room. Define seat as 22 inches Clinics 1 space per 250 square feet of gross floor area Clubs 1 per 4 customers to maximum seating capacity Commercial recreation uses 1 per 2 customers to maximum capacity Convenience stores, with and without gas 1 per 200 square feet or retail plus 1 per employee Data center 1 per 2,000 square feet Dwellings, apartment 1.5 per dwelling unit Dwellings, two-unit and twin home 2 per dwelling unit Dwellings, townhouse 2 per dwelling unit Dwellings, single-unit 2 per dwelling unit Golf courses 2 per hole Greenhouses and nurseries, commercial 1 per 600 square feet of display/sales area Grocery stores At least 1 off street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet. At least 1 off street parking space for each 300 square feet of floor area in a building that has more than 30,000 square feet Group daycare facility, 13 to 16 persons 1 per employee plus 1 per every 5 clients Group homes, (6 or less persons; 7 to 16 1 per employee plus 1 per every 5 clients persons; commercial) and nursing homes Health clubs 1 per 200 square feet Home occupations 2 spaces in addition to the requirement for dwelling Hospitals 1 per 5 beds plus 1 for each 3 employees on maximum work shift Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: Hotels/motels 1 per each guest room plus one per employee Kennels, commercial 1 per employee plus 1 per every 1,000 square feet Manufacturing/industrial facilities 1 per 600 square feet Non-profit recreational, cultural/entertainment 1 per 4 customers to maximum seating capacity Offices, personal and professional services 1 per 300 square feet Personal health and beauty services 2 per operator station Public and parochial schools- elementary and 1 per classroom plus 1 for every 30 children junior high Public and parochial schools—senior high 1 per classroom plus 1 for every 3 children Public buildings 1 per employee plus 1 per 200 square feet Research facilities 1 per 600 square feet Restaurant, class II 1 per every 4 customers to maximum seating capacity Restaurants, class I, III, IV, brewpub and 1 per every 4 customers to maximum seating capacity plus 1 per employee coffee shops Retail facilities &service facilities At least 1 off street parking space for each 200 square feet of floor area up to a total floor area of 10,000 square feet. At least 1 off street parking space for each 250 square feet of floor area in a building that has between 10,001 and 30,000 square feet. At least 1 off street parking space for each 300 square feet of floor area in a building that has more than 30,000 square feet Senior care facility 1 per 3 beds plus 1 for each 3 employees on maximum work shift Sexually oriented business 1 per 200 square feet Supply yards 1 per employee at the largest shift Warehousing facilities 1 per 2,000 square feet Wholesale businesses 1 per 1,000 square feet (Ord. 002-469, 2-19-2002; amd. Ord. 006-548, 2-6-2006) Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: 2. Joint Parking Facilities: Required parking facilities serving two (2) or more uses may be located on the same lot or in the same structure. Conditions required for joint use are: (a) The proposed joint parking space is within four hundred feet(400') of the use it will serve; (b) The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two (2) or more buildings or uses for which joint use of off street parking facilities is proposed; and (c) A properly drawn legal instrument approved by the city attorney, executed by the parties concerned for joint use of off street parking facilities shall be filed with the clerk. Said instrument may be a three (3) or more party agreement including the city. 3. Land Banking of Parking Spaces: (a) Additional parking spaces intended for future building expansion or anticipated needs may be required by the city in the form of land banking. (b) Areas to be land banked shall be designed to integrate with existing parking areas for space and aisle design, access points, landscaping provisions, and necessary stormwater control. (c) The approved site plan shall designate land banked parking areas, which shall not be used for achieving required open space standards. (C) Location. 1. Location of Off Street Parking Facilities: Required off street parking shall be on the same lot as the principal building. 2. Other Locations: Parking spaces may be located on a lot other than that containing the principal use with the approval of the board of adjustment. 3. Control of Off Street Parking Facilities: (a) When required off street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off street parking shall be filed with the city so as to maintain the required number of off street parking spaces during the existence of said principal use. (b) No such parking facility at its closest point shall be located more than one hundred feet(100')from the property nor more than four hundred feet(400') from the principal use or building served. 4. Parking In Residential Areas: (a) All vehicles shall be parked on a hard surface driveway or parking apron. (b) All parking areas shall maintain a five foot (6) setback from side and rear lot lines, except parcels that have no recorded side and rear drainage and utility easements may have a driveway constructed adjacent to the side and rear lot Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: lines. This exception is subject to the submittal of a lot survey and grading plan acceptable to the city engineer. (Ord. 008-587, 9-16-2008) (D) Design and Maintenance Standards. 1. Size Of Spaces: Parking spaces shall be a minimum of nine feet by eighteen feet (9' x 18'). 2. Grading And Drainage: Any off street parking lot and driveway shall be graded for proper drainage and surfaced with concrete or bituminous material. 3. Lighting: Any lighting used to illuminate any off street parking shall be so arranged as to reflect the light away from adjoining premises in any R district. (Ord. 002-469, 2-19- 2002) 4. Access Driveways: (a) All off street parking areas shall have access from driveways rather than from public streets. (b) Said driveway access shall be limited to thirty feet(30') in width at the right of way line and thirty feet(30') at the public street paved surface, except that driveways which serve as access for truck off street loading areas in industrial districts shall be thirty two feet(32') at the street right of way line along collector streets and sixty feet(60') at the street right of way line along local streets. (Ord. 004-521, 11-15-2004) 5. Signs: Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in other sections of this code. (E) Plans Submitted To City Engineer. Plans for parking lots shall be submitted to the city engineer for approval before construction may begin. 1. Such plans shall indicate two foot (2') contours, paved surfaces, landscaping, drainage structures, lighting and other physical features. 2. Prior to approval of the parking lot plan, the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided to guarantee completion and compliance with the plan. (F) Recreational Vehicle Parking. Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows: 1. In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-9 of this code. 2. In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock. Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: (a) All hard surfaced parking areas in the side or rear yard shall maintain a five foot (5') setback from the side or rear lot lines. (b) All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches (4") and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements. (Ord. 002-476, 5-6-2002) (G) Commercial Vehicle Parking On Residential Property: No commercial vehicles or contracting or excavating equipment may be parked, stored or otherwise located on any residential lot within the city except as provided herein: 1. Class I Commercial Vehicles: (a) Class I commercial vehicles may be parked or stored on a residential lot with a minimum lot size of two and one-half(21/2) acres. The commercial vehicle must be entirely screened from neighboring residential property with a one hundred percent (100%) opaque screen consisting of wooden fencing, landscaping, berms or a combination of the foregoing. A commercial vehicle shall not be parked or stored within one hundred fifty feet (150') of any neighboring residential dwelling unit. (b) Class I commercial vehicles may be parked on a residential lot when loading, unloading, rendering a temporary service benefiting the premises or providing emergency services. 2. Class II Commercial Vehicles: Class II commercial vehicles may be parked on a residential lot if used as the resident's primary form of transportation to their job or if associated with a permitted home business. 3. Class I Or Class II School Buses: A class I or class II school bus may be parked on a residential lot (Monday through Friday) between the hours of eight thirty o'clock (8:30) A.M. and five o'clock (5:00) P.M. (Ord. 004-519, 9-20-2004) Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: TITLE 10 Zoning Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: (A) Purpose And Authorization: 1. Purpose: The uncontrolled use of shorelands affects the public health, safety and general welfare by contributing to the pollution of public waters, negative impacts on fish and wildlife habitat, and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related resources. The city of Farmington hereby recognizes this responsibility. 2. Statutory Authorization: This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Annotated, chapter 103F, Minnesota regulations, parts 6120.2500-6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Annotated, chapter 462. (B) General Provisions: 1. Jurisdiction: The provisions of this section shall apply to the shorelands of the public water bodies as identified in subsection (D) of this section. Pursuant to Minnesota regulations, parts 6120.2500-6120.3900, flowage less than ten (10) acres in size is exempt from the requirements under this section. 2. Application: This section shall apply to any applicant for a subdivision approval, or permit for grading, excavation, or mining in shoreland areas issued after July 15, 2002. This section applies to all land located within the defined shoreland. 3. Abrogation and Greater Restriction: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections of this code inconsistent with this section are hereby repealed to the extent of the inconsistency only. 4. Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. 5. Interpretation: In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6. Severability: If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby. (C) Administration: 1. Variances: The planning commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (C)2 of this section shall also include the summary of the public record/testimony and the findings of fact and conclusions that support the issuance of the variance. 2. Notifications To The Department Of Natural Resources: Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked within ten (10) days of final action. 3. Mandatory EAW: An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a. (D) Shoreland Classification System and Land Uses: 1. Shoreland Classification System: The public waters of the city of Farmington have been classified below consistent with the criteria found in Minnesota regulations, part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota. (a) Agricultural Rivers Location Vermillion River T. 113N, R. 20W, Section 1 and T. 114 N, R. 19W, Sections 29, 30, and 31 And R. 20W, Section 36 (b) Tributary Rivers/Streams* North Creek T. I I4N, R. 20W, Sections 3, 4, 8, 9, 10, 11, 12, 13 and T. 114N, R. 19W, Sections 18, 19, and 30 Middle Creek T. 114N, R. 19W, Section 30 and Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: T. 114N, R. 20 W, Sections 15, 16, 17, 21, 22, 25 and 26 South Creek T. 114N, R.20W, Sections 19, 20, 29, 32, 33, 34, 35, and 36 *All protected watercourses in the city of Farmington shown on the protected waters inventory map for Dakota County, a copy of which is hereby adopted by reference, not given a classification above shall be considered "tributary". The shoreland area for these water bodies shall be shown on the official zoning map (or official zoning overlay map). 2. Land Uses for River and Stream Shoreland: (a) The land uses for the given classifications of water bodies shall comply with the table below as well as the uses of the underlying zoning district; the more restrictive shall apply. shoreland P = Permitted use C = Conditional use N = Prohibited use Agricultural Tributary Single residential P P Duplex, triplex, quad residential P P Residential PUD C C Commercial C C Commercial PUD* C C Solar Power Facilities (principal C C use) Parks/historic sites P P Public/Semipublic C C Industrial N C Agricultural: cropland and pasture P P Agricultural feedlots: New N N Agricultural feedlots: Expansion or C C resumption of existing Forest management P P Extractive use C C Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: Limited expansion of a commercial planned unit development involving up to 6 additional dwelling units or sites may be allowed as a permitted use provided the provisions of the city's PUD requirements are satisfied. (b) Interpretation (1) When an interpretation question arises about whether a specific land use fits within a given "use" category, the Planning Commission shall decide the issue. (2) When a question arises as to whether a land use district's boundaries are properly delineated on the official zoning map, this decision shall be made by the city council. (E) Zoning And Water Supply/Sanitary Provisions: 1. Lot Area And Width Standards: (a) Rivers/Stream Lot Width Standards: (1) There is no minimum lot size requirement for rivers and streams. The lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the date of enactment of this section for the river and stream classifications are the following: Agricultural Tributary Single 150 75 Duplex 225 115 Triplex 300 150 Quad 375 190 (2) Residential subdivisions with dwelling unit densities exceeding those in the table above can only be allowed if designed and approved as residential planned unit developments. (b) Special Provisions for Planned Unit Developments (PUDs): (1) Processing of PUDs: Planned unit developments in the Shore ll-land District must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined in Section Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: 10-5-24. When there is a conflict in requirements, the more stringent of the requirements shall be applied. (2) Density Determination: Proposed new or expansions to existing planned unit developments in the Shore Land District must be evaluated using the following procedures: A. Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one of more lines parallel to the ordinary high water level at intervals of 300 feet, proceeding landward B. Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters C. Determine Base Density i. For residential PUDs, divide the tier width by the minimum single residential lot width ii. Lot width standards must be met at both the ordinary high water level and at the building line. iii. These standards assume that publicly owned sewer system service is available to the property. D. Determine if the Site can Accommodate Increased Density: Increases to the dwelling unit or dwelling site base densities are allowed up to the maximum density seen in the table below if all design criteria are met as well as the following standards are met: i. Structure setbacks from the ordinary high water level are increased to at least 50 percent greater than the minimum setback; or ii. The impact on the waterbody is reduced an equivalent amount through vegetative management , topography, or additional acceptable means and the setback is at least 25 percent greater than the minimum setback Shore Land Tier Maximum Density Increase within each Tier(percent) 1 St 50 2nd 100 3rd 200 4th 200 5th 200 (3) Design Criteria. All PUDs in the Shore Land must meet the following design criteria A. General Design Standards Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: i. All residential planned unit developments must contain at least five dwelling units or sites. ii. Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development. iii. Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment, may be provided for use by occupants of dwelling units or sites located in other tiers. iv. Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided. V. Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized. B. Open Space Requirements i. Open space must constitute at least 50 percent of the total project area and must include: (1) Areas with physical characteristics unsuitable for development in their natural state; (2) Areas containing significant historic sites or unplatted cemeteries. ii. Open space may include: (1) Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staying in commercial dwelling units or sites, and by the general public; (2) Non-public water wetlands. iii. Open space shall not include: (1) Dwelling sites or lots, unless owned in common by an owners association; Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: (2) Dwelling units or structures, except water-oriented accessory structures or facilities; (3) Road rights-of-way or land covered by road surfaces and parking areas; (4) Land below the OHWL of public waters; and (5) Commercial facilities or uses. 2. Placement, Design and Height of Structures: (a) Placement of Structures on Lots: (1) When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. (2) Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shoreline buffer area. (3) Structures and onsite sewage treatment systems shall be set back (in feet) from the ordinary high water level as follows: Water Classification Structures Sewered Sewage Unsewered Treatment Systems Agricultural river 100 100 100 Tributary river/stream 100 50 75 Where averaging is allowed, structure setbacks cannot be less than fifty percent (50%) of the minimum setback. (b) Design Criteria For Structures: (1) Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure not meeting the normal structure setback requirements of this section if this water oriented accessory structure complies with the following provisions: A. The structure or facility must not exceed ten feet(10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty(250) square feet. Detached decks must not exceed eight feet (8') above grade at any point. B. The setback of the structure or facility from the ordinary high water level must be at least ten feet(10'). C. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: topography, increased setbacks, or color, assuming summer, leaf- on conditions. D. The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area. E. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. (2) High Water Elevations: Structures must be placed in accordance with any floodplain regulations applicable to the site. (3) Structures Without Water Oriented Needs: Structures without water oriented needs must be placed on nonriparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both. 3. Shoreland Buffer Areas: (a) Application: For lots of record created after July 15, 2002, a buffer area shall be maintained abutting all rivers and streams. Buffer vegetation shall be established and maintained in accordance with the requirements that follow. (b) Buffer Area Vegetation Requirements: Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it: (1) Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five (5) consecutive years; or (2) Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five (5) consecutive years; or (3) Contains a mixture of the plant communities in subsections (E)3(b)(1) and (E)3(b)(2) of this section that has been uncultivated or unbroken for at least five (5) years. (c) Maintenance Of Buffer Areas: Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if: (1) Topography or sparse vegetation tends to channelize the flow of surface water. (2) Some other reason the vegetation is unlikely to retain nutrients and sediment. (d) Requirements For Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall be replanted and maintained according to the following standards: Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: (1) Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area. (2) The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species. (3) Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction. (4) During the first five (5) full growing seasons, except where the city has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent(90%). The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities. (5) No fertilizer shall be used in establishing new buffer areas. (6) Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements. (e) Buffer Identification: Buffer areas shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred feet(300') of wetland edge. (f) Vegetation Clearing Or Removal: The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife. (g) Dumping In Buffer Areas: Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this section. (h) Determination Of Buffer Areas: All buffer areas are measured from the ordinary high water level as marked in the field. (i) Minimum Buffer Areas: Buffers shall be established adjacent to major waterways as shown and classified on map 1 -Vermillion River watershed attached to the VRWJPO standards, and as described for the various classifications below. (1) Conservation corridor; lower reach (Vermillion River downstream of Biscayne Avenue): One hundred fifty foot(150') average, one hundred Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: foot (100') minimum measured from the edge of the meander belt of the river. (2) Conservation corridor; upper reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): One hundred fifty foot(150') average, one hundred foot(100') minimum measured from the edge of the meander belt of the river. (3) Aquatic corridor; principal connector: Required buffer width one hundred foot(100) average, sixty five foot (66) minimum measured from the edge of the meander belt of the river. (4) Aquatic corridor; principal connector with trout stream designation: One hundred foot(100'), no averaging, as required by the NPDES general construction permit. (5) Aquatic corridor; tributary connector: Fifty foot (50') average, thirty five foot (36) minimum, plus two feet (2') for every one percent (1%) of slope measured from the edge of the meander belt of the tributary. (6) Water quality corridor: Thirty foot(30') average, twenty foot(20') minimum where there is a flow path for concentrated surface runoff measured from the centerline of the flow path. (j) Buffer Averaging: The city may recommend buffer averaging for buffers in areas designated manage 1, manage 2 or greenway corridors in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on site contained in the buffer area remains the same. No buffer averaging is allowed for trout stream buffers. . (k) Public Trail Exemption: Public trails that are routed through stream buffers for specific interpretive purposes shall be exempted from this requirement. (1) Maximum Width: If the area of the buffer has a preconstruction slope of twelve percent(12%) or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography. (m) Stream Buffer Area Mitigation: Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation: (1) Buffer Replacement: Buffers must be required at a one to one (1:1) ratio. The buffer requirement associated with the stream classification will be required for the replacement buffer, unless replacement is occurring adjacent to a stream with a higher classification. In this case, the buffer area requirement for the higher stream classification will apply. Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: (2) Mitigation Goals: Mitigation shall be equal to or shall improve buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat. (3) Wildlife Diversity: Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants)to encourage wildlife diversity. (4) Trout Streams: Mitigation in buffer areas along trout streams shall require landscaping that protects trout habitat, such as trees, shrubs, and tall native grasses that shade the stream. (5) Area Of Mitigation: Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city. (6) Buffer Plantings: Stream buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in subsection (E)4 of this section. 4. Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (a) Vegetation Alteration: (1) Standards: Removal or alteration of vegetation, except of agricultural uses as regulated in subsection (E)7 of this section is allowed subject to the following standards: A. Intensive vegetation clearing within the shore zone and on steep slopes is prohibited. B. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water oriented accessory structures or facilities, provided that: i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced; ii. Existing shading of water surfaces is preserved along rivers; and iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: (2) Exemption: Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection (E)5 of this section are exempt from this subsection. (b) Topographic Alterations/Grading And Filling: (1) Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. (2) Public roads and parking areas are regulated by subsection (E)5 of this section. (3) Notwithstanding subsections (E)4(b)(1) and (E)4(b)(2) of this section, a grading and filling permit will be required for: A. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and B. The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. (4) Conditions For Approval: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals: A. Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: i. Sediment and pollutant trapping and retention; ii. Storage of surface runoff to prevent or reduce flood damage; iii. Fish and wildlife habitat; iv. Recreational use; V. Shoreline or bank stabilization; and Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota department of natural resources, or the United States army corps of engineers. The applicant will be so advised. B. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; C. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; D. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; E. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States soil conservation service; F. Fill or excavated material must not be placed in a manner that creates an unstable slope; G. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent(30%) or greater; H. Fill or excavated material must not be placed in bluff impact zones; I. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes Annotated, section 105.42; J. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; K. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet(3) horizontal to one foot (1')vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3`). Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: 5. Placement Of Roads, Driveways, And Parking Areas: (a) Design Requirements: Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Applicants shall provide documentation by a qualified engineer establishing that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (b) Setbacks: Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (c) Shore Impact Zones: Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of this section must be met. 6. Stormwater Management: (a) Natural Drainageways: When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. (b) Reduction Of Runoff Volumes: Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce the delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. (c) Design Criteria: When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. (d) Impervious Surface Coverage: Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot area. (e) Documentation Required: When constructed facilities are used for stormwater management, documentation must be provided by a qualified engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district. (f) Stormwater Outfalls: New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: 7. Agricultural Use Standards: (a) General Requirements: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States soil conservation service, as provided by a qualified engineer or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty feet (50')from the ordinary high water level. (b) Animal Feedlot Standards: Animal feedlots must meet the following standards: (1) New feedlots must not be located in the shoreland or watercourses or in bluff impact zones, and must meet a minimum setback of three hundred feet (300')from the ordinary high water level of all public water basins; and (2) Modifications or expansions to existing feedlots that are located within three hundred feet(300') of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. (Ord. 010-629, 10-18-2010) 8. Extractive Use Standards: Extractive uses are conditional uses and must meet the following standards: (a) Site Development and Restoration Plan. A site development and restoration plan must be developed, approved, and followed over the course of operation. The Plan must: (1) Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations; (2) Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and (3) Clearly explain how the site will be rehabilitated after extractive activities end. (b) Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs. (F) Nonconformities: All legally established nonconformities as of the date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback identified in subsection (E)2 of this section from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practical and Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or body of water. 1. The following apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements of subsection (E)1 of this section. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to the following: (a) A nonconforming single lot of record located within the shoreland area may be allowed as a building site without variances from lot size requirements, provided that: (1) All structure and septic setback distance requirements can be met; (2) A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to public sewer; and (3) The impervious surface coverage does not exceed twenty five percent (25%) of the lot. (b) In a group of two (2) or more contiguous lots of record under common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements: (1) The lots must be at least sixty six percent (66%) of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota rules, chapter 6120; (2) The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, and local government controls; (3) Impervious surface coverage must not exceed twenty five percent (25%) of each lot; and (4) The development of the lot must be consistent with an adopted comprehensive plan. (c) A lot subject to subsection (F)1(b) of this section not meeting the requirements of subsection (F)1(b) of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible. (d) Notwithstanding subsection (F)1(b) of this section, contiguous nonconforming lots of record in shoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota rules, chapter 7080, or connected to a public sewer. Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORELAND MANAGEMENT REGULATIONS: (e) In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions. (f) A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Ord. 011-642, 12-19-2011) 2. Additions/Expansions To Nonconforming Structures: (a) Structure Additions: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of subsection (E) of this section. Any deviation from these requirements must be authorized by a variance. (b) Deck Additions: Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) The structure existed on the date the structure setbacks were established; (2) A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; (3) The deck encroachment toward the ordinary high water level does not exceed fifteen percent(15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and (4) The deck is constructed primarily of wood, and is not roofed or screened. (Ord. 010-629, 10-18-2010) CITY OF 0 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington MN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Vita Attiva Development(20 Minutes) DATE: March 1, 2021 INTRODUCTION City staff provided the city council with some estimated costs on potential street access to the Vita Attiva development after the last city council work session. The city council and city staff need time to continue the discussion on this potential development. DISCUSSION The city council spent time at the February work session discussing the proposed Vita Attiva development. The focus of the discussion was centered around current and future access to the development as no streets currently connect to the area of the proposed development. At that work session,the city council asked city staff to prepare estimated costs for the extension of streets to provide access to the development. City engineering staff developed those numbers and they have been shared with the city council. BUDGET IMPACT Decisions made on this development may have current future financial impact on the city. ACTION REQUESTED Continue to discuss the proposed Vita Attiva development and the issues that have been discussed. Provide direction to city staff on how to proceed on this issue. ATTACHMENTS: Type Description D Backup Material Vita Attiva Development olAoe IrYI yla '+I I Iq�j� 3CK>`Y N'r<r3 I I 9AQIB ClxAhO 'V 1` i Qi Fq 1 � I I 1 11 YyyY I'1 ' 1 I [ I i I1 II I � tl [ 1 I x I I 11 II I 5 ! s 1 ! f I 11 II pp da �� . � 1 1 I IS I � ��[ rir • g><f{�p FII w ' '' - 1 ' !jig$ a !Z $ Ya i J.� fiRl e g 6 "---- - -- ---� ": 11 , may 3 II I0 9 s _ 1 1 W1 _ I—F SII j R TT cc ! d - ®�¢ yy.G o It — —itN 9 3 11 o o P F Il _AM I 1r kR11 I1 a \a R - - 11 _ A� M."JW=S �` OCaLI y 9[y0A06LcfY1 ytl — \ d n A197Y!A3W30 YVf iigiUjiii:M.�::i .: �i�1is�ie' 1r�li°�e�ili ':��l.wli �I I� # �iiJ 1 CITY OF O 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 ►` O FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: David McKnight, City Administrator SUBJECT: Downtown Liquor Store Update(10 Minutes) DATE: March 1, 2021 INTRODUCTION I will provide an update on the downtown liquor store location project that city staff has been working on the past few months. DISCUSSION Adam Kienberger and I will provide an update to the downtown liquor store project that we have both been working on recently. Staff has worked closely with Appro Development and the city attorney as we look at the location of our downtown store. Staff will provide the most up to date information and look for feedback from the city council. BUDGET IMPACT NA ACTION REQUESTED Hear the update provided by city staff and provide any direction as needed.