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HomeMy WebLinkAbout04.12.21 Work Session Packet CITY OF Meeting Location: FARMINGTONFarmington City Hall 430 Third Street Farmington, MN 55024 CITY COUNCIL WORK SESSION MEETING AGENDA April 12, 2021 5:00 PM 1. CALL TO ORDER 2. APPROVE AGENDA 3. DISCUSSION ITEMS (a) Zoning Code Update(90 Minutes) (b) Hy-Vee Business Subsidy Agreement Update(30 Minutes) 4. CITY ADMINISTRATOR UPDATE 5. ADJOURN CITY OF Q 430 Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 Farmington M N.gov TO: Mayor, Councilmembers and City Administrator FROM: Tony Wippler, Planning Manager SUBJECT: Zoning Code Update(90 Minutes) DATE: April 12, 2021 INTRODUCTION Attached, please find a memorandum from Jeff Miller of Hoisington Koegler Group, I nc. providing a brief summary of of key updates within the proposed code update. Mr. Miller will be present at the work session and he along with staff will provide a presentation on the code updates. ACTION REQUESTED Hear the presentation by staff and the consultant, review and comment on the various attachments provided. ATTACHMENTS: Type Description ❑ Cover Memo HKgi memorandum ❑ Backup Material Section 10-2-1 Definitions ❑ Backup Material Chapter 5 Districts ❑ Backup Material Section 10-6-4 Off-street parking ❑ Backup Material Section 10-6-9 Screening ❑ Backup Material Section 10-6-10 Landscaping ❑ Backup Material Section 10-6-18 Shoreland management ❑ Backup Material Zoning Change map MEMORANDUM [MIN Hoisington Koegler Group Inc. M" OE TO: City of Farmington City Council and Planning Commission FROM: Jeff Miller, Hoisington Koegler Group Inc. (HKGi) SUBJECT: Zoning Code Update DATE: April 7, 2021 CC: Tony Wippler, Planning Manager At the April 12th Joint CQPC Work Session, we will be presenting the key recommended updates to the Zoning Code and the Zoning Map. The updates affect Title 10 (Zoning) of the City Code, including Chapter 5 (Districts and District Provisions), Chapter 6 (Performance Standards), and Chapter 2 (Definitions). These portions of the Zoning Code are proposed to be updated to align with updates within the 2040 Comprehensive Plan, which was adopted in 2019, as well as other planning documents that have been recently approved (e.g. Downtown Redevelopment Plan and the Trunk Highway 3 Corridor Small Area Plan). MN state law requires that a city's Zoning Code be consistent with its Comprehensive Plan. Since city staff has previously provided a detailed overview of the proposed updates being considered for the Zoning Code, this memorandum is intended to provide a brief summary of the key updates to help you understand the big picture of this project and help draw your attention to the most significant updates. Summary of Key Updates Restructuring of Zoning Districts In the previous 2030 Comprehensive Plan, the Land Use Plan chapter used the City's zoning districts as the land use categories.As a best practice, land use categories are typically higher level and more general than zoning districts. A key update within the 2040 Comprehensive Plan was to establish new land use categories. As a result, the City's zoning districts are in need of significant restructuring to align with 2040 Comprehensive Plan's land use categories.As part of restructuring the zoning districts, the current zoning districts were evaluated and opportunities were identified for consolidating, simplifying, and eliminating districts where appropriate. The key updates to zoning districts include the following: Hoisington Koegler Group,Inc. 123 North Third Street,Suite 100 Minneapolis, Minnesota 55401 (612) 338-0800 Fax(612)338-6838 www.hkgi.com 1. Downtown residential districts (R-D and R-T) consolidated into a single R-D district; 2. R-5 district renamed to R-4, since the previous R-4 district had been eliminated in the past; 3. Business districts consolidated by eliminating the B-4 district and consolidating it into other appropriate districts; 4. Mixed use districts (MU and MUCR) consolidated into a single MUCR district; 5. Industrial districts (I-1 and IP) consolidated into a single I district; 6. B/CF district converted to MUCI district to align with new MUCI land use category in the Comprehensive Plan; 7. Spruce Street Commercial (SSC) district transitioned to Spruce Street Mixed Use (SSMU) district to reflect the mix of uses allowed and being developed in that district; Planned Unit Development (PUD) Overlay District The proposed updates to the PUD are intended to simplify and condense this overlay district for easier interpretation and implementation by the development community and city staff. These changes help to clarify and streamline the Planned Unit Development process and make it more criteria based. Design Standards in Chapter 6 The three sets of design standards located in Chapter 6 have been relocated to Chapter 5 as part of the appropriate base or overlay zoning district as follows: 1. Industrial Park Design Standards (10-6-20) — added to the proposed consolidated Industrial district (10-5-17); 2. Spruce Street Commercial, Mixed Use, and Business/Flex Design Standards (10-6-21) — converted into the new SS- O Spruce Street Overlay District (10-5-24); 3. Downtown Commercial Overlay District Design Standards(10-6-28)—relocated to Chapter 5 with the other overlay districts. Some of these design standards related to screening and landscaping are general standards, so have been relocated to either the Screening (10-6-9)or Landscaping (10-6-10) sections in Chapter 6. As a result of relocating these design standards, sections 10-6-20, 10-6-21, and 10-6-28 can be eliminated from the Zoning Code. Downtown Redevelopment Plan As recommended by the Downtown Redevelopment Plan, the following updates are proposed: 1. Changes to the DC-0 Downtown Commercial Overlay District standards; 2. Expanded the boundary of the overlay district; 3. Specific rezoning of parcels in the downtown area. 2 Trunk Highway 3 Corridor Small Area Plan As recommended by the Trunk Highway 3 Corridor Small Area Plan, the following updates are proposed: 1. Created the new HW3-0 Highway 3 Overlay District; 2. Added the overlay district to the Zoning Map; 3. Specific rezoning of parcels in the Highway 3 corridor. O f f-Street Parking Standards The primary focus was reviewing and updating the Required Parking Spaces table, Shore Land Management Regulations This section of has been updated to align the City's shore land management regulations 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). Zoning Map The proposed changes to the Zoning Map shown are primarily based on guidance from the 2040 Comprehensive Plan's Future Land Use Map, the Downtown Redevelopment Plan, and the Trunk Highway 3 Corridor Small Area Plan.The two new overlay districts—SS-0 and HW3-0—are shown on this map. The DC-O overlay district is shown as a change because the boundary of the district is being expanded east to 5t" Street. Proposed Code Amendment Attachments Attached to this memorandum please find the following draft amended code sections: • Title 10, Chapter 2 - Definitions • Title 10, Chapter 5 - Districts and District Provisions, which includes all of the base districts and overlay districts • Title 10, Chapter 6, Section 4—Off-Street Parking • Title 10, Chapter 6, Section 9—Screening • Title 10, Chapter 6, Section 10 - Landscaping • Title 10, Chapter 6, Section 18—Shore Land Management Regulations Attached also is the Proposed Zoning Map Changes. 3 Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: TITLE 10 Zoning Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: Terms not defined in this chapter shall have the meanings customarily assigned to them as a matter of usage.The defined words which follow shall be interpreted accordingly: A-FRAME SIGN:A portable two(2)sided sign,often commonly referred to as a sandwich board sign, at two feet(2')in width and three feet(3)in height. ACCESSORY APARTMENT:A dwelling unit which is subordinate to a permitted principal one-family residence in terms of size,location and appearance and located on the same lot therewith. ACCESSORY STRUCTURE:A structure on the same lot with,and of a nature customarily incidental and subordinate to,the principal structure including,but not limited to,an attached or detached garage, storage shed or gazebo. ACCESSORY USE:Any use customarily incidental and subordinate to the principal structure or use and located on the same lot. AGRICULTURE;AGRICULTURAL:The production of livestock,dairy animals,dairy products,poultry or poultry products,furbearing animals,horticultural or nursery stock,fruit,vegetables,forage,grains, timber,trees,or bees and apiary products. AGRICULTURE SERVICES:A use primarily engaged in the repair or rental of farm tools and implements,feed,grain,tack,animal care products and farm supplies.This definition excludes the sale of large implements such as tractors and combines,but includes farm machinery repair services that are accessory to the principal use. ANIMAL CLINIC:An establishment where animals are treated and/or hospitalized by veterinarians.An establishment for the care,observation and treatment of small animals,including household pets. ANIMATED SIGN:Any sign that uses movement or change of lighting to depict action or create a special effect or scene. ANTENNA:Any structure or device used for the purpose of collecting or transmitting electromagnetic waves,including,but not limited to,directional antennas,such as panels,microwave dishes,satellite dishes,and omnidirectional antennas,such as whip antennas. AREA IDENTIFICATION SIGN:A freestanding sign which identifies the name of a neighborhood,a residential subdivision,a multiple residential complex of three(3)or more structures of ten(10)or more units,a shopping center consisting of three(3)or more separate structures,an industrial area consisting of three(3)or more structures or any combination of the above. AUCTION HOUSE:A place of business that conducts auctions on site. AUTO REPAIR,MAJOR:General repair, rebuilding or reconditioning of engines,motor vehicles or trailers,including bodywork,framework,welding and major painting service. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: AUTO REPAIR,MINOR:The replacement of any part or repair of any part which does not require removal of the engine head or pan,engine transmission or differential; incidental body or fender work, minor painting and upholstering service;or minor automotive service including changing oil and transmission fluid. AUTO SALES:The use of any building or land area for the display and sale of new or used automobiles,trucks,vans,or recreational vehicles including any major or minor automobile repair or service uses conducted as an accessory use. AVERAGE BUFFER WIDTH:The average width of a buffer area within a single development lot or phase. AWNING:A canopy,hood,cover,or other fabric,plastic,or structural protective cover over a door, entrance,window,or outdoor service area intended for protection from the weather or as a decorative embellishment. BANNER:Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges and intended to be displayed for a limited period of time.National flags,state or municipal flags,or the official flag of any institution or business shall not be considered banners. BASEMENT:This includes any area of a structure,including crawl spaces, having its floor below ground level on all four(4)sides,regardless of the depth of excavation below ground level. BEACONS:Any light with one or more beams,capable of being directed in any direction or directions or capable of being revolved automatically. BED AND BREAKFAST:A structure used as a lodging establishment where a guestroom or guestrooms are rented on a nightly basis and in which only breakfast is included as part of the basic compensation. BED AND BREAKFAST UNIT:A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping,but not for cooking or eating purposes. BENCH SIGN:A sign attached to or painted on a bench for seating. BILLBOARD:A sign that directs attention to a business,commodity,service,or entertainment conducted,sold or offered at a location other than the premises on which the sign is located. BOARD:The board of adjustment established by this title. BOATHOUSE:A structure designed and used solely for the storage of boats or boating equipment. BOULEVARD TREE ROUTE:City designated route that includes major collector streets on the city's thoroughfare plan that are allowed to be planted with boulevard trees within the right of way. BOULEVARD TREES:Trees on land lying between the edge of curb and the property line within the city or located in new developments on city approved boulevard tree routes. BREWERY:A facility that produces beer,ale or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. BREWERY,SMALL:A brewery that produces not more than twenty thousand(20,000)barrels of malt liquor in a calendar year as regulated by Minnesota statutes,as may be amended. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: BREWPUB:A small brewery with a restaurant use operated on the same premises as the brewery. BUFFER AREA:An undisturbed or reestablished vegetated area adjacent to a wetland that is an integral part of protecting the wetland ecosystem through filtering pollutants and providing adjacent habitat. BUILDABLE AREA:The space remaining on a lot after the minimum setback and open space requirements of this title have been met. BUILDING:Any structure intended for the shelter,support or enclosure of persons,animals or property of any kind. BUILDING HEIGHT:The maximum possible distance measured adjacent to the building foundation at right angles from the natural undisturbed ground slope and natural grade to the highest possible point of a structure.The exceptions are chimneys,flues,vents or similar structures that may extend two feet (2)above the specified maximum height limit. BUILDING LINE:A line parallel to a lot line or the ordinary high water level at the required setback, beyond which a structure may not extend toward the water. BUILDING SETBACK:The distance between the building line and the property line or,in the case of a shore land yard,the ordinary high water level,or in the case of a lot containing all or a portion of a wetland,the nearest edge of the wetland buffer area.Building setbacks may also be measured from the street edge or back of curb in instances where the yard space has a separate or common ownership from the building or unit.This is typical practice with multi-family units such as townhomes. BUS TERMINAL:Any structure or land devoted principally to the servicing,fueling,repair,storage,or leasing of passenger buses. CANOPY TREES:Those species of deciduous trees with leaves that typically drop in the fall,that reach a height of thirty feet(30')to seventy feet(70')or taller at maturity and which are usually grown with lower limbs removed to preserve visibility. CANOPYMALKWAY:A permanent rooflike structure or cover which projects from the wall of a building,or projects over any entrance of a walkway.A marquee is not a canopy. CAR WASH:Any building or portion thereof used for the cleaning or washing of motor vehicles. CEMETERY:A parcel or tract of land used for the burial of the dead including columbaria, crematoriums,mausoleums and mortuaries when operated within the boundaries of such cemetery. CERTIFICATE OF OCCUPANCY:A certificate issued by the building inspector for any structure built or change of use within any structure before it is occupied. CHILD DAYCARE CENTER,COMMERCIAL:A facility other than a private residence,receiving one or more minor children for regular shelter,care,activity and supervision where the parents or guardians are not immediately available to the child. CHURCH:A building,together with its accessory buildings and uses,where persons regularly assemble for religious worship. CITY BOULEVARD:Area between property lines on either side of all streets,avenues,or ways within the city. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: CLINIC:Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.A facility providing dental,medical,psychiatric,or surgical service for sick or injured persons exclusively on an outpatient basis,including emergency treatment,diagnostic services, training,administration,and services. CLUB:Any establishment operated for social, recreational or educational purposes but open only to members and guests and not to the general public. CLUSTER PLANTINGS:A grouping of three(3)or more plants installed in close proximity to one another. COCKTAIL ROOM:An area for the on-sale consumption of distilled spirits on the premises of or abutting a microdistillery and in common ownership to the producer,which may include sales of beverages produced and packaged at the microdistillery for off premises consumption as may be allowed by Minnesota statutes,as may be amended. COFFEE SHOP:A small restaurant and/or cafe where assorted drinks and food items are sold to the general retail public. COMMERCIAL RECREATION, INDOOR:A commercial recreational use available to the general public that is completely contained within a building. COMMERCIAL RECREATION,OUTDOOR:A commercial recreational use available to the general public that is outside a building. COMMERCIAL RECREATIONAL USES:The provision of entertainment,games of skill or lessons to the general public for a fee,including,but not limited to,dance and karate studios,golf driving range, archery,and miniature golf. COMMERCIAL SERVICES:Retail establishments that primarily render services rather than goods. Such services may include,but not be limited to,copy shops,printing services,package and postal service,photo processing,janitorial services and similar services. COMMERCIAL VEHICLE:Any vehicle used for commercial purposes including,but not limited to: trailers,motorized wheeled or tracked vehicles or vehicles displaying company signage,company logos,commercial equipment,fixtures or tools. (A) Class I:Vehicles with a gross vehicle weight rating(GVWR)of more than eighteen thousand (18,000)pounds,or any of the following types of vehicles regardless of weight,including,but not limited to:semitrailers,the tractor portion of semitrucks,garbage trucks,tank trucks,dump trucks,flatbed trucks,tow trucks,cattle trucks,coach buses or school buses designed to carry more than twenty(20)persons or any similar vehicle. (B) Class ll:All vehicles other than class I commercial vehicles including pickup trucks,vans, trailers and school buses designed to carry twenty(20)persons or less. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services,including cellular,personal communication services(PCS),specialized mobilized radio(SMR),enhanced specialized mobilized radio(ESMR),pager,and similar services that are marketed to the general public. COMMISSIONER:The commissioner of the department of natural resources. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: COMMUNITY SOLAR GARDEN:A solar electric array with multiple subscribers connected to the utility grid and where subscribers may purchase a portion of the power produced by the array and receive a credit on their electric bill.Utility customers within the community solar garden service area can consist of,but not be limited to,residences,businesses,local units of government,nonprofits and faith based organizations. CONDITIONAL USE:A listed specific type of structure or land use that may be allowed but only after review and with appropriate conditions or restrictions as provided in the zoning ordinance. CONDITIONAL USE PERMIT:A permit issued by the planning commission in accordance with procedures specified in this title as a flexibility device to enable the commission to assign dimensions to a proposed use or the conditions surrounding it after consideration of adjacent areas and their functions and the special problems which the proposed use presents. CONDOMINIUM:Real estate,portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. CONDOMINIUM UNIT:A portion of a condominium,whether or not contained solely or partially within a building,designated for separate ownership,the boundaries of which are described pursuant to Minnesota Statutes Annotated section 515A.2-110. CONSTRUCTION SIGN:A sign placed at a construction site identifying the project or the name of the architect,engineer,contractor,financier or other involved parties. CONVENIENCE STORE,WITH GAS:A small retail establishment that sells groceries,household items and gasoline intended for the convenience of the neighborhood,but does not include automotive service stations or vehicle repair. CONVENIENCE STORE,WITHOUT GAS:A small retail establishment that sells groceries and household items intended for the convenience of the neighborhood,but does not include gas pumps, automotive service stations or vehicle repair. CULTURAL AND EDUCATIONAL USES:Any person(s),partnership,association,corporation or other group whose activities are conducted for civic,cultural,educational or humanitarian motives and/or for the benefits of others.Such uses may include,but are not limited to,schools,museums,art galleries, libraries or cultural or historic centers. DATA CENTER:A centralized repository,either physical or virtual,for the storage,management,and dissemination of data and information pertaining to a business or businesses. DAYCARE FACILITY,IN HOME:A single-family dwelling in which a permanent occupant of the dwelling provides for the care of children or adults.Those receiving care are not all related to the occupant or to each other and are not the legal wards or foster children of the attendant adult.For the purpose of this title,such activities shall meet all requirements of home occupations.The home must meet all state standards for registration and inspections and not exceed state limits for number of clients. DECIDUOUS TREES:Those trees which drop all of their leaves annually,such as ash,maple,oak, linden,etc. DECK:A horizontal, unenclosed platform with or without attached railings,seats,trellises and other features,attached or functionally related to a principal use or site and at any point extending more than three feet(3')aboveground. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS. DENSITY,NET:The number of dwelling units per acre excluding arterial road rights of way,wetlands, water features and other publicly dedicated improvements such as parks and/or stormwater ponds. DENTAL LABORATORY:A facility that produces dental restorations as requested by a licensed dentist.Dental laboratories may produce dentures,crowns,or other dental restorations such as implant crowns. DEVELOPMENT PROJECT SIGN:A temporary sign located on the site of a new development,listing owners,developers,builders and similar identifying information. DIMENSIONAL REQUIREMENTS:A minimum/maximum setback yard requirement or structure height or size established in this code. DISTILLERY:A facility that produces ethyl alcohol,hydrated oxide of ethyl,spirits of wine,whiskey, rum,brandy,gin,or other distilled spirits,including all dilutions and mixtures thereof for nonindustrial use. DISTRICT:A specific zoning district as defined in the city zoning ordinance. DRAINAGEWAY: (A) Any natural,altered or artificial watercourse which has definable beds and banks capable of conducting confined runoff from adjacent lands.Watercourse beds not clearly defined shall be delineated to include that area which would be inundated by runoff resulting from a twenty four (24)hour rainfall having a recurrence interval of once in five(5)years. (B) An altered watercourse is that which has been affected by manmade changes in straightening, deepening,narrowing,or widening the original channel. (C) An artificial watercourse is that which has been artificially constructed by man where there was no previous natural watercourse.The limits of the watercourse bed are confined to that area, which would be inundated by runoff resulting from a twenty four(24)hour rainfall having a recurrence interval of once in five(5)years. DWELLING:A building or portion thereof designed or used exclusively for residential occupancy, as dwelling units,bat-not including hotels,motels, boarding or lodging houses. DWELLING.SINGLE C°� M YUNIT:A detached housing unit containing a single principal dwelling unit. DWELLING TWO-F°,�n" UNIT(DUPLEX)A ^, ^'building containing two(2)principal dwellina units on the same lot. DWELLING THREE-TO FOUR-UNIT(TRIPLEX QUAD):A building containing three or four principal dwelling units on the same lot. DWELLING TWIN HOME:A buildina containing two(2)attached dwelling units side by side that share common walls at the lot line and that are on separate lots. DWELLING, HOUSE:Sinale-faffily attached units in structures housing three(3)or more continuous dwellings sharina a common wall each having separate front and rear entrances: e structures are a row—type hous not to exceed sixteen(16)units in each structure. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: Formatted:Indent:Left: 0.5' DWELLING,MU TIP EFAMI YAPARTMENT:AdweNinqbuildingorgroupofdwe8iags buildings on one lot containing five(5)or more separate dwelling units feF thF89(3)OF farniPes,having separate or joint entrances,and including apartments,4ow44eases and condominiums. DWELLING,APARTMENT I COMMERCIAL:A building designed for one(1)or more dwelling units as well as non-residential uses that are permitted in the zoning district to be located on the ground story,with all dwelling units sharing a ioint entrance from the outside. that shape SOFA—- e otline an-fl—at we @A fiepwaie etf'= aFP SITE:A designated location for residential use by one or more persons usin temporary or movable shelter, including camping and recreational vehicle sites. ELECTION SIGN:A temporary sign which displays information pertaining to an upcoming governmental district,city,county,state or national election. EQUAL DEGREE OF ENCROACHMENT:A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. EQUIPMENT MAINTENANCE AND STORAGE FACILITY:A facility for maintenance,repair or storage of equipment on property owned by the owner of said equipment. ESSENTIAL SERVICES:Underground or overhead gas,electrical,steam,water or other transmission or distribution systems;collection,communication,supply or disposal systems, including towers, poles, wires,mains,drains,sewers,pipes,conduits,cables,fire and alarm systems,traffic signals,hydrants and similar equipment,but not including buildings. EVERGREEN TREES:Those trees that retain their leaves during dormancy,such as pine,spruce, juniper,yews,fir,etc. EXTRACTIVE USE:The use of land for surface or subsurface removal of sand,gravel, rock,industrial materials,other nonmetallic minerals,and peat not regulated under MSA sections 93.44 to 93.51. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: FACADE:That portion of any exterior elevation on the building extending from grade to the top of the parapet,wall or eaves and the entire width of the building elevation. FAMILY:One or more persons related by blood,marriage,adoption or foster parent relationships occupying a dwelling and living as a single housekeeping unit,or a group of not more than four(4) persons not so related,maintaining a common household and using common cooking facilities.Family does not include any society,fraternity,sorority,club,association or other like organization. FEEDLOT:A lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising,or holding of animals and specifically designed as a confinement area in which manure may accumulate,or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure.For purposes of this title,open lots used for the feeding and rearing of poultry(poultry ranges)shall be considered to be animal feedlots.Pastures shall not be considered animal feedlots under this title. FLAG:Any fabric or bunting containing distinctive colors,patterns,or symbols,used as a symbol of a government,political subdivision,or other entity. FLASHING SIGN:An illuminated sign on which the artificial light is not maintained constant in intensity and color at all times in which such sign is in use or any sign which,by mechanical means,appears to simulate a flashing sign. FLOOD:A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in inundation of normally dry areas. FLOOD FREQUENCY:The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE:That portion of the floodplain outside of the floodway.Flood fringe is synonymous with the term"floodway fringe"used in the"Flood Insurance Study For Dakota County,Minnesota,And Incorporated Areas". FLOODPLAIN:The channel or beds proper and the areas adjoining a wetland,lake,or watercourse which have been or hereafter may be covered by a regional flood.Floodplain areas within Farmington shall encompass all areas designated as zone AE and zone A on the flood insurance rate map. FLOODPROOFING:A combination of structural provisions,changes or adjustments to properties and structures subject to flooding,primarily for the reduction or elimination of flood damages. FLOODWAY:The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. FLOOR AREA:The sum of the gross horizontal areas of several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls. FOOD PROCESSING FACILITY:A facility that transforms raw ingredients into food or transforms food into other forms for consumption by humans or animals either in the home or by the food processing industry. FUNCTIONAL VALUE INDEX:A number value from 0.1 to 1.0 given to a functional value for a wetland. FUNERAL HOME:A building that provides facilities for funerals;a chapel for funeral services;rooms for viewing the remains in caskets(slumber rooms,reposing rooms,viewing rooms,visitation rooms) before final services or cremation;rooms for preparation of bodies(embalming,cosmetic treatment and Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: clothing of the deceased);display rooms and storage for caskets;garages for hearses and other equipment;and administrative offices.A funeral home may include family living quarters for the funeral director/owner. GARAGE,ATTACHED:An accessory structure of a principal structure which is intended for and used to store the private passenger vehicles and trucks not exceeding twelve thousand(12,000)pounds' gross weight,of the family or families resident upon the premises,and in which no business service or industry is carried on.Access to a garage requires a paved driveway. GARAGE,DETACHED:An accessory structure that is detached from the principal building with the ability to park a vehicle within the structure and that requires a garage door.The accessory structure is to be constructed of similar materials as the principal structure. GOLF COURSE:The land upon which individuals play the game of golf,with a green and a flag.The golf course may include a clubhouse,and various accessory buildings and related practice facilities and areas such as a driving range. GREENHOUSES AND NURSERIES,COMMERCIAL:A retail establishment for the growth,wholesale and/or display of plants,shrubs,trees and landscape material used in indoor and outdoor planting, conducted within or without an enclosed building. GROCERY STORE:A place of business established primarily for the retailing of food. GROUND COVER:Low growing plants or turf grass installed to form a continuous cover over the ground surface. GROUP DAYCARE:A facility that provides nonmedical care for children or adults in need of personal services,supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four(24)hour basis. GROUP DAYCARE CENTER,COMMERCIAL:Any state licensed facility,public or private,which for gain or otherwise regularly provides one or more persons with care,training,supervision,habilitation, rehabilitation,or developmental guidance on a regular basis,for periods less than twenty four(24) hours per day,in a place other than the person's own home.Commercial group daycares include,but are not limited to:family daycare homes,group family daycare homes,daycare centers,day nurseries, nursery schools,daytime activity centers,day treatment programs and other"nonresidential programs" as defined by MSA section 245A.02,subdivision 10. GROUP HOME:A building or residence licensed by the state as a rooming or boarding house and that provides lodging,care and daily assistance for people that are unable to live independently,such as the elderly,mentally ill,or chemically dependent. HEALTH CLUBS:A facility where members or nonmembers use equipment or space for the purpose of physical exercise. HOME OCCUPATION:An occupation or profession that is accessory to a residential use;carried on by a member of the family residing in the dwelling unit,clearly incidental and secondary to the use of the building for dwelling purposes. HOMEOWNERS'ASSOCIATION:An organization consisting exclusively of all unit owners which possesses certain powers and authority over common elements in planned unit developments, condominiums,townhomes or other property. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: HORTICULTURE:The growing of garden vegetables,small fruit,orchards,flowers and shrubs or trees. HOSPITAL:An institution providing health services primarily for human inpatient medical and surgical care for the sick or injured and including related facilities such as laboratories,outpatient departments, training facilities and staff offices that are an integral part of the facilities. HOTEL:A building in which there are more than eight(8)sleeping rooms offered with or without meals for compensation and open to transient or permanent guests where no provision is made for cooking in any individual room or apartment. ILLUMINATED SIGN:Any sign which has characters,letters,designs or outlines illuminated by artificial light directly to or from the interior of the sign. IMPERVIOUS SURFACE:A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes surfaces such as compacted sand, lime rock, or clay,as well as most conventionally surfaced streets, roofs,sidewalks,parking lots,and other similar structures. IMPOUND LOT:Any structure or land devoted principally to the storage of impounded vehicles or recreational vehicles with or without an office on the premises for the release of those types of vehicles. The impounded vehicles need to be parked in a building or in the rear of a building and any outside parking needs to be one hundred percent(100%)screened. INTEGRAL SIGN:A sign carrying the name of a building,its date of erection,monumental citations, commemorative tablets and the like when carved into stone or made of bronze,or other permanent type of material and made an integral part of the structure. INTENSIVE VEGETATION CLEARING:The complete removal of trees or shrubs in a contiguous patch,strip,row or block. INTERIOR PARKING LOT LANDSCAPING:Any landscape material located within a paved parking area planted with live plant material,such as trees,shrubs,ground cover,or turf grass. KENNEL,COMMERCIAL:Any place where four(4)or more dogs(male or female)over six(6)months of age,or more than ten(10)cats(male or female)over six(6)months of age,or more than ten(10) ferrets(male or female)over six(6)months of age,or any combination thereof, not including offspring under seven(7)months of age,are commercially kept,boarded,trained or offered for sale except when located in a pet shop or animal clinic.A kennel may include secured outdoor runs and/or play areas. KENNEL, RESIDENTIAL HOBBY:Any building,structure,enclosure or premises located on a residentially used property where four(4)or more dogs(male or female)over six(6)months of age are kept or maintained. LED MESSAGE SIGN:A sign that displays information, in a stationary or moving format,by passing electricity through light emitting diodes. LANDSCAPE MATERIAL:Such living material as trees,shrubs,ground cover/vines,turf grasses(sod), and nonliving material such as:rocks,pebbles,sand,bark,mulch,brick pavers and earthen mounds; and/or other items of a decorative or embellishment nature such as:fountains,pools,walls,fencing, sculpture,etc. LANDSCAPED OPEN SPACE:All land within the property lines not covered by structures or sidewalks, drives,patios,pavement or similar surfaces. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: LANDSCAPING:Bringing the soil surface to a smooth finished grade,or designing the soil surface with berms, installing sufficient trees,shrubs,ground cover,grass,and other landscape materials to soften building lines,provide shade,promote positive environmental effects,and generally produce a pleasing visual effect on the premises. LIGHT MANUFACTURING:The processing and fabrication of certain materials and products where no process involved will produce noise,vibration,air pollution,fire hazard or noxious emission which will disturb or endanger neighboring properties. LIMITED COMMERCIAL VENTURE:A commercial establishment conducted in a residential structure located on a residentially zoned parcel of land and in which the structure has been designated or determined eligible as a Farmington heritage landmark and/or is listed on the National Register for Historic Places.Such uses include Class I restaurant,catering centers,reception facilities,meeting or conference facilities,professional office uses,museums,art galleries,antique shops,craft boutiques,or other uses deemed similar by the Zoning Administrator. LOADING BERTH:An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods,wares,materials and merchandise. LOT:A parcel of land occupied or capable of being occupied by one or more structures,having principal frontage on a public street and intended as a unit for transfer of ownership. LOT AREA:The area of a lot in the horizontal plane bounded by the lot lines but not including any area occupied by the waters of a lake or river or area which has been dedicated or intended as an easement for a public thoroughfare or road. LOT,CORNER:A lot situated at the junction of and abutting on two(2)or more intersecting streets. LOT,DEPTH OF:A mean horizontal distance between the front and rear lot lines. LOT FRONTAGE TREES:Trees installed on private property in the front yards of new developments by the developer per the development contract. LOT,MINIMUM AREA:The measurements of a lot computed exclusive of any portions of the right-of- way of any public thoroughfare. LOT OF RECORD:Any lot which individually or as a part of a subdivision has been recorded in the Office of the Register of Deeds of the County. LOT,WIDTH OF:The distance measured between lot lines parallel to the front lot line at the minimum required front yard setback. LOWEST FLOOR:The lowest floor of the lowest enclosed area(including basement). MANUFACTURED HOME:A structure,transportable in one or more sections,which,in the traveling mode,is eight(8)body feet or more in width or forty(40)body feet or more in length,or,when erected on site,is three hundred twenty(320)or more square feet,and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities,and includes the plumbing,heating,air conditioning,and electrical systems contained therein.The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: the United States Secretary of Housing and Urban Development and complies with the standards established under United States Code,title 42. MANUFACTURED HOME FOR FLOODPLAIN:A structure,transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.The term"manufactured home"does not include the term "recreational vehicle". MANUFACTURING FACILITIES:Facilities used for the manufacture,compounding,processing, packaging,treatment or assembly of products and materials that may or may not emit objectionable and offensive influences beyond the lot on which the use is located.Such uses include,but are not limited to:sawmills,refineries,commercial feedlots;acid;cement;explosives;flour,feed,and grain milling or storage;meatpacking and slaughter houses;coal or tar asphalt distillation;rendering of fat, grease,lard or tallow;alcoholic beverages;poisons;exterminating agents;glue or size;lime;gypsum; plaster of paris;tanneries;automobile parts;paper and paper products;glass chemicals,crude oil and petroleum products including storage;electric power generation facilities;vinegar works;junkyard;auto reduction yard;foundry forge;casting metal products;rock,stone,cement products; lumberyards; machine shops;products assembly;sheet metal shops;plastics;electronics;general nonalcoholic beverages;signs and displays;printing;publishing;fabricated metal parts;appliances;clothing;textiles and used auto parts. MARQUEE:A rooflike structure projecting from and attached to a building.Any sign attached to, in any manner,or made a part of a marquee(i.e.,theater marquees). MECHANICAL SALES,SERVICE AND REPAIR:Establishments primarily engaged in the sales, service and repair of tools,trucks,tractors,construction equipment,agricultural implements and similar industrial equipment. Included in this use type is the incidental storage,maintenance and servicing of such equipment. MICRODISTILLERY:A distillery producing premium,distilled spirits in total quantity not to exceed forty thousand(40,000)proof gallons in a calendar year as regulated by Minnesota Statutes,as may be amended. MINERAL EXTRACTION:Any part of the process in the extraction of minerals by removing the overburden and extracting directly from the mineral deposits exposed involving fifty thousand(50,000) cubic yards in a calendar year or,if the activity of removal will last more than one year. MINISTORAGE UNITS:A building or series of buildings consisting of individual,small,self-contained units that are leased or owned for the storage of business and/or household goods. MIXED USE BUILDING:A single building that includes office,retail,or commercial uses on at least one floor and residential apartments or condominiums on upper floors. MODULAR HOMES:A factory built home constructed of prefabricated three-dimensional modules which are then delivered to a building site via separate transport and placed on a foundation in compliance with all Federal, local,and State building codes.The term does not include any structure that is affixed to a permanent chassis or is equipped with wheels and/or axles. MONOPOLE:A wireless communications tower consisting of a single pole or spire supported by a permanent foundation,constructed without guywires and ground anchors. MONUMENT IDENTIFICATION SIGN:A sign identifying by name a residential,commercial or industrial development which is attached to or supported by a monument structure which is Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: freestanding on the ground,extending horizontally for a minimum of eighty percent(80%)of the entire length of the sign face.The sign shall be constructed of any one or combination of the following materials:brick,stone,decorative masonry,plastic,aluminum,colored metals,or decay resistive wood. MOTEL:A building or group of buildings used primarily as a temporary residence for motorists,tourists or travelers. MULTIPLE OCCUPANT SIGN:A sign identifying two(2)or more tenants of a building or shopping center. MUNICIPAL ENTRANCE SIGNS:A sign identifying the city name located along roadways at the borders of the city boundary. NATIVE GRASSES:Those species of perennial grasses other than those designated as noxious weeds by the Minnesota department of natural resources. NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT(NPOD):A discrete,geographically definable area containing at minimum twenty five(25)properties which have buildings,structures,and land linked historically through location,design,setting,feeling,and association. NEIGHBORHOOD SERVICES: Establishments primarily engaged in the provision of frequently or recurrently needed goods or services for household consumption,including,but not limited to,dry cleaning, laundries,tailorings,prepackaged food,household supplies,hardware and other commonly used services. NONCOMMERCIAL NURSERY:A place where trees,flowering and decorative plants and shrubs are grown on site which may be conducted within a building or without and where the items grown are not sold to the general retail public. NONCONFORMING SIGN:Any sign which was lawfully erected and maintained prior to the adoption of this code which fails to conform to all applicable regulations and restrictions of this code. NONCONFORMING STRUCTURE:Any structure permitted by existing city ordinance prior to the adoption of provisions prohibiting such use in such location. NONCONFORMING USE: Use of land,building or structure which does not comply with all regulations of city ordinances governing the zoning district in which such use is located,adopted subsequent to the initiation of said use. NOXIOUS MATTER OR MATERIALS:Material capable of causing injury to living organisms by chemical reaction,or is capable of causing detrimental effects on the physical or economic well being of individuals. NURSING HOME:A licensed establishment having accommodations for the continuous care of two(2) or more invalid,infirm,aged convalescent patients or disabled persons who are not related. OBSOLETE SIGN:Any sign which no longer advertises a bona fide business conducted or products sold. OBSTRUCTION:Any dam,wall,wharf,embankment, levee,dike,pile,abutment,projection, excavation,channel modification,culvert,building,wire,fence,stockpile,refuse,fill,structure,or matter in,along,across or projecting into any channel,watercourse or regulatory floodplain which may impede,retard or change the direction of the flow of water. Chapter DEFINITIONS 10-2-1 ZONING DEFINITIONS: OFFICE:A facility used for conducting the affairs of a business,profession,service,industry or government. OFFICE SHOWROOM:A facility used for the conduct of a business that involves the display and sale of goods or merchandise on the premises. OFFICE WAREHOUSE:A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises. ORDINARY HIGH WATER LEVEL:The boundary of public waters and wetlands;an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape,commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial.For watercourses,the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages,the ordinary high water level is the operating elevation of the normal summer pool. ORDINARY HIGH WATER LEVEL SETBACK:The minimum horizontal distance between a structure, sewage treatment system,or other facility and an ordinary high water level,sewage treatment system, top of a bluff,road highway,property line,or other facility. ORNAMENTAL TREES:Low growing trees including those species of trees that reach a height between fifteen feet(15')to thirty feet(30'). OUTDOOR SALES:Intermittent buying and selling plus leasing and trading of goods,merchandise or materials where such goods are not enclosed within a building. OVERLAY ZONE:A mechanism which provides standards and guidelines for architectural,aesthetic and development controls within a designated zoning district which are more restrictive than those required by code within that district. PAINTED WALL SIGN:A sign which has been painted directly onto a building wall,using the wall material as a base of the sign. PARKING LOT:An off street,at grade,uncovered area, utilized for the temporary storage of motor vehicles. PARKS WITH FACILITIES: Parks that include playground equipment,shelter,ball field, hockey rink, soccer field,or any other similar type facility. PERFORMANCE STANDARDS:Criteria established to control noise,odor,toxic or noxious matter, vibration,fire and explosive hazards,or glare or heat generated by or inherent in uses of land or buildings. PERMITTED USE:A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements,regulations and performance standards of such district. PERSONAL AND PROFESSIONAL SERVICES:Nonretail services involving predominantly the handling of information or the performance of administrative services which may include services provided both on site and off site on a walk in or appointment basis,such as counseling or indirect or nonpersonal service such as real estate,travel agencies,financial agencies,insurance offices and professional services which include,but are not limited to:legal,psychology,and accounting services. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: PERSONAL HEALTH AND BEAUTY SERVICES:The selling of services that involve personal health and beauty care and treatment to clients on a walk in or appointment basis.These services include,but are not limited to:barbershops,beauty salons,nail salons,weight loss services,and tanning salons. PETROLEUM BULK STORAGE:Liquid gasoline,oil,fuel oil or kerosene stored in containers or in tanks aboveground outside of buildings. PLANNED UNIT DEVELOPMENT:A tract of land which contains one or more principal and accessory uses developed under unified ownership or control,the development of which may be unique and of a substantially different character than that of the surrounding district. PLANT COMMUNITY:In reference to plants,an interacting assemblage of plant populations sharing a given habitat. PORTABLE SIGN:A sign not attached to the ground and designed so as to be movable from one location to another. PRINCIPAL STRUCTURE:The main structure for that use to which the premises is devoted and principal purpose for which the premises exists. PRINCIPAL USE:The main use to which the premises is devoted and the principal purpose for which the premises exists. PROJECTING SIGN:A sign displayed perpendicular to the surface of a building. PUBLIC BUILDING:Any building and/or structure owned or operated by a municipality,school district, county,state,or other governmental unit. PUBLIC GARDENS:Include botanic gardens,arboretums,historic landscapes,conservatories,and display gardens.These gardens focus on display,evaluation,conservation,and research of plants in landscaped and natural settings. PUBLIC INFORMATION SIGN:Noncommercial signs in the public interest identifying events or public information. PUBLIC PARKS AND PLAYGROUNDS:Any land owned or leased by the city for the use of the public for active or passive recreation. PUBLIC UTILITY BUILDING:An occupied structure,building or mechanical facility owned and operated by a public or private utility company which occupies less than five hundred(500)square feet of land area. PUBLIC UTILITY SERVICE:The providing of electric power,gas, landline telephone service,sanitary sewer and water,plus storm sewers,where appropriate,to the general public. PUBLIC WATERS:Any waters as defined in MSA section 105.37,subdivisions 14 and 15. PUMP SETBACK:The distance from the street right of way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right of way. PYLON SIGN:Any stationary,self-supporting sign not affixed to any other structure and supported by a pole(s). Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: REACH:A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction.The segment of a stream or river between two(2)consecutive bridge crossings would most typically constitute a reach. READER BOARD SIGN:That portion of a sign used for removable letters and/or numbers to convey messages. REAL ESTATE SIGN:A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease a particular building and/or parcel of property. RECREATIONAL EQUIPMENT,SALES,SERVICE AND REPAIR:A use that sells,services and repairs recreational vehicles and equipment. RECREATIONAL VEHICLE:Any self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle built on a single chassis and four hundred(400)square feet or less when measured at the largest horizontal projection which is used for recreational purposes,including,but not limited to, recreational camping vehicles as defined by Minnesota Statutes Annotated 327.14 subdivision 7,boats, and off highway vehicles such as snowmobiles,trail bikes,motorcycles and other all-terrain vehicles. RECREATIONAL VEHICLE STORAGE FACILITY:Any facility and/or property utilized for the storage, either temporarily or permanently,of recreational vehicles on property not owned by the owner(s)of the recreational vehicle. RECYCLABLE MATERIALS:Materials that are separated from mixed municipal solid waste for the purpose of recycling as defined in the city's solid waste code,including,but not limited to,paper,glass, metals,automobile oil,batteries,cardboard,rubber(excluding tires and wood products). RECYCLING FACILITY:A building used for the collection and processing of recyclable materials. Processing does not include end use manufacturing.The collection and processing of recyclable materials includes the preparation of material for efficient shipment or end users'specifications,by such means as baling,briquetting,compacting,flattening,grinding,crushing,mechanical sorting and shredding. REGIONAL FLOOD:A flood which is representative of large floods known to have occurred generally in Minnesota and characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval.Regional flood is synonymous with the term"base flood" used in the flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION:An elevation no lower than two feet(2')above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from the designation of a floodway. Increases to the regional flood elevation (also referred to as the 1 percent annual chance flood elevation)caused by encroachments on the floodplain that result from the designation of a floodway shall be determined in one of the following ways:a)for zone AE areas,by using the appropriate value in the"increase(feet)"column for the"1- percent-annual-chance flood water surface elevation"from the respective data table in the document titled"Flood Insurance Study, Dakota County,Minnesota And Incorporated Areas"as adopted by reference in subsection 10-5-25(D)1 of this title;or b)for zone A areas,in accordance with the procedures spelled out in subsection 10-5-25(F)3 of this title. RESEARCH FACILITY:Any establishment where research and development are conducted related to activities such as the manufacturing or production of tangible personal property,including medical, technical and scientific research. Chapter DEFINITIONS 10-2-1 ZONING DEFINITIONS: RESIDENTIAL PLANNED USE DEVELOPMENT:A use where the nature of residency is nontransient and the major or primary focus of the development is not service oriented. For example,residential apartments,manufactured home parks,timeshare condominiums,townhouses,cooperatives,and full fee ownership residences would be considered as residential planned unit developments.To qualify as a residential planned unit development,a development must contain at least five(5)dwelling units or sites. RESTAURANTS,CLASS I;TRADITIONAL:An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which does not serve liquor. RESTAURANTS,CLASS II;FAST FOOD CONVENIENCE:Restaurants where customers are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or to be taken to a table or counter to be consumed. RESTAURANTS,CLASS III;WITH LIQUOR SERVICE:An establishment serving both food and alcoholic beverages,but in which the principal business is the sale of such beverages at retail for consumption on the premises. RESTAURANTS,CLASS IV;NONINTOXICATING:An establishment serving food in or on nondisposable dishes to be consumed primarily while seated at tables or booths within a building and which has no on-sale liquor service.On-sale beer and wine permitted as regulated by this code. RETAIL SALES AND SERVICE:A use engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. ROOFLINE:That line at which an exterior wall surface of a building structure departs from a vertical frame. SCHOOL,PRIVATE:Any building or group of buildings, not operated by a public agency or unit of government,the use of which meets compulsory education laws of the state of Minnesota for elementary school,middle school(junior high school),secondary(senior high school),or higher education and which use does not secure the major part of its funding directly from any governmental source and including clinics as an accessory use that primarily serve or support employees of the school and their dependents. SCHOOL, PUBLIC:Any building or group of buildings,the use of which meets compulsory education laws of the state of Minnesota for elementary school,middle school(junior high school),secondary (senior high school),or higher education and which secures all or the major part of its funding from governmental sources and is operated by a public agency or governmental unit and including clinics as an accessory use that primarily serve or support employees of the school and their dependents. SCREENING:A method by which a view of one site from another adjacent site is shielded,concealed, or hidden.Screening techniques include fences,walls,hedges,tree rows,berms,or other features. SEASONAL PRODUCE STANDS:A temporary use for the purpose of selling seasonal produce. SEAT:When referred to in order to determine the number of parking spaces required for a use such as church,theater or stadium,a seat shall equal twenty two inches(22"). SEGREGATED CONDOMINIUM:The condominium consists of a single lot or group of lots within a plat. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: SETBACK:The minimum distance between the related front,side and rear setback lines. SEWAGE TREATMENT SYSTEM:A septic tank and soil absorption system or other individual or cluster type sewage treatment. SEWER SYSTEM:Pipelines or conduits,pumping stations,and force main,and all other construction, devices,appliances,or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. SEXUALLY ORIENTED BUSINESS:A sexually oriented arcade;sexually oriented bookstore;sexually oriented video store;sexually oriented cabaret;sexually oriented conversation/rap parlor;sexually oriented massage parlor;sexually oriented motel;sexually oriented motion picture theater;sexually oriented sauna;sexually oriented theater;escort agency; nude model studio;sexual encounter center; and other premises,enterprises,establishments,businesses,or places open to some or all members of the public,at or in which there is an emphasis on the presentation,display,depiction,or description of "specified sexual activities"or"specified anatomical areas"which are capable of being seen by members of the public. (A) Specified Anatomical Area:Any of the following: 1. Less than completely and opaquely covered human genitals,pubic region,buttocks,and female breasts below a point immediately above the top of the areola; 2. Human male genitals in a discernible turgid state,even if opaquely covered. (B) Specified Sexual Activities:Includes any of the following: 1. The fondling or other erotic touching of human genitals,pubic region,buttocks,anus,or female breasts; 2. Sex acts,normal or perverted,actual or simulated, including intercourse,oral copulation, or sodomy; 3. Masturbation,actual or simulated;or 4. Excretory functions as part of or in connection with any of the activities set forth in subsections(B)1 through(B)3 of this definition. SEXUALLY ORIENTED BUSINESS-ACCESSORY:The offering of retail goods for sale which are classified as sexually oriented uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of sexually oriented books or magazines,or the sale and/or rental of sexually oriented motion pictures. SEXUALLY ORIENTED BUSINESS-PRINCIPAL:The offering of goods and/or services which are classified as sexually oriented uses as a primary or sole activity of a business or establishment and include,but are not limited to,the following: (A) Escort:A person who,for consideration,agrees or offers to act as a companion,guide,or date for another person,or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. (B) Escort Agency:A person or business association who furnishes,offers to furnish,or advertises to furnish escorts as one of its primary business purposes,for a fee,tip,or other consideration. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: (C) Establishment:Means and includes any of the following: 1. The opening or commencement of any sexually oriented business as a new business; 2. The conversion of an existing business,whether or not a sexually oriented business,to any sexually oriented business; 3. The addition of any sexually oriented business to any other existing sexually oriented business;or 4. The relocation of any sexually oriented business. (D) Nude Model Studio:Any place where a person who appears in a state of nudity or displays "specified anatomical areas"is provided to be observed,sketched,drawn,painted,sculptured, photographed,or similarly depicted by other persons who pay money or any form of consideration. (E) Nudity Or State Of Nudity:Is described as follows: 1. The appearance of a human bare buttock,anus,male genitals,female genitals,or female breasts;or 2. The state of dress which fails to opaquely cover a human buttock,anus,male genitals, female genitals,or areola of the female breast. (F) Seminude:A state of dress in which clothing covers no more than the genitals,pubic region, and areola of the female breast,as well as portions of the body covered by supporting straps or devices. (G) Sexual Encounter Center:A business or commercial enterprise that,as one of its primary business purposes,offers for any form of consideration: 1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex;or 2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. (H) Sexually Oriented Arcade:Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically,electrically,or mechanically controlled still or motion picture machines,projectors,or other image producing devices are maintained to show images to five(5)or fewer persons per machine at any one time,and where the images so displayed are distinguished or characterized by the depicting or describing of"specified sexual activities" or"specified anatomical areas". (1) Sexually Oriented Bookstore,Or Sexually Oriented Video Store:A commercial establishment which as a principal business purpose offers for sale or rental for any form of consideration any one or more of the following: 1. 1.Books,magazines,periodicals or other printed matter,or photographs,films,motion pictures,videocassettes or video reproductions,compact discs,computer software, digital recordings,slides,or other visual representations which depict or describe "specified sexual activities"or"specified anatomical areas". Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: (J) Sexually Oriented Cabaret:A nightclub,bar,restaurant,or similar commercial establishment which regularly features: 1. 1.Persons who appear in a state of nudity;or 2. 2.Live performances which are characterized by the exposure of"specified anatomical areas"or by"specified sexual activities';or 3. 3. Films,motion pictures,videocassettes,slides,compact discs,computer software, digital recordings or other photographic reproductions which are characterized by the depiction or description of"specified sexual activities"or"specified anatomical areas". (K) Sexually Oriented Conversation/Rap Parlor:A conversation/rap parlor which excludes minors by reason of age,or which provides the service of engaging in or listening to conversation,talk,or discussion between an employee of the establishment and a customer,if such service is distinguished or characterized by an emphasis on"specified sexual activities"or"specified anatomical areas". (L) Sexually Oriented Massage Parlor:A massage parlor which excludes minors by reason of age, or which provides for any form of consideration,the rubbing,stroking,kneading,tapping,or rolling of the body,if the service provided by the massage parlor is distinguished or characterized by an emphasis on"specified sexual activities"or"specified anatomical areas". (M) Sexually Oriented Motel:A hotel,motel,or similar commercial establishment which: 1. 1.Offers accommodations to the public for any form of consideration;provides patrons with closed circuit television transmissions,films,motion pictures,videocassettes,slides, or other photographic reproductions which are characterized by the depiction or description of"specified sexual activities"or"specified anatomical areas";and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions;or 2. 2.Offers a sleeping room for rent for a period of time that is less than ten(10)hours;or 3. 3.Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten(10)hours. (N) Sexually Oriented Motion Picture Theater:A commercial establishment where,for any form of consideration,films,motion pictures,videocassettes,slides,or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities"or"specified anatomical areas". (0) Sexually Oriented Sauna:A sauna which excludes minors by reason of age,or which provides for any form of consideration,a steam bath or heat bathing room used for the purpose of bathing,relaxing,or reducing,utilizing steam or hot air as a cleaning,relaxing,or reducing agent,if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities"or"specified anatomical areas". (P) Sexually Oriented Theater:A theater,concert hall,auditorium,or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of"specified anatomical areas"or "specified sexual activities". Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: SHED:An accessory structure customarily incidental and subordinate to the principal structure and used primarily for storage purposes. SHORE IMPACT ZONE:Land located between the ordinary high water level of a public water and a line parallel to it at a setback of fifty percent(50%)of the structure setback. SHORELAND: Land located within the following distances from public waters:one thousand feet (1,000')from the ordinary high water level of a lake,pond or flowage;and three hundred feet(300') from a river or stream,or the landward extent of a floodplain designed by ordinance on a river or stream,whichever is greater.The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. SHRUBS:Any self-supporting,woody plant of a species that normally grows to an overall height of less than fifteen feet(15')in this region. SIGN:A name,identification,description,display,illustration,structure,device which is affixed to,or painted,or represented directly or indirectly upon a building or other outdoor surface or a piece of land, and which directs attention to an object,product,place,activity,person,institution,organization or business.A sign shall be considered as a structure or part of a structure for the purpose of applying yard and height regulations. SIGN AREA:That area measured within the perimeter lines of the sign which bears the advertisement; or in the case of messages,figures,or symbols,including those attached directly to any part of a building.The sign area encompasses the extreme limits of the written message,representation, emblem or other display used to convey the message of the sign,together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.The area of the sign face with more than one sign face shall be computed by adding together the area of all sign faces readable from any one point.When two (2)identical sign faces are readable from any one point,both shall be computed.When two(2)identical sign faces are placed back to back,the sign area shall be computed by the measurement of one of the faces provided that both faces are not readable from any one point and the angle at which the two(2) sign faces are placed does not exceed forty five degrees(45°). SIGN GRADE:The elevation or level of the ground at the place the sign is to be erected. SIGN HEIGHT:The height of a sign shall be measured from the base of the sign at the adjacent curb elevation to the top of the highest attached component of the sign. SIGNIFICANT HISTORIC SITE:Any archaeological site,standing structure,or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites,or is determined to be an unplatted cemetery that falls under the provisions of MSA section 307.08.A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society.All unplatted cemeteries are automatically considered to be significant historic sites. SINGLE OCCUPANT SIGN:A sign identifying one tenant of a building or in a development. SNIPE SIGN:Any sign of any material whatsoever that is attached in any way to a utility pole,tree or any object located or situated on public property. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: SOLAR ENERGY SYSTEM:A set of devices whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy using processes,or to produce generated power by means of any combination of collecting,transferring,or converting solar generated energy. SPECIAL EVENT SIGN:A sign,temporary in nature and not permanently attached to the ground, announcing a special communitywide event or activity conducted by,sponsored by,or on behalf of the city of Farmington,or another governmental entity,or a charitable or a not for profit organization. SPECIAL RECYCLING ACTIVITY:Recycling activity associated with nonprofit community organization events or fundraisers which have obtained a special recycling activity permit pursuant to section 7-1-3 of this code.Each nonprofit organization shall be limited to four(4)72-hour events per year. SPRUCE STREET COMMERCIAL DISTRICT:Area legally described as follows:Beginning at the point of intersection with the centerline of CSAH 50 and the centerline of CSAH 31 in the City of Farmington, Minnesota,County of Dakota;thence easterly from said point along said centerline of CSAH 50 to the point of intersection with the centerline of CSAH 50 and the centerline of Denmark Avenue;thence southerly from said point along said centerline of Denmark Avenue to the point of intersection with the centerline of the South Creek of the Vermillion River;thence westerly from said point along said centerline of the South Creek of the Vermillion River to the point of intersection the westerly line of Section 36,Township 114 North, Range 20 West;thence northerly from said point along said line of Section 36,Township 114 North, Range 20 West to the point of beginning. STABLES AND RIDING ACADEMIES:Any structure and/or land use designed or arranged for the boarding,training or riding of horses. STEEP SLOPE: Land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics,as mapped and described in available county soil surveys or other technical reports,unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance.Where specific information is not available,steep slopes are lands having an average slope over twelve percent(12%),as measured over horizontal distances of fifty feet(50)or more that are not bluffs. STORABLE SWIMMING POOL:A pool with nonmetallic,molded polymeric walls or inflatable fabric walls constructed on or above the ground and is so constructed that it may be readily disassembled for storage and reassembled to its original integrity. STRAIGHT TRUCKS:A vehicle used to carry large or heavy loads that is nonjointed and is not a semitractor trailer truck. STREET:For purposes of this title,any reference to street herein shall mean any street or roadway, public or private,but not to include private driveways. STREETS, PRIVATE:Any road or street that is not publicly owned and maintained and used for access by the occupants of the development,their guests,and the general public. STREETS, PUBLIC:A public roadway,constructed within the boundaries of an officially deeded and accepted public right of way,which affords access to abutting property. STRUCTURE:Anything constructed or erected,the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground,including,but not limited Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: to,buildings,billboards,carports,porches,signs, retaining walls,decks and other building features,but not including sidewalks,drives,fences and patios. SUBDIVISION:Land that is divided for the purpose of sale,rent,or lease, including planned unit developments. SUBSTANTIAL IMPROVEMENT:Within any consecutive three hundred sixty five(365)day period,any reconstruction,rehabilitation(including normal maintenance and repair),repair after damage,addition, or other improvement of a structure,the cost of which equals or exceeds fifty percent(50%)of the market value of the structure before the"start of construction"of the improvement.This term includes structures that have incurred"substantial damage",regardless of the actual repair work performed.The term does not, however,include either: (A) Any project for improvement of a structure to correct existing violations of state or local health, sanitary,or safety codes specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (B) Any alteration of a"historic structure",provided that the alteration will not preclude the structure's continued designation as a"historic structure". SUPPLY YARD:A commercial establishment storing or offering for sale building supplies,steel supplies,coal,heavy equipment,feed and grain and similar goods.Supply yards do not include the wrecking,salvaging,dismantling or storage of automobiles and similar vehicles. TAPROOM:An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of a brewery or an abutting property in common ownership of the brewer, which may include sales of malt liquor produced and packaged at the brewery for off premises consumption as allowed by Minnesota statutes,as may be amended. THEATER:A facility devoted to showing of motion pictures or for dramatic,dance,musical or other live performance.Such facilities may include related services such as food and beverage sales and other concessions. TOE OF THE BLUFF:The lower point of a fifty foot(50)segment with an average slope exceeding eighteen percent(18%). TOP OF THE BLUFF:The higher point of a fifty foot(50')segment with an average slope exceeding eighteen percent(18%). TOWER:Any ground or roof mounted pole,spire,structure or combination thereof taller than fifteen feet(16),including supporting lines,cables,wires,braces,and masts,intended primarily for the purpose of mounting an antenna,meteorological device,or similar apparatus above grade. TOWER,MULTIUSER:A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER,SINGLE USER:A tower to which is attached only the antennas of a single user,although the tower may be designed to accommodate the antennas of multiple users as required in this code. TRAFFIC DIRECTIONAL SIGN:A sign for the purpose of guiding vehicular and pedestrian traffic in a safe and convenient manner and which bears no advertising information. TRAVEL TRAILER AND BOAT STORAGE FACILITY: Indoor or outdoor facility for the storage of trailers,boats and other such recreational vehicles. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: TREES:Any self-supporting,woody plant of a species which normally grows to an overall minimum height of fifteen feet(15)in this region. TRUCK TERMINAL:Any structure or land devoted principally to the receipt,transfer,short term storage,and dispatching of goods transported by truck. TURF:A species of perennial grass grown as permanent lawns or for landscape purposes as distinguished from those species grown for agricultural or commercial seed purposes. VARIANCE: (A) (A)A waiving by the board of adjustment of literal provisions of this zoning title. (B) A modification of a specific permitted development standard required in this title to allow an alternative development standard not stated as acceptable,but only as applied to a particular property for the purpose of alleviating a hardship,practical difficulty or unique circumstance. VEGETATION, NATIVE:The presettlement group of plant species native to the local region,that were not introduced as a result of European settlement or subsequent human introduction. WALL SIGN:A sign affixed directly to the exterior wall or screening surface and confined within the limits thereof and which projects from that surface less than fifteen inches(15")at all points. WAREHOUSE RETAIL:A facility used for the conduct of a business that involves the storage and distribution of goods or merchandise from the premises that also contains a retail component that comprises less than thirty percent(30%)of the total floor area occupied.No outdoor display or storage is allowed with this use. WAREHOUSING FACILITY:A building and/or facility used primarily for the extended storage of goods and materials. WATER ORIENTED ACCESSORY STRUCTURE OR FACILITY:A small,aboveground building or other improvement,except stairways,fences,docks and retaining walls,which,because of the relationship of its use to a surface water feature,reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos,screen houses,fish houses,pump houses and detached decks. WETLAND: Lands transitional between terrestrial and aquatic ecosystems,where the water table is usually at or near the surface or the land is covered by shallow water.Consistent with the WCA, wetlands are to be identified and delineated using the methodology set forth in the federal manual for identifying and delineating jurisdictional wetlands(interagency task force on wetland delineation, 1987). For purposes of this definition,wetlands must have three(3)of the following attributes: (A) A predominance of hydric soils; (B) Inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; (C) Under normal circumstances support a prevalence of such vegetation. (D) This definition does not include wetlands created from uplands either: 1)for stormwater storage and management purposes,or 2)by actions not intended to create the wetland and approved, permitted,funded or overseen by a public entity. Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: WETLAND ALTERATION:Human induced actions that adversely impact the existing condition of a wetland or wetland buffer area,including grading,filling,dredging,dumping;cutting,pruning,topping, and clearing native vegetation;and discharging pollutants(except stormwater).Alteration does not include walking,passive recreation,fishing,farming,planting that enhances native vegetation,or other similar activities allowed under the Minnesota wetland conservation act. WETLAND EDGE:The line delineating the outer edge of a wetland.This line shall be established by using the 1987 corps of engineers(COE)wetlands delineation manual(environmental laboratory, 1987). WETLAND ENHANCE:To heighten the value of wetlands or wetland buffers with respect to the purposes of this title. WHOLESALE BUSINESS:A business which sells goods,equipment and materials by bulk to another business or final customer. WINDOW SIGN:Any sign,pictures,symbol,or combination thereof,designed to communicate information about an activity,business,commodity,event,sale,or service,that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. YARD:A required open space on a lot which is unoccupied or unobstructed by a structure from its lowest level to the sky except as permitted in this title.The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. YARD,FRONT:A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right of way line to a depth required in the setback regulations for the zoning district in which such lot is located.For lots that abut more than one street such as corner and through lots,there may be more than one front yard for purposes of calculating setbacks.Front yard setbacks shall apply to all yard spaces adjacent to a street right of way.Front yard setbacks for structures fronting on private streets shall be measured from the back of curb. YARD,REAR:The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. YARD,SIDE:The yard extending along the side lot line between the front yard and the rear yard to a depth or width required by setback regulations for the zoning district in which such lot is located. ZONING DISTRICT:An area or areas within the limits of the City of Farmington for which the regulations and requirements governing use,lot size,buildable area and density are uniform. ZONING OFFICER OR ZONING ADMINISTRATOR:The person designated by the City Administrator to be the Zoning Administrator for the City of Farmington.(Ord.002-469,2-19-2002;amd.Ord.002- 477,7-15-2002;Ord.002-483, 12-2-2002;Ord.003-485,2-18-2003;Ord.003-496,7-7-2003;Ord.004- 511,7-19-2004;Ord.004-513,8-2-2004;Ord.004-519,9-20-2004;Ord.005-526,3-21-2005;Ord.005- 530,5-16-2005;Ord.005-538,7-5-2005;Ord.005-542,9-6-2005;Ord.006-556,5-15-2006;Ord.006- 562,9-18-2006;Ord.007-573,6-18-2007;Ord.008-580,3-3-2008;Ord.008-582,5-5-2008;Ord.008- 583,5-5-2008;Ord.008-586,9-15-2008;Ord.008-596, 12-15-2008;Ord.009-606,7-20-2009;Ord. 009-607,8-3-2009;Ord.010-626,9-7-2010;Ord.011-635,7-18-2011;Ord. 011-640, 11-7-2011;Ord. 014-669,9-2-2014;Ord.015-699,8-17-2015;Ord.015-700,8-17-2015;Ord.015-704, 10-19-2015; Ord.018-737,3-19-2018;Ord.019-746,5-20-2019) FA192 10-03.TXT Chapter 2 DEFINITIONS 10-2-1 ZONING DEFINITIONS: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-1 ZONING MAP: TITLE 10 Zoning Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-1 ZONING MAI. 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 following base and overlay districts shown by the district boundaries on the zoning map.The base districts are: A-1 Agriculture R-1 Low density residential R-2 Low/medium density residential R-3 Medium density residential R-5-4 High density residential R-D Downtown residential B-1 Highway business B-2 Downtown business B-3 Heavy-General business SSMUG Spruce Street seanmercialmixed use MUCI Mixed use commercial/industrial AAixed use Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-3 DISTRICT BOUNDARIES: MUCR Mixed use commercial/residential IR Industrial parr 1 1 industrial P/OS Parks and open space The overlay districts are: PUD Planned unit development overlay Floodplain overlay DC-0 Downtown commercial overlay HW3-0 Highway 3 overlay SS-0 Spruce Street overlay (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 AA=1 Agriculture District is intended to preserve the City's agricultural uses in order to protect farms ^fi'^+'^^ter 22n2n 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 And Density Standards: 1. Minimum Standards: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-5 A-1 AGRICULTURE DISTRICT: 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 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 and 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) They are erected at least fifty feet(50')from the nearest edge of roadway surface. (2) Parking space is provided off the road right-of-way.(Ord.002-469,2-19- 2002) (C) Uses: 1. Permitted: (a) Agriculture. {s��S+aellings;�i+agleSfngle-famityunit-detached dwelling {41gl_G reen houses and nurseries,commercial. E*LdLPublic parks and playgrounds. A(%tL_Recreational vehicle storage facilities. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-5 A-1 AGRICULTURE DISTRICT: 4(9)f�Seasonal produce stands. NLgLSpecialized animal raising facilities. (♦}(h) Truck gardening. 2. Conditional: (a) Aesess Eb}LLAgricultural services. (QLLCemeteries. (d) Chi FGhe-. (OLcLCommercial recreational uses. (#)(d) Community solar gardens. 4OLeLEquipment maintenance and storage facilities. 04ffL_Feedlots. (+)(a) Golf courses. (h) Mineral extraction. (k3(i) Places of worship (y(i) Public and parochial schools. (n4jK_Public buildings and facilities. Nfll_Public utility buildings. (�JgILStables and riding academies. (0LLTowers. 3. Accessory: (a) Accessory aoartment. WLLAccessory structures. (c) Daycare facilities,in home. (d) Home occupations. (e) Kennels, residential hobby. (- (G)(f) Solar energy systems. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT: 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 eXi6ting and future low density � yresidential development with full publiG Lit+litiessing le-unit detached dwellings on larger lots. (B) Bulk And Density Standards: 1. Standards: Lot area: Single-fam4yunit detached 10,000 square feet dwelling Other 17,000 square feet Lot width 75 feet Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Height(maximum 35 feet Maximum lot coverage of all 30 percent structures Net dwel"Rg ROCS aaGFe 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 Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-6 R-1 LOW DENSITY RESIDENTIAL DISTRICT.• 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: (a) Agriculture. fs)L �Qwe'�.,�4:^9"; Single-fa"11nit iietached dwelling (d)Lcj_Group daycare,twelve(12)orles---fewer persons. (d) Group home,six(6)or 4@6s-fewer persons. (e) Manufactured home (f) Public parks and playgrounds.(Ord.002-469,2-19-2002) 2. Conditional: (a) Bed and breakfast. (b) Cemeteries. (G) rh rncec Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MED/UM DENSITY RESIDENTIAL DISTRICT. (d)Lcj_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. (h) Daycare facilities,in home. (b)LcL_Home occupations. (Qfgj_Solar energy systems.(Ord.002-469,2-19-2002) 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose:The R-2 JewLow/n4e4iarr Medium de�y-Density residential Residential distFiGt District provides for a mix of low and medium density residential development including single- unit and two-unit dwellings on smaller lots. devel© . (B) Bulk And Density Standards: 1. Standards: Lot area: Single-fa 4i nit detached 6,000 square feet dwelling Twin home dwelling 44,0905, 000 square feetep r unit Two-taa4unit dwelling 11,000 square feet (5,500 square feet per unit Other 11,000 square feet Lot width*: Single-unit detached 60 feet dwellin SJa9Je-faeri4y Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT: Twin home dwellingTwia 37.5 feet the Two-unit dwelli _gTwe- 75 feet fa" Other 75 feet Front yard setback 20 feet Side yard setback 6 feet(or 0 feet for shared wall) Single family 6 feet T.. ntin6 feet and 0 feet Two(amity 6feet Rear yard setback Single fa"With alley 610 feet Tyain- Without alley 6 feet Two fiara+ly &feet Tnwakiease 4-0 feet Height(maximuml 35 feet Maximum lot coverage of all 35 percent structures Net dwelling URit6 per aGFe SiRgle family 60 Tw*n hnrn 69 Terve-far»ily 35-69 '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: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT: 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 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: fb)LaL_^���,.e4;g,-,- ^g:eSingle-fa-m4yuidetached dwelling. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-7 R-2 LOW/MEDIUM DENSITY RESIDENTIAL DISTRICT. Bwellfags-twmi--jwin home dwelling. (d)Lc)_9welliags;4weTwo4aw,4y.unit dwelling. (e)jdL-Group daycare,twelve(12)or less-fewer persons. (e) Group home,six(6)or less-fewer persons. (f) Manufactured home (g) Public parks and playgrounds.(Ord.012-650, 10-15-2012) 2. Conditional: (a) (b) Bed and breakfast. (c) Cemeteries. (d) GhUFGhe&- (e)jqLCllnics. (#)(e) Funeral homes. (g)Lfj_—Group homes,commercial. NLgLHospitals. (+)(h) Limited commercial venture. m ni e ~ernes (i) Places of worship N(j_Public and parochial schools. ,M(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) Accessoro auartl= (a)LbLAccessory structures. c) Daycare facilities,in home. (t})J�LHome occupations. (s)jg]l_Solar energy systems.(Ord.012-650,10-15-2012) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: (A) Purpose:The R-3 .,e^irn Medium density-Density Fes"dent"al Residential district-District designates areas of+tiety rop vides for medium density residential development with attached housing types of tAwns^mer ;;nd bvwn h^mi-,,nitr in areas with convenient access to jobs, services,public facilities and transit and that;;re IPP.f8d With fU 11 PWbIiG ps 21;d;4 rPqWPAti;4I (B) Bulk And Density Standards: 1. Standards: Lot area: Twin home,Two-Unit,and 5,500 square feet Three-to Four-Unit per unit Dwellings Townhouse dwellings aad 40003,000 square twin herr♦e wits feetep r unit Other 17,000 square feet Lot width: Twin home,Two-Unit.and 37.5 feet per unit Three-to Four-Unit Dwellinqs Townhouse dwellings 480-24 feet per unit Townhouse and bAgon hwnp Gaits Other Front yard setback 25 feet Side yard setback 10 feet Rear yard setback 10 feet Height(maximuml 45 feet Twin home aAd WWRI;euse 46 fee Maximum lot coverage of all 30 percent structures an 12n Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-8 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT: '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 Side yard setback 6 feet Rear yard setback 3 feet With alley I feet Witheutalley 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) Bwelli+�Twin home dwellings. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 R-4 MEDIUM/HIGH DENSITY RESIDENTIAL DISTRICT., (b) Two-unit dwellings (c) Three-to four-unit dwellings ( jdL9we40,gs;4Townhouse dwellings. (ALL (d)f_Group daycare,twelve(12)or less persons. (e)(,gLGroup home,six(6)or less persons. (f)(h) Public parks and playgrounds.(Ord.012-651, 10-15-2012) 2. Conditional: (a) GhUFshes- (b)La)_Group daycare,thirteen(13)to sixteen(16)persons. (s)LbLGroup home,seven(7)to sixteen(16)persons. (d)LcLGroup homes,commercial. Wfg)_Limited commercial venture. (e) Places of worship (g)f�Public and parochial schools. (#)LgLPublic buildings. ,m 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. fb) Daycare facilities.in home. 04LccLHome occupations. (s),(dLSolar energy systems.(Ord.012-651, 10-15-2012) 1!1_5_9 R 1AE-DI111111/ IGH OENSITV RESIDENTIAL OIQTRICT• 10-6-4010-5-9 R-"HIGH DENSITY RESIDENTIAL DISTRICT: (A) Purpose:The R 5 4#ig�High density Density ""� ^'�'Residential district District die areas of the city rop vides for high density residential development of-with attached and multiple- family-unit housing types in areas with convenient access to Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-9 R-5 4 HIGH DENSITY RESIDENTIAL DISTRICT., jobs,services, public facilities and transit and that are served with full publiG utilities and a (B) Bulk And Density Standards: 1. Standards: Lot area 40,000 square feet Townhouse and Three-to 2,400 square feet per Four-Unit dwellings unit Apartment dwellings 1,100 square feet per unit Other 40,000 square feet Lot width 400 feet Townhouse and Three-to 24 feet per unit Four-Unit dwellings Apartment dwellings 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 lot coverage of all 30 percent structures lSiet dwelling units per aGre 12 0* 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 10-5-9 R-5 4 HIGH DENSITY 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 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: (a) Townhouse dwellings (b) BweR+ngsApartment dwellings�y. `ti) (c) Group daycare,twelve(12)or less persons. (d) Group home,six(6)or less persons. (e) Public parks and playgrounds.(Ord.002-469,2-19-2002) 2. Conditional: %fig_Child daycare center,commercial. (G) GhUr'Ghe6- (d)ftL_Clinics. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 R-T DOWNTOWN TRANSITIONAL MIXED USE DISTRICT- (o)Clubs. (Pjdl Funeral homes. (g)Lej_Group daycare,thirteen(13)to sixteen(16)persons. NLS _Group home,seven(7)to sixteen(16)persons. (+)(g) Group homes,commercial. 4)fhl Hospitals. NLjL__Limited commercial venture. Ey(i1 Narsiag-herz�esPlaces of worship #A)f�LPublic and parochial schools. (t4)M_Public buildings. (m) Public utility buildings. WLnL 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 aoartment. (a)LbLAccessory structures. c) Daycare facilities,in home (b)LqL_Home occupations. (s)Lej_Solar energy systems.(Ord.002-469,2-19-2002) in G.11R_T E)OWNTOIAMI TDANCITIGNAI AAIXED UCC DISTRICT: e6de4of areas and to ate ghlbeFhoods that a erdestFi n friendly. (B) Bulk And Density StandaFds� S-44n.dap d6� I At; SiRgle Fly 6,000 squaFe feet Twin home 41-0A9 sgaaFe feet Two family 11,009 sglaFe feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 R-T DOWNTOWN TRANSITIONAL MIXED USE DISTRICT. Tewa#e-,se 15;888 6quaFe feet MuN fammi 10,000 square feet OtheF 11,988 square feet Siagle family 60 feet TN;+a hc)Fn 27 5 feet Two famfly 7 feet Tewn#euse 190 feet Multi family 68 feet €FORt yaFd setback :20 feet Side yaFd setback 6 feet Rear yard etbask 6-feet Height(maximum 25 feet AAgxdm-rm'at Goverage of all 35 peFGeRt OtFVMVFe6 Twin hnrn Two family 6� Tewaheuse Multi family 12 0+ 11A. Stwage shed 240 square fee Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 R-T DOWNTOWN TRANSITIONAL MIXED USE DISTRICT: ApaFtrneai 1,880 square feet l3wi4ng Permit Any aGGeSSOry StFUGtWe ever 200 �ldiRg mateFial The detaGhe.d gaFage shall be pr+esipat strastafe Side yard setbaGk 2 feet Rew yard setbaGk Wth alley a8feet W#hout alley 3-feet Height(Fnaximum)staFage shed 12 feet Height(maximum)detaGhed 20 feet garage ments unless noted.(04 015 693a,4 20 201 fi) aFteFial 6tFeets shall be�fty feet(50')ffGm the plaRRed Fight of way RL-. �. PeFMmnroved. (a) flayGare faGilitiec in home (b) Dwel"R96,GiRgle family. M\ Group dayGaFe twelve(12)or les6 n Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT. << Dwellings,townhouse. (g) DwelliRg� twin heme C9 . (h) Dwellings,two family. 0) Limited GOFAF:neFGial ventwe- (k) QffiGes. (1) mss. (m) PubliG utility buildings.(04 002 469,2 19 2002i arndOFd.002 493, 12 2 200-9i 3. Ascesser (a) AGGes6or 6+r GtUFe6 (b) Home GGGUpation& (G) Solar energy systems (nra nm eao 7 19 2002) 48-1-4210-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT: (A) Purpose:The R-D dewntewn Downtownresidential Residential distticEDistrict recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The pyFpese of R-D district is intended to accommodate existing single-unit. 4 >ty two-fani*Mnit and multi-fano unit residential development and promote infill of SiRgle family, two family and multii family residential development and redevelopment with a mix of housing typesin 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: AAfnirnafn 6,000squaFe feet AAa�cirnar X4;400 sgeaFe feet Single-faR44yunit detached 6,000 square feet dwelling Twin home,Two-Unit,and x4,9005,500 square Three-to Four-Unit feet per unit DweIlingsT4.,9 faity Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT., Townhouse dwellings 2,400 square feet per unit Apartment dwellings 1,100 square feet per unit Other 11,000 square feet Lot width: Single-fa;n4yunit detached 60 feet dwelling Twin home.Two-Unit.and 75-37.5 feetep r unit Three-to Four-Unit DwellingsTwe4a4; ly Townhouse dwellings 24 feet per unit Apartment dwellings 60 feet Other 75 feet Front yard setback 20 feet Side yard setback 5-6 feet Rear yard setback &feet With alley 10 feet Without alley 6 feet Height(maximum) 35 feet Maximum lot coverage of all 35 percent structures niet dwelling units e Twin hnm 7-9 Two famit)` &A T8wAb9H6e a Multi fam"! 12$+ All standards are minimum requirements unless noted.(Ord.009-610, 10-19-2009) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-10 R-D DOWNTOWN RESIDENTIAL DISTRICT. 2. Accessory Structure Standards:Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements: Maximum size: Detached garages Lesser of 1,000 square feet or square feet of principal structure Storage shed 240 square feet Apartment 1,800 square feet Building permit Any accessory structure over 200 square feet requires a building permit Building material The detached garage shall be constructed of similar materials as the principal structure Maximum number 1 of each type of structure provided it is not over approved lot coverage Side yard setback 3 feet Rear yard setback With alley 10 feet Without alley 3 feet Height(maximum)storage shed 12 feet Height(maximum)detached 20 feet garage All standards are minimum requirements unless noted.(Ord.015-693a,4-20-2015) (C) Uses: 1. Permitted: (a) Dwe4iaj"5ingle4an;4unit detached dwellings. (b) Qt&KiRes-4Twin home dwellings$ (c) BweNiaaszjT"'1„ unit dwellings. �LqL_Group daycare,twelve(12)or less persons. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-11 B-1 HIGHWAY BUSINESS DISTRICT: (e) Group home,six(6)or less persons. (d)(fl Manufactured home (e3LqL_Public parks and playgrounds.(Ord.002-469,2-19-2002) 2. Conditional: (a) Bed and breakfast. (b) GhUFGher (e)LU_Clinics. (d)fgL_Clubs. Townhouse d (e) t3wetl+ngsApartment dwellings Fnu t+family. (f) Funeral homes. (+)(.g) Group daycare,thirteen(13)to sixteen(16)persons. (j)(h) Limited commercialventure.1 Commented[Lci]:Not inthe table? (i) Offices. (k)(i) Places of worship (41U_Public buildings. #A)LL_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- (0)Home occupations. (e3LqL_Solar energy systems.(Ord.002-469,2-19-2002) 48-5-1310-5-11 B-1 HIGHWAY BUSINESS DISTRICT: (A) Purpose:The B-1 Highway Business District is intended to provide peskets-nodes of seaareaiense typecommercial uses along major therea"`�roadways that are both Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-11 B-1 HIGHWAY BUSINESS DISTRICT.- pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic. (B) Bulk And Density 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 Public and semipublic 35 feet buildings Recreational, 50 feet entertainment,commercial and industrial uses Height(maximum 35 feet Maximum lot coverage of all 25 percent structures 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 (*Lf�Commercial recreational uses. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-11 B-1 HIGHWAY BUSINESS DISTRICT.- �Lg) Convenience store,without gas. (MLh_Data centers. NfLHealth clubs. (+)(i1 Hotels. q)fk) Motels. (k4M_Offices. (q m) Personal and professional services. (m)Ln�_Personal health and beauty services. (►)j9LRecreation equipment sales/service/repair. (e)SpLRestaurants,Class I,traditional. (0LgLRetail facilities. 2. Conditional: (a) Auction houses. (G) Auto sale (d)LbLBrewpubs. (e)LcLCar washes. k d) Child daycare center,commercial. ($)LLConvenience store,with gas. NLfL_Dental laboratories. (4LQl Grocery stores. (}}fh1 Group daycare centers,commercial. (k4fLHospitals. (y(jL_Kennels,commercial. (44JLLOutdoor sales. (a)(IL_Public buildings. (OLMLPublic utility buildings. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT.• (el)LnLRestaurants,Class ll,fast food,convenience. (OLoL_Restaurants,Class III,with liquor service. (01p)_Restaurants,Class IV,nonintoxicating. (g) Senior care facility (Oift_Solar energy systems. (a)fsLSupply yards. (v)2L_Theaters. (w)LuLWholesale businesses. 3. Accessory: (a) Parking lots. (a)(b) Sexually oriented businesses-accessory. (Ord. 018-737,3-19-2018) 10 A 1410-5-12 B-2 DOWNTOWN BUSINESS DISTRICT: (A) Purpose:The B-2 downtown Downtown h,--;writ--;-;Business distract-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 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 And Density 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 lot coverage of all 100 percent structures All standards are minimum requirements unless noted. (C) Uses: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT.- 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. (j) Neighborhood services. (k) Nonprofit recreational,cultural and entertainment uses. (1) Offices. (m) Personal and professional services. (n) Personal health and beauty services. (o) Public buildings. (p) Recreation equipment sales/service/repair. (q) Restaurants, class I,traditional. (r) Retail facilities. (),(Small breweries. 2. Conditional: (a) Auto repair, major. (b) Auto repair, minor. (c) Bed and breakfast. (d) Brewpubs. (e) Child daycare center,commercial. (#) C h es Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-12 B-2 DOWNTOWN BUSINESS DISTRICT. (#)Convenience store,with gas. (+)(g) Dental laboratories. (h) Apartment dwellings (i) Apartment/commercial dwellings Q) Funeral homes. (k) Grocery stores. (1) Hotels. (m) Mixed use building. (n) Motels. (o) Multiple family dwellings. (p) Outdoor sales. (p)(g) Places of worship (9)jjj_Public and parochial schools. (f)Ls)_Public utility buildings. (s)(LRestaurants,Class Il,fast food,convenience. 04 u) Restaurants,Class III,with liquor service. 44LvLRestaurants,Class IV, non intoxicating. (v)_Solar energy systems. (x) Theaters. 3. Accessory: (a) Parking lots. (b) Cocktail rooms as accessory to a microdistillerv. (c) Sexually oriented businesses-accessory. (d) Taprooms as accessory to a brewery or small brewery. (a)jgL(Ord.017-724,4-17-2017) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-13 B-3 HEAVY GENERAL BUSINESS DISTRICT.- 10-5-11 10-5-13 ISTRICT.•10-5-1510-5-13 B-3 HEAVY GENERAL BUSINESS DISTRICT: (A) Purpose:The B-3 Heavy-General Business District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties Pertain existing GOMMeFGial and indi-Istrial uses v-9hiGh are GOMpatible togetheF but are more iRteRse and therefore'r Pat'hle%y th o identified-'e the R 7 R 2 and R A Dmstr4ms (B) Bulk And Density 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 lot coverage of all 35 percent structures All standards are minimum requirements unless noted. (Ord.017-725,4-17-2017) (C) Uses: 1. Permitted: (a) Animal clinics. (b) Auto repair,minor. (c) Auto sales. (d) Breweries. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-13 B-3 HEAVY GENERAL BUSINESS DISTRICT.- (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. (g) Home and trailer sales/display. (h) Impound lot. (i) Kennels,commercial. Q) Manufacturing facilities. (k) Mini-storage units. (1) Outdoor sales. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 NEIGHBORHOOD BUSINESS DISTRICT.- (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) NEIGHBORHOOD BUSINESS DISTRICT- me-diurn de-R66ty hausiRg ref:nbined with GGFnplemeRtaFy and SLIPPOFtiRg busiRe66 land uses that E3u!k And Density S-t;;Ad-;4Fd-6' let area 5,900 6quaFe feet Lot w nth 5g.feet €gent yard-setback 29 feet Side yafd setback 6 feet €leaFyard setbas4c 6 feet abutting any sidential di,#rint- I 9 feet dr 35#eeet buildings Recreational, 50feet Anrl�and,,Mrigl iuses ldeinh+ inm 454eet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 NEIGHBORHOOD BUSINESS DISTRICT: 'At rxweFage of all G4n Gt„ All�ten,d�r,d� enter mess nnt840 (a) Dental laboratories. d Dorm i4terl oqT (d) Offices' !e\ Deronnnl and nrnfe6sFG al seWiGes, le6s than three 4he„cnnrd(3,000)square feet, /f1 Personal health and beauty 6eNiGeS, le66 than three thousand(3,000)c quaFe feed 2. GoRdmtdonal� (G) G UFGhee6- (d) linins �(` T (e)Data Ge Rterl— Dwellings multifamily. C„nerol hemec (h) Health Glu4s— !i\ I ieht manufaGWring fon'I't'e feet- rl\ Dercennl health and beauty 6 eater 4haR three thousand(3,000) feet- Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-14 SSMUC SPRUCE STREET COMMERCIAL MIXED USE DISTRICT. 3. Assesser (a) RaFkmRgg le` T2-2 12 19 2016) 40-i-4 10-5-14 SSMUG SPRUCE STREET G011W€RG4AlMIXED USE DISTRICT: (A) Purpose:The 52G SSMU Spruce Street seraFnersia4 mixed use district is primarily designated for commercial retail sales and services.This district is not intended to compete with the businesses in the central business district;rather,it is intended to provide a location for those businesses that have space needs that cannot be accommodated in the downtown or would be a disruption to existing development patterns.Development in this district will provide design elements and building and site relationships that emulate traditional main street form to create a walkable pedestrian friendly environment with connections to surrounding areas.The relationship of the Spruce Street rommereialmixed use district to CSAH 50,future residential development,and the central business district will require a greater sensitivity to design with higher quality standards in order to develop a pleasant,attractive and aesthetically pleasing environment. (B) Bulk And Density Standards: Lot area 1 acre Lot width 100 feet Front yard setback At least 50 percent of he building front shall be within 20 feet of the public right of way or private street edge Side yard setback No requirement Rear yard setback 20 feet Height(maximum) 40 feet All standards are minimum requirements unless noted. (C) Uses: 1. Permitted: (a) Child daycare center,commercial. (b) Clinic. (c) Commercial recreation, indoor. (d) Commercial services. (e) Data centers. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-15 BUSINESS/COMMERCIAL FLEXMUCI—MIXED USE COMMERCIAL/INDUSTRIAL DIS (f) Health clubs. (g) Personal and professional services. (h) Personal health and beauty. (i) Restaurants,class I,traditional. (j) Retail sales and services. 2. Conditional: (a) Brewpubs. (b) Commercial recreation,outdoor. (c) Convenience stores,with gas. (d) Dwellings,multiple-family. (e) Grocery stores. (f) Hotels and motels. (g) Major auto repair(confined to the interior of principal building). (h) Minor auto repair. (i) Mixed use buildings(shall include office, retail,or commercial uses on at least 1 floor and residential apartments or condominiums on upper floors). (j) Public buildings. (k) Public utility buildings. (1) Restaurants,class ll,fast food,convenience. (m) Restaurants,class III,with liquor service. (n) Theaters. 3. Accessory: (a) Parking lots. 4. Interim: (a) Mineral extraction.(Ord.015-712, 12-21-2015) 105-4810-5-15 FLEW=—MIXED USE COMMERCIAL INDUSTRIAL DISTRICT: (A) Purpose:This-distridThe MUCI Mixed Use Commercial/Industrial is designed to ;;GGnm.mK)d;;te both short term and lon provides for the development of husirless seslarger mixed business areas along maior roadways including services offices,research laboratories,and light manufacturing uses without any exterior activities, as well as peteatial Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-15 BUSINESS/COMMERCIAL FLEXMUCI—MIXED USE COMMERCIAL/INDUSTRIAL DIS additieaatcompatible commercial uses.This district is intended to be flexible to accommodate a mix of non-residential uses and development formats.The bulk.e,.,;Feme.is are flexible to ag-nommndate several types of uses, iRGludiRg 6maller retail operations and larger Affig-e G9MP'eXe6' (B) Bulk And Density 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 All standards are minimum requirements unless noted. (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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 MIXED USE DISTRICT.- (e) ISTRICT.(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) 5 19 11111X91)USE DISTRICT- (A) PuFpese�This d-Mrigt is;GIPBigRed to aGGGFnMGd-AtP- -A MiX Of VeFtiGally uses that would Glesely simulate the eXiStiRg downtAwn The distrirt we,ild allow smaller lets and pFovide fe (9) Belk And Pencity ClnnrlaFds-. 1 of A Ale-Fe9w}remeat het width AARs 4Q feer Maximum 100feet )=Fant yard--setbc}slf f?t Side yaFd setback AleFege+FeFA&PA Rear-yaFd setback 20 feet Height(maximum) 49-feet Alle4onrlo rrie Are. en4c niece nr.4e.-1 (G)wses . Pe,mifted� (G) Health G'UbS Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-16 MUCR MIXED USE COMMERCIAL/RESIDENTIAL DISTRICT: �Restaw^nth,Glass 411 With'iq 96ew,G8. (g) Retail sales and is i. C-9n fional: (a) Dwellings,rAwitipie family. (b) Mixed use buildings(shall inrlude GffiGe,retail,OF GarwneFGial uses on at least 4- (G) Re6taurant6,Glass 11,fast food,Gonven enGe. r,a`�eater A. 4. tntenr� (a) Mineral e„4r^^4i^n (Ord nna Goy 12 15 20W 10-5-2910-5-16 MUCR MIXED USE COMMERCIAL/RESIDENTIAL DISTRICT: (A) Purpose:The MUCR mixed Mixed use Use semmeFGWCommercial/feC',�^'^'Residential dkttist District is established to provide a flexible framework for the creation of high quality, comprehensively designed commercial 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 Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-16 MUCR MIXED USE COMMERCIAL/RESIDENTIAL DISTRICT: Maximum lot coverage of all 100 percent structures All standards are minimum requirements unless noted. (C) Building and Site Design Standards: 1. (a) 2. {G)QLUses: 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: (a) Animal clinics. (b) Brewpubs. (c) Child daycare facilities,commercial. (d) GhUFGhes. WJ41_Clinics. (e) Commercial recreation, indoor. (f) Convenience store,with gas. (g) Dwellings,multi-family. (h) Funeral homes. (i) Health clubs. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-17 IP INDUSTRIAL PARK DISTRICT: 0) Hotels. (k) Mixed use building. (1) Personal and professional services,greater than three thousand(3,000)square feet. (m) Personal health and beauty services,greater than three thousand(3,000)square feet. (n) Places of Worship (P�LoLPublic utility buildings. (e)JpL_Restaurants,Class II,fast food,convenience. (oLcl)_Restaurants,Class III,with liquor service. (r) Retail sales and services,greater than three thousand(3,000)square feet. (q)Ls) Theaters. 3. Accessory: (a) Parking lots.(Ord.015-712, 12-21-2015) 10 6 2110-5-17 142 INDUSTRIAL PARK DISTRICT: (A) Purpose:The IR Industrial Park District allows-provides areas for existing and future industrial uses witl�i and promotes high quality architectural, landscaping and site plan development standards for nev;industrial develepment in order to increase the City's tax base and provide 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) ilk And DeasityLot and Building Standards: 1. MORiraurR-Principal Use Dimensional Standards: Lot area 40,000 square feet 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 Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-17 IP INDUSTRIAL PARK DISTRICT: 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 lot coverage of all 35 percent structures 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. (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 Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-17 IP INDUSTRIAL PARK DISTRICT: 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. (h) lUtilities:All buildings and structures shall be served by underground utility distribution facilities.The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site. Commented[JM2]:Added from Industrial Park Design Standards 10-6-20. (C) Uses: 1. Permitted: (a) Breweries. (b) Data centers. (c) Distilleries. (d) Light manufacturing facilities. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 1-1 INDUSTRIAL DISTRICT: (e) Microdistilleries. (f) Office showroom. (g) Office warehouse. (h) Research facilities. (i) Small breweries. 0) 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) n522 I.1 INDIISTRInI DISTRICT: 9t-af2a 2&AAA Sc{aaf2 eet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-1-1 1-1 INDUSTRIAL DISTRICT.- ' ISTRICT:I At moo l+h 75 fee €read yard-setbas4c 30 fee! Side yard setback 15fee1 Rear yardsetbaelc as feet abutting aRy residential di-;tr'Gt- 10 feet aGGess dFoves 35 feet bLlmld+agS Reereatieaal, 50 feet i;Ad 6md,�e+ri;l,- Height(maximum) 45 feet Maximum lot coverage of all 55 persen Mr, t,Fes enlc nlec r.e+erl /(lrrl 015. 7-05 10 19 2016\ r�ljSeS 1 oerm++e,+ (a) Aute repair the) BFe e es- ids (e) Light m n wfaGturing fa..ir+ier C9 (h) OffiGes. /i\ Deceornh fnnili+iec 0) Se*aslly-er+eated S+nesses /L\ Small hrev..eriec Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-18 P/OS PARKS AND OPEN SPACE DISTRICT. m Supply yar4r (m) TFUGk terminal M\ WaFehe c n faGilitie6. (a) Agflsulture (G) GommeMial FeGreational uses. (d) Food PFGGessing faGilities. (e) Keanels,c ers+al. (g) PWbliG utility buildinq& r Solar ever9y systems. (k) ToweF6. 3. Aecesser 4�v'e (a) MiRernl eXtFa.tiev (Ord 018 7-37,3 19 29.18) 10 5-2310-5-18 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 And Density Standards: Lot area No requirement Lot width No requirement Front yard setback 20 feet Side yard setback 6 feet Rear yard setback 6 feet Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY., 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) 10-5-2410-5-19 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 provideL444Gte a development alternative that allowsi,ea;Tfor greater flexibility and creativity in mat site and building design than is-previdedwould be possible under the strict application of the existiRg GOdethea zoning district's staadardsreguirementsa�eai+ig di6trist.ThiseplaRR8d unit development overlay district adopts the underlying zoning district uses. ,flexibility fFGm the-pFesorbed development standards Rather_tha^ StFiGtly eRf9FGiRg the GenGept of unifownity of housing types on each district,t-lh'6 Provision will eReeuFageln 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. Flexibility in residential land development to benefit Greater utilization of new teshaele%-technologies in building design,--H;4 construction,and land development. 2. Variety in the organization of site elements,building deesitieslot sizes aad-housing types,and land uses. 3. HigheF standards of site and building design through the of trained and experienGed planned wRit developments. 4.3. Preservation and enhancement of nvironmental resources including flora and fauna,scenic views,screening,access, and open space. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY.- 4. VERLAY.4. More efficient and effective use of land,open space and public farilit es infrastructure to support higher-quality development at a lesser cost. 5. Establishment of recreational public and open spaces which may be more useable,and more suitably located,and higher quality than would n'hon,ep..ise be provided under development 9F6ee4afesstandards. 6. Increased€environmental sustainability in the development of land,building construction,and building operations. 7. 4#eaFatedHigher level of integration of pedestrian fasil♦fies-and bicycle facilities to and within a PUD. �-8. An increase in the supply of low-income and moderate-income housing. (B) General P4Gvi6iensStandards: 1. Minimum Land Area:The proposed planned unit development must be comprised of at least five(5)acres of contiguous land. • Formatted:Indent:Left: 1", No bullets or numbering 2. Sewer and Water Service:All PUDs shall have municipal sewer and water service available. ! Formatted:Indent:Left: 1", No bullets or numbering 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. 4. Permitted Uses:Allowed"uses are only Inslade-those permitted in the underlying zoning district in which the planned unit development is located a PUD does not allowprovide 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. Number of Buildioas Per Lot (a) "— f=More than one building may be placed on enea single platted lot in a PUD. Formatted Arc..;for cinnle farn*'�dct..nhcd d.unlnr.nc M ,tet•n nl„,.,{�h fhn��+., „hd6v0r*nn Wig Field Code Changed 7GK4ganf e: ArnhifnM„r..l P44A of b"M4Anc Shall nn+cnlcly he A.h..c6c fn.der.i�l n nl..n Hn..�c. .cr the n roll.. nd n � nfihilitN of indi.dd��� cilc cic AtS AF to ndFna do cln of. 0l he the plann"nn n .,nd n nil 7. AssFevelBuilding Permit:No building permit shall be granted for any building on land for which a an for a PUD has not been finally approved by the city council 8. Staging Of Development: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY.- (a) VERLAY.(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 timeing_for beginning and completion of each stagg Such timing may be modified by the city council on the showing of good cause by the developer. 9. treets Utilities and Services:The uniqueness of each PUD proposal fer- ^requires that gpecifications and standards for streetsutilities and services shall be subject to minor modifications from the specifications and standards established in this and other city ordinances governing theirconstruction. (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 n it (b) The plans and profiles of all streets. utilities and services shall be reviewed, modified.if necessary.and approved by the city engineer {E}(C) Approval&�+ Qriteria: 1. Consistent With Comprehensive Plan:The development shall be planned so that it is consistent with the Farmington comprehensive plan. appliGatien and tA hp developed a6 ORB WAit. in addition,the deve 3,2. Warmeniae Compatibility With-with Existing Development:The planned unit development proposal must harmonize with beth-existing and Preyesed 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. Preserveation of Natural Amenities A primary function of the PUD erevisieaoverlay is to encourage development which will preserve and enhance the worthwhile natural terrain characteristics 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. e recognition of this obiective will be a basic consideration in aranting approval or denial. 6 of-OR109WOWS land. &-4. Open Air--Space Uses:Land for private or public open airspace resreatiGRal--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 Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY.- areas VERLAY:areas shall conform to land area requirements of the subdivision ordinance,title 11 and shall not include land devoted to streets,parking and private yards. . avai6able- ".Ad Site Desi944� Formatted: No bullets or numbering deve-l-nmen'will be pFmafy eonsidnF@t OAS;ip t 'A&...'stages of thelpl... F (Q,)L12LProcedure: 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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY.- 2. VERLAY:2. Schematic Plan: (a) Submittal:The applicant shall submit a Schematic Plan to planning staff prior to submitting a preliminary PUD application (a)— (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 of the fared to be developed together with an identification of e#-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 w4*-development experience. 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 whish-aiseand explains the flexibility needed from underlying development standards. SDA general indication of the expected time schedule of development. 8:EA statement describing the ultimate ownership and maintenance of all parts of the development including streets,structures and open spaces. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY. €F_A statement describing how all necessary governmental services will be provided to the developer. I=G_The total anticipated population to occupy the planned unit development,with breakdowns indicating the number of school age children,adults,and families. 2-3. Schematic Plan ApprevalReview 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 titleordinance. (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. kD)JELPreliminary 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.4-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. (a) Phased PUD:The applicant mayeGe� 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 Sschematic Pplan. (2) Once one phase of a PUD has been approved for l=final PUD Pplan,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. (43(3) No individual phase of a PUD plan may represent less than 20%of the area approved as part of the schematic plan. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY. (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(ED)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. (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 9f-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 er proposed comprehensive plan of the city. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY: (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 sits zeaiag cede-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 in erderto 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. (a) 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 9r-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 Of prepesed 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 city.ZeRiag GOdeunderlying 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 in-erderto 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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-19 PLANNED UNIT DEVELOPMENT OVERLAY: (4) 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. k€)LELFinal Plan Approval: 1. Submittal:A final plan shall be submitted with an application for final plan approval within Ove-one L5)years 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€+ve-one(15)years,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 Aad-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. (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 Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-20 FLOODPLAIN OVERLAY DISTRICT: reasonable time after the original approval,the city council may instruct the planning commission to initiate rezoning to jwst the erigi+at underlying zoning district by removing the planned unit development overlay district from the official zoning map. 6. Amendments Arm-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 2 10-5-20 FLOODPLAIN OVERLAY DISTRICT: ***No Changes to Section*** 10-5-2610-5-21 AMENDMENTS ADOPTED: ***No Changes to Section*** 10-52710-5-22 DOWNTOWN COMMERCIAL OVERLAYD( C-O)DISTRICT IDEESIGINI Commented[LC3]:Moved from Sec.10b-28 STANDARDS: (A) Purpose:The purpose of this seet+eaoverlav district is to establish design standards pertaining to the commercial, residential,and mixed use 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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-22 DOWNTOWN COMMERCIAL OVERLAY(DC-0)DISTRICT DESIGN STANDARDS: 12. Establish well defined transitions(mixed use buildings)between the downtown and adjacent neighborhoods. (B) Overlay District Boundary:The downtown commercial overlayD( C-O)district 4BS)is described as the property located south of the Vermillion River,west of 4t-h5th Street,north of Walnut Street and east of 1st Street. (C) Process:TheDC-O 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 StFUGt,.es in the DC-0 district will be required to meet the standards in this chapter,unless otherwise provided.Projects exempt from meeting the standards are those Gommprs+al buildings that are comprised of any of the following project types: 1. Interior remodels; 2. gwilding6 used solely f4gr residential purpG6esSingle-unit detached dwellings,two-unit dwellings,twin home dwellings,and townhouse dwellings; 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 concreteexcept for port ons of exteFier walls;net visible frern the publiG ; Extruded metal storefront framing may be-sed is allowed only on window or door frames. 2. Transparency (a) For commercial and mixed use buildings,Ttransparent glass must comprise a minimum of fifty percent(50%) and a maximum of seventy five percent(751/,persent)of the total wall area of the round floor elevatien an the primaFy faGa4e of any building facade fronting on a public street or open space.; (a)(b) For buildings with ground floor residential uses and all upper floors,transparent glass or facade openings shall comprise a minimum of twenty percent(20%)(W wand a maximum of fifty percent(500/,perseet)of the total wall area on the upper fleer opovatie.,Af AMY Gtroe+F.,Gade;--Upper story windows will be vertically proportioned and have the visual appearance of traditional double hung sash. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-22 DOWNTOWN COMMERCIAL OVERLAY(DC-0)DISTRICT DESIGN STANDARDS: 2-3. 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. 3-4. 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. 4.5. 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. 8-9. New commercial,residential,and mixed use 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. 9:10. 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(20) feet(28'-}in width in order to maintain a pattern integrated with and similar to surrounding buildings. 48:11. The size,scale,massing,and facade materials of new construction wittshall complement the architectural character of existing historic buildings identified as heritage landmarks. 44-12. Corner buildings shall be designed with two(2)street facades and a main entrance on both sides. 1:2. The Maximum height of new raonstFuGtion iii he forty f ve feet(46). (46). 13. Rooflines shall be flat or gently sloping. (F) Awnings/Canopies: 1. Awnings/canopies shall only be allowed over the fifst rg ound 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 Meet-(8).Awnings and canopies a�ayshall not be supported by poles or other structural elements located in the public right of way. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-22 DOWNTOWN COMMERCIAL OVERLAY(DC-0)DISTRICT DESIGN STANDARDS: 3. Length=Awnings and canopies shouldshall emphasize the rhythm of the facade bays, windows and entrances,and shall not continue uninterrupted along the building facade. 4. Ideight�The bottom of awnings and canopies she,ildshall be at least eight feet(8')above sidewalk grade. 5. Illumination:Backlit awnings and canopies are not permitted. 6. Inscription:Lettering on awnings and canopies shall comply with subsection 10-6- 3(B)1(k)of this chapter. 7. Materials:Awning and canopy materials should 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 spasessurface 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 str�staredabove-ground parking structures shall be encouraged and new parking structures shall be compatible with(but not indistinguishable from)adjacent buildings in terms of height,scale,massing,and materials. (H) Land nnn•nr.. 44tH) Screening Aand Fencing: 1. Screening of Exterior Uses;FeRGing=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 areas, and shall be equally effective in winter and summer.Fencing for screening purposes may be installed at a height of up to eight Meet(84,with the approval of a building permit.Fencing used for screening purposes shall only be allowed in the side and rear yards.Chainlink and slatted fencing are prohibited within the downtown commercial overlay district with the e)(GeptiGA Of PF9pe4496 zened as-R 2—G-hnwliAk and slatted Fencing Bon property lines adjacent to established residential uses the fencing shall consist of wood or vinyl. 2. Screening Sof 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, Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-22 DOWNTOWN COMMERCIAL OVERLAY(DC-O)DISTRICT DESIGN STANDARDS: 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 gwith the exception of fencing identified in the screening requirements of subsection(�H)1 of this section31 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 Meet{694 in the side and rear yards and four J4)-feet (4)in the front yards.Decorative fencing shall consist only of the following materials: (a) Wrought iron. (b) Vinyl. (c) Ornamental aluminum. 4. Fencing Maintemanne-The maintenanGe of all fAnnes within the downtown G0MMPrGi;;I 6A. Historic Landmarks:No fencing shall be attached to any historic landmark building or structure.(Ord.012-645,6-18-2012) (d lL_Signs: 1. Notwithstanding contrary provisions in this code the following prov4ionssigns are allowed in the DC-0 overlay district: (a) Projecting in compliance with subsection 10-6-3(B)5(e)of this chapter (b) Wall signs flat aloRg building frontage as Fequ red in compliance with subsection 10-6-3(B)3(a)of this chapter. (c) Monument signs are-aa4ewe4-where existing building is set back from front property line as rid in compliance with subsection 10-6-3(B)3(b)of this chapter. (d) Painted wall signs`h""be permitted-through a conditional use permit Perin compliance with subsection 10-6-3(B)1(1)of this chapter. (e) A-frame signs are allo ved-Perin compliance with subsection 10-6-3(B)1(t)of this chapter. 2. Signs on historic landmark buildings ewstshall: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 niayshall not be drilled in historic masonry,alterations mayshall not be made of historic character defining windows or doors,and 4;G-fasteners n4ayshall not be attached to any historic trim.(Ord.010-627,9-20-2010) Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-23 Highway 3 Overlay(HW3-0)District 10-5-23 Highway 3 Overlay(HW3-0)District (A) Purpose:The purpose of this overlay district is to establish design standards pertaining to the commercial and 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 facades. 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(HW3-0)district 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 twenty-five percent(25%)of the total building facade. (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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 Spruce Street Overlay(SS-0)District (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 facade. (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 facade. 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 ten percent(10%)of the total building facade. (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 signs shall be designed to be complementary to the buildings and Commented[]M4]:The TH3 Corridor Plan refers to ground uses to which they relate and shall be harmonious with their surroundings. mountslgns.ltlookslilefhesignordinance�sesfhis language rather than ground mount signs. 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 facade and parking lot lighting shall be downcast so as to eliminate light pollution spreading Into adjacent residential areas. 10-5-24 Spruce Street Overlay(SS-0)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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 Spruce Street Overlay(SS-O)District 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-O 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-O 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. (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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 Spruce Street Overlay(SS-O)District (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 proiect. 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 proiect.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 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: Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 Spruce Street Overlay(SS-0)District 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 maior 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:Maior 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. (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 adiacent 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. Chapter 5 DISTRICTS AND DISTRICT PROVISIONS 10-5-24 Spruce Street Overlay(SS-0)District (a) Prosection: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 prosection 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 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. Use Of Parking Area: 1. Required off street parking space in all districts shall not be utilized for open storage of goods or for the storaae of vehicles which are inoperable,for lease, rent or sale.(Ord. 002-469 2-19-2002) Calculating Spaces: 2. 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. 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) 3. (ASM 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 o�fnh lgch eri n .cling use enlarged. 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 additiGRal employee Auto repair,major 3-2 per bay plus 2 POF 68WiGe 6tatiopl 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 Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: Bed and breakfast 1 per room plus 1 per employee at maximum shift Bowling alley 5 for each alley Brewery,small 5brewery,Sdistillery, 1 space/1 500 sf of manufacturing,fabrication, Microdistillery,with or without Gcocktail room or processing,or warehouse area -Ttaproom Plus 1 space/200 sf of taproom or cocktail room floor area Child daycare center,commercial 1 per employee plus 1 per every 10 children Chi rshesPlaces of worship,funeral homes and 1 per 4 seats in principal assembly room.Define theaters seat as 22 inches Clinics 1 space per 250 square feet of gross floor areas peF doctor or dentist plus 1 per additional employee Clubs 1 per 43 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,a;a#i fa n4yapartment 2-.451_5 per dwelling unit Dwellings, two familyunit- 2 per dwelling unit plus Q.25 peF unit in G-ornmen and twin home aad gt2d pafkiag space Dwellings,townhouse 2 per dwelling unit Dwellings,sing le-famflyunit 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 Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: 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 3-5 beds plus 1 for each 3 employees on maximum work shift Hotels/motels 1 per rental uniteach quest 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 2-54300 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 2-4 customers to maximum seating capacity Restaurants,class I,III,IV,brewpub and 1 per every 3-4 customers to maximum seating coffee shops capacity plus 1 per employee Retail facilities&Sservice 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 Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: 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) Joint Parking Facilities: Required parking facilities serving tw (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 i will serve: (b) The applicant(s)shall show that there is no substantial conflict m 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 includjna the t"� 3 Land Bankina Sof Parkjng Spaces: (a) Additional p rkina spaces intended for future building expansion or anticipated needs may be required by the city in the f9�n of la^d banking (b) Areas to be land banked shealdshall be designed io 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 fio eWiaeachieving required open space standards LC) Location. Location QoLOff Street Parking Facilities 1. Required off street parking shall be on the same lot as the principal building. 2. Other Locations. Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: 2. 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 Sof Off Street Parking Facilities: (a) When required assesseEy-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 he required number of off street Parking spaces during the existence of said principal use. hundred ca�No such parkins facility at its closest Point shall be located more than one feet(100')from the grogerty nor more than four hundred feet(400'1 fro the principal use or building served. It2)- 3Parking In Residential Areas: 4. (a) All vehicles shall be parked on a hard surface driveway or parking apron. All parkina areas shall maintain a five foot(5')setback from side and rear lot lines.= Px^A-^" P-;;Ega6 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 lines This exception is subject to the submittal of a lot survey and grading Plan acceptable to the city engineer.(Ord.008-587_9-16-2M fa)LL_ (D) Design and Maintenance Standards. Size Of Spaces: 1. Parking spaces shall be a minimum of nine feet by eighteen feet(9'X-= 4Grading And Drainage: &2. ISurfacing:Prior to issuance of a certificate of occupancy,all parking areas,driveways and loading areas shall be surfaced with asphalt or concrete pavement following the city's engineering standard plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions,a temporary certificate of occupancy may be issued contingent upon the extension of the security or letter of credit required under this chs ter.All parking lots located in the front of buildings or ad'acent to street rights of way shall be curbed. commented[7M1]:Added from Industrial PdFaiRage and surfared with GenGrete or bit,imine,--;material ark Design Standards 10-6-20. 6 Lighting: Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: -7-.3. 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) 9. Access Driveways: 4. (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) dans: 5. Signs located in any parking area necessary for orderly operation of traffic movemen shall be in addition to accessory signs permitted in other sections of this code. Plans Submitted To City Engineer-. (E) 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. 4-.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. Chapter 6 PERFORMANCE STANDARDS 10.6-4 OFF STREET PARKING: Rego Fed off I I .. Qas qFi all d str ots shall not be wt.!---d f6F opep st@Fage of goods 0 2 (H) Recreational Vehicle Parking.- k4LE 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. (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 Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: not impede the drainage within the side or rear yard utility easements or inhibit access to the easements.(Ord.002-476,5-6-2002) e foot(6')setbagk from side @Ad rear'at Wes 122008) (L) Commercial Vehicle Parking On Residential Property: (M)LG)_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 res Rt' 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) f$)L� (994)of OFOSS flooF wee, OF nm ncn 2 19 2002 @Fpd OW 004 610 9 20 2nn4Parkinq of Bicycles: In the SSMU(Spruce Chapter 6 PERFORMANCE STANDARDS 10-6-4 OFF STREET PARKING: Street Mixed Use)district,bike parking spaces shall be installed at ten percent(10%)of the total number of automobile spaces within the development.For convenience and security,bicycle parking facilities shall be located near building entrances,shall be placed parallel to the sidewalks shall be easily visible and shall not be located in remote automobile parking areas. Such facilities shall not however,be located in places that impede pedestrian or automobile traffic flow or that would cause damage to plant material. Bike racks shall provide a means for the bicycle frame and one wheel to be attached to a permanent fixture(designed for securing bicycles)by means of a lock. Commented[]M2]:Added from Design Standards for SSC, MU,B/F Districts(10-6-21) Chapter 6 PERFORMANCE STANDARDS 10-6-9 SCREENING: TITLE 10 Zoning Chapter 6 PERFORMANCE STANDARDS 10-6-9 SCREENING: The screening required in this section shall consist of a fence, w-a4,—landscaping or earth berm and shall not encroach into public right of way. Natural features such as differences in elevation and tree masses may negate the need for manmade screening in certain areas: (A) Screening min Residential Districts: Screening shall be required in residential districts where: 1. Any off street parking lot contains more than six (6) parking spaces. 2. Any material and equipment is stored ^*�nwith the exception of recreational equipment-or construction material currently being used on the premises. (B) Screening Iain Business Districts: A one hundred percent (100%) opaque screen consisting of: 1) a six feet (6') to eight feet (8') weeden opaque maintenance-free fence and landscaping, 2) landscaping and berms, or 3) a combination of both shall be required in business and industrial districts where: 1. Any structure- or parking er sterage is adjacent to and within one hundred feet (100') of property zoned for residential use. 2. Any side or rear yard of a business oF iRdustFy that is across the street from a residential zone. 3. All loading docks; commercial facilities with drive-through services; automotive repair and service; car washes; and other similar high activity uses associated with the building, adjacent to residential districts, shall be screened from adjacent property or street right of way by a six foot (6') opaque fence or masonry wall. (C) Screening in Industrial Districts: 1. Any material and ern uinmeRt StArAd „„+Sidestructure, parking, or outdoor storage area, except in-for display yards or for those currently being used for construction on the premises, located within one hundred feet (100') of property zoned for residential use requires screening. Any side or rear yard of an industrial property that is across the street from a residential zone also requires screening. Outdoor storage areas shall not be viewed from CSAH 50 or CSAH 31, nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to CSAH 50 or CSAH 31. Outdoor storage areas do not require screening within any interior lot that is not exposed to CSAH 50 or CSAH 31. Required screening shall include either of the two following options: (a) A six (6) to eight foot (8') tall opaque maintenance free fence and landscaping. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection. The design and materials Chapter 6 PERFORMANCE STANDARDS 10-6-9 SCREENING: used in constructing a required landscape screen with fence shall be subiect to the approval of the planning division, and shall include the following: (1) Plant material centers shall not be located within drainage and utility easement and not closer than five feet (5) from the fence line or property line. (2) Landscape screen plant material shall be in two (2) or more rows and staggered. (3) Shrubs shall be arranged to lessen the visual paps between trees. Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center. (4) Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not more than fifteen feet (15') apart. (b) Landscaping and minimum six foot (6) tall berms. The landscape screen shall follow the requirements in subsection (C)1 of this section. The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the city engineer. The earth berm shall contain no less than four inches (4") of topsoil. 2. Loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts of their function is fully contained and out of view of adjacent properties and public streets. The required width for a landscaped yard along a local collector/industrial or local street is ten feet (10'). 3. Trash containers or trash compactors shall not be located within twenty feet (20') of any street, sidewalk or internal pedestrianway and shall be screened by a six foot (6) masonry wall on three (3) sides of the trash unit. kC4Mj Screening in Mixed Use Districts: 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 a fence, wall, landscaping, or any combination of these elements. Screening shall block views from public rights of way, private street, and off street parking areas, and shall be equally effective in winter and summer. Chain link and slatted fencing are prohibited. 4B3LELScreening Of Stored Waste Material: Screening shall be required in all districts where waste material is stored other than in an enclosed building. (Ord. 002-469, 2-19-2002) (F) Screening Of Roof Mounted Equipment: All new construction in the R-1 (nonresidential uses only), R-2 (nonresidential uses only), R-3 (nonresidential uses only), R-5, B, 1-1, IP, SSC, business/commercial flex, and mixed use zoning districts shall require rooftop equipment to be centrally located, except in cases where the property owner can show that this is not feasible, in which case the most unobtrusive feasible rooftop location shall be used. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations. (Ord. 005-545, 10-17-2005; amd. Ord. 009-613, 10-19-2009) Chapter 6 PERFORMANCE STANDARDS 10-6-9 SCREENING: {E4 G) Screening Of Double Frontage Lots Adjacent To Collector And Minor Arterial Roadways: All subdivided land included in all districts, which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet (20') from the edge of the right of way line toward the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot (6') high wood fence with landscaping located between the fence and the property line, a berm with landscaping, a hedgerow, or an opaque landscaped screen. The plantings should be installed in order to provide one hundred percent (100%) screening of rear buildings from the collector or minor arterial street. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: TITLE 10 Zoning Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: (A) Purpose:The purpose of this landscaping regulation is: 1. To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas. 2. To minimize environmental effects of a development on a particular site and surrounding area by providing shade,erosion control,air purification,groundwater recharge,oxygen regeneration and noise,glare,and heat abatement. 3. To protect and preserve the appearance,character,and value of property and thereby promote the general welfare of the city. 4. To buffer conflicting land uses and enhance the quality and appearance of the entire site. (B) Landscape Plan Requirements:Plans for required landscaping in the 13-1,B-2, B-3,B 4 SSG, IP-and 14-districts and for multi-family dwellings shall be submitted to the planner for approval commented[LCI]:Add mixed use distdccs m this fisc? before any permits are issued.The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan.A registered landscape architect,registered architect,certified arborist,horticulturist or landscape designer shall prepare the plan. (C) Landscape Plan Contents:A landscape plan shall include the following information: 1. North point and graphic scale,not less than one inch(1")to one hundred feet(100'). 2. The name of the project;developer;owner;and the person who prepared the plan,with their professional designation;and the date and revision dates of the plan. 3. Accurate final grades at two foot(2')contour intervals. 4. The location and dimensions of all existing and proposed structures, parking lots and drives,curbs,sidewalks,refuse disposal areas,fences,storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the city. 5. The location,size,and type of all overhead,at grade,and underground utilities and structures with proper notation,where appropriate,as to any safety hazards to avoid during landscape installation. 6. The location,type,sizes and quantity of all proposed landscape materials shall be delineated on the plan.Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: 7. All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name,the quantity of proposed plants and trees,their height,caliper or gallon size and any requirements during installation. 8. Location of hose connections and other watering sources including the location of irrigation systems. 9. Any existing vegetation proposed to be saved shall be identified by name,quantity and size.Methods of protecting the vegetation must be illustrated and explained.Any existing trees,twelve inch(12")diameter or larger measured at four and one-half feet (41/2')above ground that are proposed for removal,must be included on the plan. 10. Water permeability test results are required to be shown on the landscape plan.See subsection(E)2 of this section for testing techniques. (D) General Landscaping: 1. Landscaping Required:All areas not covered by buildings,paved areas,or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material.Any outdoor storage area shall be surfaced to control dust. 2. Developed Uses:In all residential,business and industrial districts,except in B-2, developed uses shall provide a landscaped yard along all public streets.This yard shall be free from structures,storage and off street parking,except for driveways,and shall be at least ten feet(10')in depth. 3. NeafesideatialBusiness Uses:Where lots or parcels in any nonresidential zoning district are within one hundred feet(100')of a residential zoning district(R-1,R-2,R-3,and R-5) a landscaped yard ten feet(10')in width shall be installedone hundred percent(100%)screening(plant material,fence,etc.),as described in Sec. 10- 669 shall be installed within the landscaped yard. 4. Industrial Uses (a) Where lots or parcels in any nonresidential zoning district are within one hundred feet(1001 of a residential zoning district(R-1,R-2,R-3,and R-5)a landscaped yard twenty-five feet(25)in width shall be installed;the required one hundred percent(100%)screening(plant material,fence,etc.),as described in Sec. 10-6- 9,shall be installed within the landscaped yard. (b) All open spaces shall be dustproofed,surfaced, landscaped,rockscaped or devoted to lawns. (c) Not less than two-thirds(2/3)of the required building setback area from any dedicated street shall be landscaped with lawns,trees,shrubs and walkways. (d) Landscaping shall be installed within ninety(90)days of occupancy or substantial completion of building,whichever occurs first,weather permitting. 4.5. High Density:High density residential developments which range from seven(7)and sixty(60)units per acre shall include at least twenty percent(20%)of the parcel as landscaped open space and ten percent(10%)of the parcel must be developed for private recreation and/or common open space. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING. 5-6. New Construction:New business construction in the B-1 limited business district shall maintain a minimum of ten percent(10%)of the site area as landscaped open space devoted to pedestrian use. &7. Off Street Parking:Any off street parking lot containing more than six(6)parking spaces shall be landscaped along the perimeter of the parking lot as follows: (a) Number Of Plant Materials:One tree and three(3)shrubs for every forty feet (40')of parking lot perimeter installed as close to forty feet(40')as possible along the parking lot frontage,allowing for utilities and intersection visibility requirements,in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three(3)or more and installed to visually buffer the parking lot and roadway. (b) Minimum Landscape Area:A continuous nonpaved area at least ten feet(10')in width,shall be located between the edge of the parking lot and the property line. (c) Plant Species:Large canopy trees should be installed to provide shade for parking spaces.Evergreen trees should be used to screen parking lots and interior roadways.Visual buffers shall be a maximum of three feet(3')in height at maturity.No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site. �8. Parking Lots:Any parking lot containing more than twenty(20)parking spaces shall provide landscaping as follows: (a) Number Of Plant Materials:A minimum of one tree and three(3)shrubs for every twenty(20)parking spaces is required.Each interior island shall have at least one canopy tree that does not impede vehicular visibility. (b) Location Of Interior Islands:A minimum of one interior planting island for every twenty(20)parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department. (c) Interior Planting Island:The planting island shall have a minimum width of eight feet(8'),a maximum length of sixteen feet(16'),and a minimum area of one hundred twenty eight(128)square feet.A minimum of seventy percent(70%)of every interior planting island shall be planted with live plant material, such as trees,shrubs,ground cover,or turf grass.The shrubs and ground cover shall be a maximum height of three feet(3')at maturity.The remaining area of the interior planting island shall be covered with an organic mulch. (d) Location Of Conduits: In cases where lighting conduits are installed within the interior planting islands,the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material. (e) End Islands Of Parking Aisles:The end islands of all parking aisles and corners must be a minimum width of eight feet(8')and a maximum length of sixteen feet (16')for a single parking aisle or thirty two feet(32')for double parking aisles. The end islands shall be landscaped as required above. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: (f) Concrete Curbing:Concrete curbing is required for parking islands within the parking lot area. (g) Suggested Location Of Interior Islands For Safety:Parking lots shall be designed to promote safety for automobile drivers and pedestrians.In designing parking spaces,the driving aisles should be aligned toward the major destination as permitted by topography.This allows for pedestrian traffic to move through the aisles instead of crossing parking bays.One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography.Plantings may be located along the sidewalk to promote an aesthetic approach toward the building. SGreened from adjaGent property or street right ef way by a six feGt(6')opaque fenGe-GF masenFy wall. areas shall be allowed neF shall any aFtiGles,goods,FnateFials eF steFage tanks be kept i44 GGntaiReF6 and equipm .4,-1.-!!be ene hundred PeFGeRt(400,04)fFAM view RequiFed 6GF8eRiR9 6hall ORGlude:a)a six(6)to eight feet(9')high epaque weadeR feRr-- 40-.9. double#E)Rtage lot AA AdditiPRAI tM_18Rty feet(29')fFem the edge of the Fight of way 1 Re line.The developer shall be required to install the AGreening and this aFea may be GGreened by eitheF a six feet(6')high wood fenGe With landSGaping lep-ate-d-'bebvaon the PeFGent 0 (E) Planting Requirements: 1. Specifications:The minimum planting sizes for all plant material is the following: (a) Evergreen trees:Six feet(6')in height as specified by the American Association Of Nurserymen,except for the true dwarf varieties. (b) Ground cover plants:Crowns,plugs,containers,in a number as appropriate by species to provide fifty percent(50%)surface coverage after one growing season.The species must provide seventy five percent(75%)to one hundred percent(100%)surface coverage after two(2)growing seasons. (c) Medium and large deciduous shade trees:Two inch(2")caliper,as measured six inches(6")above the ground as specified by the American Association Of Nurserymen. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: (d) Shrubs(deciduous and evergreen,including spreader and globe tree forms): Twelve inches(12")to eighteen inches(18")in height. (e) Small deciduous or ornamental trees:Minimum caliper of one and one-half inches(11/2")as specified by the American Association Of Nurserymen,except for the true dwarf varieties. (f) Sod:As required to provide coverage and soil stabilization.Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard. (g) Turf and native grass:Seeding as appropriate to provide complete coverage within the first growing season. 2. Soil Specifications:The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in.This requires a sharp shooter spade dug eighteen inches(18")into the ground.Fill the hole with water and if after eighteen(18)hours the hole still retains the water,the soil is determined to be too poor for planting. 3. Poor Soil Remedies: If the soil is determined to be too poor for planting,the following two(2)possible remedies are recommended.The first remedy is to install a ten foot(10') wide raised planting bed in order to provide acceptable planting soil.The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches (2")above the ball.The bed must be covered with four inches(4")of mulch to provide for moisture retention.A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five(5)times the size of the root ball and replace the soil with quality planting soil.This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil. (F) Lot Frontage Tree And Boulevard Tree Species: 1. Prohibited Species: (a) In no cases shall prohibited species be planted as boulevard trees.Prohibited species are defined as the following trees: (1) Ash species (2) Box elder (3) Evergreens (4) Ginkgo(female only) (5) Nondisease resistant elm species (6) Nonhybrid cottonwood species (7) Silver maple (b) In no cases shall prohibited species be planted as lot frontage trees.Prohibited species are defined as the following trees: Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: (1) Ash species (2) Box elder (3) Nondisease resistant elm species (4) Nonhybrid cottonwood species (5) Silver maple 2. Landscape Plan:Developers of new developments must submit a landscape plan to the planning division.The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings.The lot frontage trees are required in the front yards of lots in new developments.Boulevard trees in new developments shall only be installed on city approved boulevard tree routes.The only exception would be if an agreement is made with a homeowners'association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity. (a) Spacing For Lot Frontage And Boulevard Trees: (1) Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet(40')of lot frontage or one tree per lot if forty feet(40')is not feasible. The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract.Special planting designs for lot frontage trees need to be approved by the planning division. (2) Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every forty feet(40')of boulevard frontage or one tree per boulevard frontage if forty feet(40')is not feasible.The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract. (b) Location For Lot Frontage And Boulevard Trees: (1) Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet(8')from the front property line and shall be installed in a parallel line to the front lot line. (2) Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb.The distance trees may be planted from curbs, sidewalks,trails,or pavement shall be no closer than four feet(4'). (c) Distance From Street Corners And Fire Hydrants: No lot frontage tree,boulevard tree,replacement tree,landscape material or fences shall be located within the triangle of visibility,which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets thirty feet(30'),and Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: connecting their end points with a straight line.No lot frontage tree,boulevard tree,or replacement tree shall be planted closer than ten feet(10')from any fire hydrant. (d) Utilities: No lot frontage tree,boulevard tree,or replacement tree may be planted within ten(10)lateral feet of any underground water line or sewer line(sanitary or storm)and two feet(2')from any other underground utility.Gopher State One shall be called to request locations of utilities. (G) Tree Maintenance: 1. The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards. (a) Planting Requirements:The natural resources division will review all planting of trees and shrubs within"city boulevards",defined as the area between property lines on either side of all streets,avenues,or ways within the city. (b) Replacement Of Trees: (1) The city shall be responsible for removing existing boulevard trees that have died,are dying,or sustained severe damage.The city shall replace trees on designated boulevard tree routes. (2) The owner of any lot of record may,at his or her own risk,replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet(8')from the property line in front yard drainage and utility easements. (c) Trimming Requirements:The city will be responsible for all trimming of boulevard trees.As these trees are on city property,and are essentially and legally city property,they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures. (d) Responsibility For Maintenance Of Trees: (1) The city will inspect and trim boulevard trees. (2) The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property. (e) Height Standards:Trimming height standards must maintain a ten foot(10') clearance above any walkway and fourteen feet(14')above the roadway.These requirements provide clearance for walkers,snow removal equipment and solid waste vehicles. (f) Brush From Pruning:The city will not collect any brush resulting from pruning or removal of trees or brush from private property. (g) Emergency Collection Of Brush:An emergency brush situation would occur when the public safety officer declares one to exist.Then and only then will the city collect brush generated by residents on private property,as a onetime emergency service. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: (H) Tree Topping: 1. It shall be unlawful as a normal practice for any person to top any street tree,park tree or other tree on public property except as allowed in section 8-6-10 of this code. "Topping"is defined as the severe cutting back of limbs to stubs larger than three inches (3")in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.Trees severely damaged by storms or other causes,or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division. (1) Pruning,Corner Clearance: 1. Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet(10')above the surface of the street or sidewalk.Said owners shall remove all dead,diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public.The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (J) Dead Or Diseased Tree Removal On Private Property: 1. The city shall have the right to cause the removal of any dead or diseased trees on private property within the city in accordance with title 7,chapter 6 of this code when such trees constitute a hazard to life and property,or harbor insects or disease which constitute a potential threat to other trees in the city.The natural resources division will notify, in writing,the owners of such trees.Removal shall be done by said owners at their own expense within sixty(60)days after the date of service of notice.In the event of failure of owners to comply with such provisions,the city shall have the authority to remove such trees and charge the cost of removal on the owners'property tax notices. (K) Removal Of Stumps: 1. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (L) Tree Protection In Construction Zones: 1. Specifications:Existing trees and vegetation that are to be saved shall be protected from all construction activities,including earthwork operations,movement and storage of equipment,and materials and dumping of toxic materials.A minimum protection zone shall be established by the installation of temporary fencing around existing vegetation to be preserved,placing the fencing no closer to the trees than their drip lines,and this information shown and noted on the plans.Protective fencing shall be maintained throughout the construction period.Alternative protection measures may be approved by the zoning officer.Construction details which indicate special techniques that will be employed to save trees are required for all existing trees for which credit is desired. Existing trees will be counted as fulfilling the landscaping requirements of this section. Trees counted shall be all existing deciduous trees with a trunk size of four inches(4")or larger,measured at four and one-half feet(41/2')above the ground and all existing evergreen trees measuring five(5)vertical feet or more in height. Chapter 6 PERFORMANCE STANDARDS 10-6-10 LANDSCAPING: 2. Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two(2)years after completion of the activities associated with construction of the site,the owner of the property must replace the trees within six(6)months at a ratio of one to one(1:1)with an approved tree having a minimum diameter of two inches(2")measured at a point six inches(6")above the natural grade.Shrubbery or other plantings which die within two(2)years of completion of the activities shall be replaced in kind within six(6)months. (M) Overhead Utility Line Planting Requirements: 1. Location:Overhead utility lines must be located on the landscape plan.In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line,the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard,but five feet(5)to ten feet(10')from the property line,the screening and buffer yard plantings shall be installed along the property line with city staff approval. 2. Species:The following guidelines must be considered when planting near overhead utility lines.Considerations should be given to soil conditions,drainage,exposure, growth patterns,and local experience when selecting plant materials. Type Height Where Planted Shrubs Maximum of 15 feet Under overhead lines Small trees Over 15 feet,but under At least 15 feet from overhead utility 30 feet lines Medium trees 30-70 feet At least 35 feet from overhead utility lines Large trees Over 70 feet At least 45 feet from overhead utility lines (N) Landscape Guarantee: 1. Guarantee:All new plantings shall be guaranteed for two(2)full years from the time planting has been completed.Plants not alive at the end of the guarantee period shall be replaced. 2. Surety:Prior to approval of the landscape 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 for guaranteeing completion and compliance with the plan. 3. Completion Or Bond:A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed.(Ord.016-716,9-6-2016) Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL, TITLE 10 Zoning Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE i NDSHORELAND MANAGEMENT REGULATIONS: (A) Purpose And Authorization: 1. Purpose: The uncontrolled use of she e-IARdshorelands 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 mere landshorelands 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 shere landshorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of sere landshorelands, 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 sherelaadshorelands 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 shore landshoreland areas issued after July 15, 2002. This section applies to all land located within the defined s#eFe4andshoreland. 3. Abrogation AaAand 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 shefe landshoreland 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 sheFe-landshoreland area; the cutting of sdere landshoreland 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 SHORE LANDSHORELAND MANAGEMENT REGUL, 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 fie' Department of mal Natural Fese+�rses 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 shore landshoreland management controls must be sent to the commissioner of the Department of natuFal Natural Fomes 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 sheFe landshoreland management controls must be sent to the commissioner of the went Department of Ratural Natural reTResources or the commissioner's designated representative and postmarked within ten (10) days of final action. 2L.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) ShedShoreland Classification System aAnd Land Use DiStFiGtS: 1. S-heredShoreland 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. 114N, R. 20W, Sections 3, 4, 8, 9, 10, 11, 12, 13 and T. 114N, R. 19W, Sections 18, 19, and 30 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL, Middle Creek T. 114N, R. 19W, Section 30 and 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 shere landshoreland area for these water bodies shall be shown on the official zoning map (or official zoning overlay map). 2. L. L D;stT;stLand Uses E)istFitsf or Rivers aAnd Streams Shoreland: {G3La� _The land uses #moi„-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. shore of CarmingteR P = Permitted use C = Conditional use N = Prohibited use Agricultural Tributary oesodeptm;,l d �#r*rt- Sin I -unit detached P P dwellin Twin home, Two-Unit, and Three- P P to Four-Unit Dwellings9uple-x-, #riplex quad resid-eptiol Residential PUD -Q -Q Commercial C C Commercial PUD* -Q -Q Solar Power Facilities (principal C C use Parks/historic sites F Public/Semipublic C C Ln-diatrial N C Agricultural: cropland and pasture P P Agricultural feedlots: New N N Agricultural feedlots: Expansion or C C resumption of existing Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL, Forest management P P Extractive use C C Q Q Q S Duplex, triplexquad residential Gored management �R �^ Cinrrle rocirlontial ^� S+ * 8 S C vt motive uce 6` Cored management �nn S /P -(P C b *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. 7 Uses Anrl I InnradiRg Of lnr•nncictent 1 and Use Dic#riG (a\ The i cStnrirtc dept.-.d iR tthrt6title as the apply to chore land .. eas and lam- -rvcsctavpcCV � .�...,� apply .., .,��..�.� �.���.. .,...�.�.. .,...,.. d' + # d at'9RS may Gent' until revisiens, are nrnnesed to nhanne ei#her /h\ When a revicinn to a land 61649 rlietrir•t dteoinna#inn nn a rider nr c#room i RAMP rlq, 'thin the r' rJ' #' n of this ont'nn must he revised to mAke them ci ibstan#ially GOnt�igAE)LIS Tnr mere than a fide /F\ mile segMeRt�� or_he chore land fa rdncer r)neehe eiiali ir!nteand re�iicert "':JJ Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL, (b) Interpretation (1) When an interpretation question arises about whether a specific land use fits within a given "use" category, the.E-planning Ceommission shall decide the issue. k44L2LWhen 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. (G) When -A n 6 n i pFepe ed ttent Innrl use dictrint nrnvicinn by aR i nenecc +nr to atisfy the rem iirementc i Rder s bsertionc (D)l and (D)2 of 4hic conte (d) The Gity GeURGPI shall make a detailed fiRdiRg Gf faGt and E;9RGIU64E)R when takiRg Ia4Ad_ I-Irse dictrint rte innatinn nn said water be ly are nnncictent with the (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-unit 150 75 dwelling Qup[exTwin 225 115 home/Two-unit dwelling Tr�xThree- 300 150 unit dwelling Q Four-unit 375 190 dwelling (2) Re5idential subdivisions with dwelling unit densities exceeding those in the table above can only be allowed if designed and approved as residential planned unit developments. Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL, (b) Additional Special Provisions=for Planned Unit Developments (PUDs): (1) Processing of PUDs: Planned unit developments in the-sShore ILland dDistrict must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined in Section 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 11-and District must be evaluated using the following procedures: A. Identify Density Analysis Tiers. Divide the prosect 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 Shoreland Tier Maximum Density Increase within each Tier (percent) 1 St 50 2nd 100 3rd 200 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 4t" 200 Stn 200 (3) Design Criteria. All PUDs in the Shore tLand must meet the following design criteria A. General Design Standards 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: Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL, (1) Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staving 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; (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. i. 2. Placement, Design And-and Height Of-of Structures: (a) Placement Ofof Structures 0-non 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. MQ_Structures and eR siteonsite 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 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 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 shere landshorelands by vegetation, 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. SheFe LandShoreland 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 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGULY 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: (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 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 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 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(65') 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(35') minimum, plus two feet(2') for every one percent(I%) 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. Q) 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. Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL (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. (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 Shere LandShoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve sheFe Jan4shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (a) Vegetation Alteration.- (1) lteration:(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, Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 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. (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 sere laedshoreland 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: Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 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 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; Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 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'). 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 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL 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. 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 sheFefandshoreland 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 Ssite development and restoration plan must be developed, approved, and followed over the course of opertation. The Plan must: (1) Address dust noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations; Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL (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. {s3Lb) 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 shere 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 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 sheFe lots of record in the office of the county recorder on the date of adoption of local eire Ilandshoreland 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 shore landshoreland areas according to the following: (a) A nonconforming single lot of record located within the shere landshoreland 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 s"oFe landshoreland 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; Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL (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 shere landshoreland 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. (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 Chapter 6 PERFORMANCE STANDARDS 10-6-18 SHORE LANDSHORELAND MANAGEMENT REGUL (4) The deck is constructed primarily of wood, and is not roofed or screened. 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'....::..; Elm .....:ono- � .■_ _nu::m1 unn■.nnu-qnu:E,a�e ■ •■ =.7 7 =.a 111111 , :� X1111111=' _ rllllnm - uuiSiil'•L����C 7:p� lag ■ 11 r_ , III•11111:=`� :1 ::,I•II-• - :111111111- .r_. � •' �..f • � I . . � All... ��11111— 1� CITY OF O 43o Third St., Farmington, MN 55024 FARMINGTON © 651-28o-6800 �I� O FarmingtonMN.gov TO: Mayor, Councilmembers and City Administrator FROM: Adam Kienberger, Community Development Director SUBJECT: Hy-Vee Business Subsidy Agreement Update(30 Minutes) DATE: April 12, 2021 INTRODUCTION City Council has requested an update on the status of the business subsidy agreement and development contract related to the property owned by Hy-Vee in the Vermillion River Crossings development(VRC). DISCUSSION On August 16, 2016,the Planning Commission approved Hy-Vee's site plan, preliminary and final plat applications, and conditional use permits for a grocery store and convenience store with gas (as conditional uses in the Spruce Street Commercial Zoning District). As part of the original development of VRC, assessments were levied against the parcels to fund the development infrastructure currently in place. Payments on the bonds levied to fund the infrastructure were incorporated into the budget each year. The bonds for this project will be fully paid off in 2021. 1 n order to facilitate a market rate sale of the property, it was recommended that the City Council approve a business subsidy agreement with Hy-Vee related to the outstanding assessments assigned to the current Outlots A and C of the Vermillion River Crossings Plat. Outlot A currently had an assessment balance of$353,737.72,while Outlot C had a balance of$1,704,993.51 (principal plus interest). The desired outcome was to get this commercial land into the hands of an end user, ultimately resulting in new commercial development in Farmington. Hy-Vee purchased the property on September 21, 2016 per county tax records—this is the date that started the clock on the five-year window for the assessment deferral. When construction of the store commences, Hy-Vee has agreed to create at least 20 full-time jobs at a wage of$13.00 per hour or more, excluding benefits within two years. On August 25, 2016 the EDA unanimously voted to recommend the City Council approve a business subsidy agreement with Hy-Vee I nc. A market study that was recently obtained by the city perhaps outlines some of the reasons for a delay in committing to a timeframe for a location in Farmington.The study is attached for review along with the VRC 5th amendment and Hy-Vee business subsidy agreement. Some options for the City Council to discuss include: 1. Hy-Vee pulls a building permit(once through the proper platting process) and meets the terms of the existing agreement. 2. Hy-Vee requests an extension or possible 7th amendment to the development contract for a negotiated period of time. 3. Hy-Vee does nothing and the re-assessment clause kicks in. BUDGET IMPACT NA ACTION REQUESTED Review the attached documents and discuss how to best approach Hy-Vee regarding their existing commitments in the V RC 5th amendment to the development contract and related business subsidy agreement. ATTACHMENTS: Type Description ❑ Exhibit Hy-Vee Site Plan ❑ Exhibit Hy-Vee Project Narrative ❑ Exhibit VRC 5th Amendment ❑ Exhibit Hy-Vee Business Subsidy Agreement ❑ Exhibit 2021 Market Study ®6 ho .g s POCA BAR Vios3NNI1N'NOlJNIMM] q U Ya p 33n-AH NO1ONI1Mib'.J SSI `I R O p Mal ml!hl all RAN TIE 151a W111,1111.9 if U i III � �1rH6l�L. Y7R �add7434g9'< < ` Rp a $ s§s day �� � �� v� f Es I � i j, all o imil I ^ s � e adds •.��� ��:b���� <��� �r!9������ ���d� � � �� �� � � � �� � e � � � � Ids �a$ ��II � � �� � �' � ��� � _ -a.7a39.9"a .9 v I 11 1t"vI ... .. .t. x:.- • tl I M O 1 -- -- -- -- - --- R - - I �i� I` I �r•t N w l � I �! I �,•r l I � LL�m - I 1 w n 4 I l l �s I T:--,- I �m I L---_____--- I I I I I I 3; Oaw I�, I I , I f I ill. l I I u .. - -- -- -- - ---------------------. . _ __ ___ __... ____ - J v Farmington Hy-Vee Development Project Narrative 07/19/16 HY-VEE BACKGROUND: As an employee-owned company, Hy-Vee encourages each of its more than 82,000 employees to help guide the company. Its 85 years of outstanding success is a testament to those employees' hard work and dedication to the vision of its founders. Today,Hy-Vee is synonymous with quality, variety, value and superior customer service. Its slogan, "A Helpful Smile in Every Aisle," expresses the foundation of the company's operating philosophy. Hy-Vee is a touchstone for its customers' desire for information on culinary, nutrition and wellness topics. The company's commitment to healthy lifestyles is evidenced by ever-growing HealthMarket departments featuring natural and organic products,the consulting services of in- store dietitians and chefs, and consumer and employee wellness programs. The company also sponsors the annual Hy-Vee Road Races during the Drake Relays weekend in Des Moines and five Hy-Vee Pinky Swear Kids Triathlons across the Midwest that raise money for children with cancer and their families. Hy-Vee ranks among the top 25 supermarket chains and the top 50 private companies in the United States. Its more than 240 stores are located in eight Midwestern states: Iowa, Illinois, Missouri, Kansas,Nebraska, South Dakota, Minnesota and Wisconsin. Distribution centers are in Chariton, Iowa, and Cherokee, Iowa,with a third perishable operation in Ankeny, Iowa. Hy- Vee's corporate office is located in West Des Moines, Iowa. HY-VEE STORE DETAILS: The proposed 57,000 SF supermarket will have the typical grocery store departments including produce, bakery, delicatessen(sliced meats and specialty cheeses), meat, dairy, and general grocery. Other departments provided by Hy-Vee for complete customer care include general merchandise, HBC (health, beauty, & cosmetics), organic (HealthMarket),pharmacy, seafood, food service/restaurant, floral,pet care, coffee shop,postal/mail services, and dry-cleaning. The store's pharmacy department will have a drive-up lane (window with a drawer or a tube delivery system). The Pharmacy could possibly include a clinic space in partnership with a local medical facility as well and include a couple examination rooms with a small waiting area. The kitchen department will offer prepared foods available for on-site consumption in the casual dining area or packaged to go. Food flavor profiles include barbeque/smoked, Asian, Italian, prepared salads (hot& cold) as well as a soup & salad bar. The Market Grille Express is a limited-service dining option that is within the grocery store but also has a shared sitting area for the casual dining customer. A limited selection of beer and wine will be offered in this area for on-site consumption. In addition, a City of Farmington operated wine & spirits retail space is being offered as part of the development for sales of prepackaged beer, wine & alcohol. A tasting/educational room for wine & beer tasting classes may also be included in this area of the store, depending upon final agreements between the parties. The supermarket is typically open 24 hours a day, with major departments providing counter service between 7 am to 10 pm and the convenience store is typically open between 5 am to I 1pm with 24 hours fuel sales where code-allowable. A typical Hy-Vee store of this size will have approximately 400 employees (100 full-timers/300 part-timers). PLAN SUMMARY: Land Use The site is proposed to be replatted into three separate lots and one outlot. The primary use for the site is a grocery store on the largest lot in the south block. The grocery store will be oriented northerly towards Knutsen Drive. A outlot west of the grocery store lot could be sold off and developed by others subject to non-competing agreements. A proposed convenience store with an attached coffee shop along with a fueling island and carwash is planned on a lot in the north block at the corner of Dushane Parkway and CSAH 50. A second lot is planned on the north block at the corner of Pendersen Way and CSAH 50 and will be offered for sale for development by others. Architecture The Hy-Vee store fagade will be a mix of durable materials including precast, brick, and aluminum storefront glass. Clear and visible signing of the entrances to the main grocery store, pharmacy, and wine & spirits areas are thoughtfully placed. The convenience store has the same material palette and design elements as the grocery store. Any building within the development shall be designed so that the exterior elevation of each shall be architecturally and aesthetically compatible with the grocery store. FIFTH AMENDMENT TO DEVELOPMENT CONTRACT THfS FIFTH AMENDMENT TO DEVELOPMENT CONTRACT(the"Amendment")dated this /G f day of ,2016,by,between and among the CITY OF FARMINGTON,a Minnesota municipal co oration('City"),and FARMINGTON LAND,LLC,a Delaware limited liability company("Developer"). RECITALS A. Developer is the fee owner of the property within the City of Farmington,Dakota County, Minnesota,legally described in Exhibit A(the"Property"). B. The City and Developer's predecessor in interest entered into that certain Development Contract dated August 1,2005,recorded October 26,2005 in the office of the Dakota County Recorder as Document No. 2374405 (the"Development Contract")related to the Property. C. The Developer assigned the Development Contract to the Lender for collateral purposes pursuant to that certain Assignment of Development Contract and Development Rights dated September 9,2005 (the"Collateral Assignment"). D. The Development Contract was modified by the following: (i) First Amendment to Development Contract dated May 15,2006,recorded in the office of the Dakota County Recorder as Document No. 2431735(the"First Amendment"); (ii) Second Amendment to Development Contract Contract dated September 24,2007, recorded in the office of the Dakota County Recorder as Document No. 2548303 (the"Second Amendment");and 184721v1 (iii) Third Amendment to Development Contract Contract dated December 15,2008, recorded in the office of the Dakota County Recorder as Document No. 2632971 (the"Third Amendment"); and (iv) Fourth Amendment to Development Contract dated May 4,2009,recorded in the office of the Dakota County Recorder as Document No. 2682049 (the"Fourth Amendment"); (collectively referred to herein as the"Amendments"). E. The Development Contract provided for special assessments to be levied against the Property for the Spruce Street construction costs; F. The Developer has requested that the special assessments for the Property be deferred until development of the Property and that the City consider a business subsidy agreement for future development of the Property; NOW, THEREFORE, the City and Developer, in consideration of the executed Development Contract,the Amendments,and the mutual promises and covenants contained herein,now mutually agree to amend the existing Development Contract by modifying the Development Contract as follows: 1. . ASSESSMENTS. The assessment required for the construction of Spruce Street under paragraph 6 of the Development Contract and paragraph 2 of the First Amendment identified as Assessment #140368 shall be deferred for the Property until five (5) years after sale of the Property by Developer. Upon the termination of the deferment, the assessments shall be re-assessed over a 15 year period at 5.70% interest rate (consistent with paragraph 2 of the First Amendment) with the first year becoming payable in the 6th year following the sale. Developer and the City may enter into a mutually agreeable business subsidy agreement in connection with the development of the Property providing for forgiveness of the assessments. If the parties enter into a business subsidy agreement that provides for forgiveness of the assessments, the assessments shall terminate upon execution and recording of the business subsidy agreement. 2. TAX ABATEMENT. The City and Developer did not enter into a tax abatement agreement as provided under paragraphs 6 of the Development Contract and paragraph 3 of the First Amendment. The tax abatement provisions of the Development Contract and First Amendment shall be of no further force or effect. 3. ESTOPPEL. The City hereby acknowledges that, except for payment of the assessment required for the construction of Spruce Street described in the Contract and the Amendments, in the amounts allocable to the owner of the Property, the obligations of Developer set for in the Contract and Amendments have been satisfied as to the Property and Lot 1, Bock 1 of Vermillion River Crossings ("Lot 1"), and the City shall not look to the owner of the Property or Lot 1 for performance of any obligations of Developer pursuant to the Contract and Amendments. 4. Except as specifically provided herein, the Development Contract remain unchanged and in full force and effect.Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Development Contract. 184721v1 CITY OF FARMINGTON BY: Todd Larson,Mayor AND: avid McKnig , Administrator STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 124day of , 2016, by Todd Larson and by David McKnight, respectively the Mayor and City Admini •ator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. CYNTHIA A. MULLER� TARP PUBLIC NOTARY PUBI JC•FBNNESOTA tdy commission Expires f' M January 31,2019 Y M 1847210 DEVELOPER: FARMINGTON LAND,LLC By:DF Services Its: Manager By: Dougherty Funding LLC Its: Sole Member By -- Nar Title: STATE OF MINNESOTA ) (ss. COUNTY OF DAKOTA }The f pgoin instrument was acknowledged before me this day of 1 , 2016, bythelQDtlt/ of Farmington Land, LLC, a Delm&e limited liability company, on beg alf of the company. NOTARY PUBL) ie" KAREN I RYAN NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 01131/2018 DRAFTED BY: CAMPBEL •KNtrt'sON Professionat Assoctatton Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone:(651)452-5000 AND 184721v1 EXHIBIT A Legal Description of Property Outlots A and C,Vermillion River Crossings, County of Dakota,State of Minnesota, according to the recorded plat thereof, except that portion of Outlot C replatted as part of Vermillion River Crossings Second Addition. 184721 vi • Receipt#463271 3156617 AGREE $46.00 �Nu' Return to: III CITY OF FARMINGTON 430 THIRD ST Recorded on:10/19/20161:87 PM FARMINGTON MN 88080 By,TM13 .Deputy Office of the County Recorder Dakota County,Minnesota Joel T.Beckman,CowdyRsoombr BUSINESS SUBSIDY AGREEMEleT'1' THIS BUSINESS SUBSIDY AGREEMENT("Agreement"), made on or as of the J 7"" day of 2016, by and between the CITY OF FARMINGTON, a Minnesota municipal corporation(the"City')and HY-VEE,INC., an Iowa corporation("Recipient"). WHEREAS, Recipient has proposed to construct a 57,000 square foot building in the City of Farmington, Minnesota, which building will consist of a grocery store, together with parking and landscaping improvements("Project"); WHEREAS, Recipient has entered into a purchase agreement with Farmington Land LLC, a Minnesota limited liability company to acquire certain real property described on Exhibit "A"attached hereto("Property'l for the construction of the Project; WHEREAS, in connection with the purchase of the Property and to make the development economically viable, the Recipient has requested a business subsidy to abate the special assessments levied by the City against the Property for the Spruce Street Bridge Special Assessments ("Assessments"), including principal and interest (`Business Subsidy), which are currently in the amount of$2,058,731.23 through December 31,2016; WHEREAS,the City has the authority pursuant to Minnesota Statutes, Section 469.124 through 46.134 (the `Economic Development Act') to provide financial assistance to projects that provide a public benefit to the City; WHEREAS, the Business Subsidy will create additional job opportunities within the City and develop property that is currently vacant and under-utilized, and will enhance the quality of life ofthe community by providing desirable goods and services within the City; WHEREAS, the City has determined that the Business Subsidy serves a public purpose other than increasing the tax base; WHEREAS, the City has conducted a public hearing on the Business Subsidy as required by law; 18822M 1 WHEREAS,but for the Business Subsidy requested, it would not be financially feasible for the project to proceed in the manner as proposed; WHEREAS, Minnesota Statutes, Sections 1167.993 and 116J.995, provide that a governmental agency that provides financial assistance for certain purposes must enter into a business subsidy agreement setting forth goals to be met and the financial obligations of the recipient ofthe assistance if the goals are not met. NOW,THEREFORE,in consideration of the premises and the mutual obligations of the parties hereto,each of them does hereby covenant and agree with the others as follows: Section 1. Definitions. In this Agreement,unless a different meaning clearly appears from the context: (a) "Benefit Date"means the date the Recipient receives the business subsidy,the date the City abates the Assessments. (b) `Business Subsidy Act"means.Minnesota Statutes,Sections I I6J.993 to 116J. 997,inclusive,as hereinafter amended. (c) "Compliance Date"means two years after the Benefit Date,at which time compliance ofthe terms ofthe Agreement is required. (d) "Job Goals" means the goals of the Recipient relating to the number of employment positions,wages,and benefits that will accrue within two years ofthe Benefit Date. Section 2. Subsidy Agreement Requirements. (a) The City and Recipient recognize and agree that the City's abatement of the Assessments is defined as a business subsidy under the Business Subsidy Act, and is subject to the provisions thereof (b) The public purposes of the Business Subsidy are to provide for the ability to develop vacant and underutilized property to construct a grocery store, which will result in job creation,providing secondary economic benefits, increasing the quality of life in the community and increasing the City's tax base. (c) The goals for the Business Subsidy are: to secure development of the Project by Recipient;to mairitain such improvements and the business on the Property for at least five(5) years from the Benefit Date;and to create the jobs and wage levels in accordance with Section 3 below. (d) If the goals described in Section 2(c) are not met, the Recipient must make the payment described in Section 4. (e) Recipient acknowledges and agrees that the Business Subsidy provided to the Recipient under this Agreement is needed because the acquisition of the Property and 18822M 2 construction of the Project would not be economically feasible within the reasonably foreseeable future without the Business Subsidy. (t) The Recipient warrants and represents to the City that it has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act,in connection with the Project. (g) The Recipient warrants and represents to the City that, as of the date of this Agreement, it has not failed to meet the terms of any business subsidy agreement as defined in the Business Subsidy Act. (h) This Agreement fully meets the statutory requirements of the Business Subsidy Act and, in the event that any provision of this Agreement is inconsistent or in conflict with any provision of the Business Subsidy Act, and in the event that any provision of the Business Subsidy Act provides additional requirements,the provisions of the Business Subsidy Act shall apply and govern. (i) Business with State of Minnesota/State Tax Laws. The Recipient is required by Minnesota law to provide its Minnesota tax identification number if it does business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in an action to require the Recipient to file state tax returns and pay delinquent state tax Liabilities. This Agreement will not be approved under these numbers are provided. These numbers will be available to federal and state authorities and state personnel involved in payment of state obligations. (i) Minnesota Tax ID: 7 YS $'+(8(O (ii) Federal Employer ID:42-0325638 The City agrees to abate the Assessments upon issuance of a building permit for the Project. Section 3. Job and Wage Goals. The Recipient agrees that it will meet the following goals(the"Goals': (a)Recipient will create 20 new full time jobs in the City by the Compliance Date at a wage of$13.00 per hour or more, excluding benefits. Once Recipient has achieved the Goals, the Goals must be maintained for a period of at least one (1) year. The City may extend the Compliance Date by up to one year. Section 4. Continuing Obligation. Recipient agrees that it will continuously operate or cause to be operated the Project for the purposes described in this Agreement for a period of at least five(5)years from the Benefit Date. Section 5. Reporting. Recipient agrees to (i) report Recipient's progress on achieving the Goals to the City until the Goals are met, or the business subsidy is repaid, whichever occurs earlier, in accordance with Minn. Stat. Section 1167.994, subd. 7; (n) include in the report the information required on forms developed by the Minnesota Department of Employment and Economic Development; and (iii) send the completed reports to the City. Recipient agrees to file these reports no later than March 1 of each year and within thirty(30) 188229v6 3 days after the deadline for meeting the Goals. The City agrees that if it does not receive the reports, it will mail the Recipient a warning within one week of the required filing date. If within fourteen (14) days of the post marked date of the warning letter the reports are not made, Recipient agrees to pay to the City a penalty of One Hundred Dollars ($100.00) for each subsequent day until the report is filed up to a maximum of One Thousand Dollars($1,000.00), pursuant to Minn. Stat.Section 116J.994, subd.7(d). Section 6. Default Defined. It shall be a default under this Agreement if the Recipient fails to comply with the term or provision of this Agreement, and fails to cure such failure within thirty(30)days after written notice to the Recipient of the default, but only if the default has not been cured within thirty(30) days. Section 7. Remedies on Default. The parties agree that Recipient must pay all or a portion of the subsidy amount only if the Recipient fails to fulfill the obligations under this Agreement, in accordance with the terms of this Section 7. Upon the occurrence of a failure to create jobs as required by Section 3 or a failure to continue operations as required by Section 4, the Recipient shall pay to the City upon written demand from the City a "pro rata share"of the subsidy and interest on the subsidy at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the Benefit Date. The term `pro rata share" means percentages calculated as follows: (a) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (b) if the failure relates to wages,the number of jobs required less the number of jobs that meet the required wages,divided by the number of jobs required; (c) if the failure relates to a failure to continue operations of the Project for the purposes described in this Contract in accordance with Section 4, sixty(60) less the number of months of operation (where any month in which the Project are in operation for at least fifteen (15) days constitutes a month of operation), commencing on the Benefit Date and ending with the date operation is ceased,as reasonably determined by the City,divided by sixty(60);and (d) if more than one of clauses (a) through (c) apply, the sum of the applicable percentages,not to exceed one hundred percent(100%). Section 8. Costs of Litigation and Collection. If either party resorts to litigation to enforce the terms of this Agreement, the non-prevailing party shall reimburse the prevailing party for its reasonable litigation expenses, including attorneys' fees, and collection expenses resulting therefrom. Section 9. Indemnification. (a) Recipient shall and does hereby agree to protect, defend, indemnify and hold City and its officers,agents and employees,harmless of and from any and all liability, loss,or damage that the City may incur under or be reason of(i) this Agreement, (u) of and from any and all claims and demands whatsoever that may be asserted against City by reason of Recipient's construction and operation of the Project upon the Property, and(iii) any failure by Recipient to 18822M 4 to perform or discharge any of the terms, covenants, or agreements contained herein, except to the extent the same is a result of the actions of the City, its officers, agents, or employees. City shall promptly notify Recipient of any such allegation or litigation which is subject to the indemnification obligations of Recipient set forth herein, and Recipient shall control the defense or settlement of any such claims with counsel reasonably acceptable to City;provided, however, that City may participate in the defense of any litigation related to the same at City's own cost and expense. (b) This indemnification and hold harmless provision shall survive the execution, delivery, and performance of this Agreement. (c) Nothing in this Agreement shall constitute a waiver of or limitation on any immunity from or limitation on liability to which City is entitled under law. Section 10. Miscellaneous. (a) This Agreement is made and shall be governed in all respects by the laws of the state of Minnesota. Any disputes, controversies,or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction ofthese courts,whether based on convenience or otherwise. (b) No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereon but any such right and power may be exercised from time to time and as often as may be deemed expedient (c) 'Wherever possible, each provision of this Agreement and each related documents shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. (d) All notices required hereunder shall be deemed given upon actual delivery when sent via (i) personal delivery, (ii) US mail, postage prepaid, certified mail, return receipt requested, or(iii) overnight delivery via nationally recognized overnight carrier, in each case to the following addressed(or such other addresses as either party may notify the other): 18822M 5 To the City: City of Farmington 430 Third Street Farmington,MN 55024 Attn: City Administrator To Recipient: Hy-Vee,Inc. 5820 Westown Parkway West Des Moines,IA 50266 Attn:Legal Dept. (e) Recipient acknowledges that nothing contained in this Agreement nor any act by the City or Recipient shall be deemed or construed by Recipient or any third person to create any relationship of third party beneficiary, principal and agent, limited or general partner or joint venture between the City and Recipient. ( The terms and provisions of this Agreement shall be deemed to be covenants running with the Property and shall be binding upon any successors or assigns of Recipient and any fixture owners or encumbrancers of the Property. (g) Recipient agrees that the City, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine,audit, excerpt, and transcribe any . books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures ofRecipient related only to the project to which the Goals are associated,and only to determine if the Goals have been met but not for any other purpose. (h) During the performance ofthis Agreement,Recipient agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. (i) This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties.hereto have caused this Agreement to be duly executed in their name and on their behalf on or as of the date first above written. [Remainder of page intentionally left blank Signatures contained on following pages.] issz M 6 RECIPIENT: HY VEE,INC. Pt Je key,Sr.VicePresident By: k 410-, Nathan Allen,Assistant Secretary STATE OF IOWA ) )ss. COUNTY OF POLK ) 4A The foregoing instrument was acknowledged before me this —day of 2016,by Jeffrey Markey,the Sr.Vice President,and by Nathan Allen, a Assistant Secretary of Hy-Vee,Inc.,an Iowa corporation,on beha rporation. VA,9IA C MAB Nomv Pu lic JVWX 8 issue 7 CITY OFF TO By: Todd Larson,Its Mayor By: id Mc Its City Administrator STATE OF MINNESOTA ) )ss. COUNTYOF DAKOTA ) The foregoing instrument was acknowledged before me this c9/-day of 2%G by Todd Larson and David McKnight,the Mayor and City Administrator, respectively, the City of Farmington,a Minnesota municipal corporation ■ rotary Public •¢' ;' CYNTHIA A. MULL 'R NOTARY PlA3l IC-MNNESOTA My January 31Cornmiss n 019 res Y Y DRAFTED BY: CAMPBELL KNUTSON Professional Association 1380 Corporate Center Curve Suite#317 Eagan,Minnesota 55121 Telephone:(651)452-5000 18822M g f EIX�IT"A" L,eggl DescnofBmp--y Outlots A and C,Vermillion River Crossings,Dakota County,Minnesota,according to the recorded plat thereof except that portion of Outlot C replatted as part of Vermillion River Crossings Second Addition. 18822M 9 t' • !j ��l t: it ti • •Yj l • bj w • i • e • i • • • , • L ■ Z _ W a O J W W • W � O ca O � Z TABLE OF CONTENTS I. Executive Summary 3-4 II. Assumptions 5 III. Trade Ma petition Area Com � P P 6 IV. Trade Area Aerial 7 E V. Trade Area Dynamics 8-9 VI. Market Profile 10 i VII. Thematic Maps 11-14 VIII. Market Share by Store Group 15 IX. Competition Details 16-20 d' X. Site Evaluation 21 XI. Sales Forecasts i I. 32,400sf Conventional 22 II. Market Shares 23 III. 4 O,000sf Conventional 24 k IV. Market Shares 25 XII. Appendix I. Balance Runs 26-27 II. Forecast Runs 28-32 III. Glossary of Terms 33 I IV. Methodology 34 V. Source Data 35 XIII. Disclaimer 36 Page 2 EXECUTIVE SUMMARY The purpose of this market study is to determine first year, year-end weekly sales projections for a new conventional supermarket in Farmington, Minnesota. The site is a vacant 32,400 square foot Family Fresh located on the northeast corner of Elm and is' Streets. The location is also tested at an expanded size of 40,000 square feet. A competitive change includes a new 57,000 square foot Hy-Vee to be located on the west side of Farmington at Highway 50 and Dushane Parkway. The identified trade area is located in Dakota County and includes Farmington and parts of neighboring Castle Rock, Empire and Eureka Townships. It is bounded to the north by 1791� Street and to the south by 280t'^ Street. The eastern border is formed by Conrad Avenue and to the west by Flagstaff Avenue. The trade area has a population base of 27,403 and a weekly supermarket potential of approximately $1.45 million. The median household income is $94,709, and the median age is 36 years. The population base is predominantly Caucasian (89 percent). The average household size is 2.94 persons. The geography is primarily serviced by eight supermarkets. Stores, located in nearby Lakeville and Rosemount, include three UNFI-supplied Cub Foods, two limited assortment Aldis, a Hy-Vee superstore, Super Target and a Walmart Supercenter. No supermarkets are located in Farmington. Average store sales are $525,000 and productivity is at 58.92/s.f. First year, year-end weekly sales projections for a 32,400 or 40,000 square foot conventional supermarket in Farmington are as follows: 32,400 sf .....................................$133,000 40,000 sf ..............................$160,000 `t Sales and Projections are based on COVID volumes. A potential post-COVID sales decline should be considered a possibility. These projections do not include fuel or pharmacy sales. Page 3 EXECUTIVE SUMMARY Location Map Maple Grove ,, Loretto 55 `'' rr,,� Vadna�s � Heights n9 Oak Par. r; He.ght M�; , up.e P.rir Plymouth Roseville �6 Wayzata it� Minneapolis .F St Loins Park p St Paul Minnetonka Wersc .,aUl Woodbury Edina Richfield South St Paui Eden Prairie _ '`�Inver Grove Bloomington Hetghts f ? Cottage Grove Chaska Shakopee Eagan LJ %69 Carver. ,ec Savage Burnsville .: Rosemount ss, ►�ast�nc Apple Valley R;irr:tcr ti n Coates Prior fake. Jordan �,,�, � Vermsllion Lakeville J Helena Fa ton G) E Hampton Page 4 Al ASSUMPTIONS • Stable economic conditions. • No additional competitive square footage being added to or removed from the trade area. • The sales forecasts do not include fuel or pharmacy sales. • Favorable site characteristics including visibility, ingress/egress, access from throughout the trade area, traffic flow and parking. • Pricing competitive with other area supermarket operations influencing the trade area. • A conventional format emphasizing service, variety and presentation. • A full bakery and hot/cold deli. • Experienced store management. • Extended grand opening to familiarize area consumers with the store and establish new shopping patterns. • A comprehensive marketing strategy including both print and electronic media. • A proforma should be run to evaluate financial feasibility before making any final decisions. • The forecast must be reviewed after 12 months in order- to reassess the market and any potential changes. • All sales and projections are based on COVID volume levels. A potential post-COVID sales decline should be considered a possibility. • Once a specific operator is targeted for this project, the forecasts should be reviewed and reassessed based on the qualifications and capabilities of the operator. Page 5 TRADE AREA / COMPETITION MAP Rosemount Nininger Cub Foods Rosemount, 0 Aldi Rosemount Super Target Hy-Vee Cub Foods Cedar Empire Vermillion Cub Food Heritage ermillion Walmart SC �`'`I�E ownsh►p Aldi LakevilleFarmington Hy-Vee Site Site Hampton Eure New Cent ket New Market Page 6 Ir 4 21 +, tol b- low& ;+ 4~ PIP— LAJ Or IV,Vu Oil 4 t g rt • • r� r G'" TRADE AREA DYNAMICS Rosemount Farmington is a small-sized rural Cub Foods Rosemount* Aldi Rosemount g 0 Super Torget community located on the far south side of Hy.vee metropolitan Minneapolis/St. Paul in Dakota Cub foods Cedar Emp+re County. The community lost its only Cub food Heritage er,, supermarket in late 2019, a Nash Finch- watmart Sc supplied Family Fresh. Most leakage today Aldi Lakeville 0 *armrngton Nee site Site is directed west to Lakeville and north to Nan Rosemount. Ancillary noise heads further north to Apple Valley and south to Northfield. The trade area was defined primarily based on the surrounding road network and proximity to nearby competition. Other factors, including physical and mental barriers, neighborhood demographics and the analyst's judgement were also considered in the delineation process. The geographic I extent of the trade area is defined as follows: • North 3.4 miles to 179th Street; • South 6.7 miles to 280th Street; • East 5.5 miles to Conrad Avenue and • West 2.5 miles to Flagstaff Avenue. Page 6 TRADE AREA DYNAMICS The identified trade area has a population base of 27,403 people. This represents an 8.9 percent increase relative to the 2010 Census figure of 25,172. These estimates exclude those persons residing in institutionalized group quarters. The trade area population coupled with a per capita weekly expenditure (PCW) of $52.90, results in a weekly supermarket sales potential of approximately $1.45 million. The median household income is 594,709, and the median age is 36 years. The population base is predominantly Caucasian at 89 percent. Below is a more detailed trade area profile: T.A. Total HiQliest Lowest I PCW 52.90 56.70 50.38 Population 27,403 5,700 155 E Potential 1,449,717 290,073 8,613 Store Volume 1,1541250 1,150,000 200,000 Float Dollars 2951467 58,444 2,282 Float Percent 20.38% 26.81% 19.62% I' Page 9 MARKET PROFILE Trade Area Minnesota Population 2010 Census 251172 5,303,925 Current Estimate 27,403 5,676,276 Ethnic Origin Caucasian 89.2% 82.2% African-American 1.7% 5.4% Asian & Pacific Islander 2.5% 4.3% Hispanic Origin 3.1% 4.9% Other Origin 3.4% 3.2% Population by Sex Male 50.3% 49.7% Female 49.7% 50.3% Age Distribution Median Age 36.03 39.4 Annual Income by Household Less than $19,999 5.2% 11.7% $20,000 to $29,999 4.2% 8.0% $30,000 to $39,999 5.2% 8.2% $40,000 to $49,999 6.6% 8.1% $50,000 to $74,999 16.3% 18.1% $75,000 to $99,999 17.5% 14.1% $100,000 and over 45.0% 31.8% Median Household Income $94,709 $68,630 College Educated 28.9% 31.5% Average Household Size 2.94 2.48 Page 10 v c � t � a N f0 C E n, r C CL G. -E E Q Ec W � 7 W O V Z r M �T � v W V) D Ci x a g o m c N C N N N N N '..... p 0 o 0 o o o w � tg � .� N 8 , 10 0 ■®000000 =�. HOUSEHOLD INCOME Sector % % % 0/0 % a/o % Median Number 0-20 20-30 30-40 40-50 50-75 75-100 >100 HH $ 1 3.15 2.96 2.68 8.23 9.53 19.33 54.12 107,622 2 3.06 3.40 3.74 1.87 14.94 16.81 56.20 107,210 3 4.06 4.12 7.15 5.03 12.81 15.73 51.09 101,835 4 20.38 1.35 15.58 10.96 20.00 9.04 22.69 54,710 5 15.98 8.07 8.07 13.39 15.07 19.79 19.63 56,322 6 4.58 4.93 2.11 7.75 46.13 17.96 16.55 65,839 7 5.26 3.51 5.26 7.02 17.54 21.05 40.35 88,387 8 4.96 6.74 3.55 2.84 16.67 17.02 48.23 95,932 9 5.19 6.60 3.77 3.30 16.51 16.98 47.64 95,932 10 4.23 6.34 4.93 9.15 24.65 19.72 30.99 76,478 11 4.30 6.30 4.58 8.45 24.64 19.48 32.23 76,478 12 4.18 6.49 4.71 8.58 24.69 19.35 32.01 76,478 13 1.05 1.75 2.74 4.08 9.98 18.55 61.84 124,210 14 2.71 4.41 4.41 3.39 18.31 14.58 52.20 102,763 Averages 5.17 4.23 5.21 6.58 16.34 17.51 44.96 $94,709 Page 12 m v a u c O d � c G Ot � Q C O d O s c a Q L LI E � a � o H • W : _r � W V Y d Y 1 1 1 1 Z ~ 1 C N G Z Y 1 Q m e 3 ori A T 9 u1 � 3 r M b « « « « c E � wo®o 0 oo❑ i s 0 ��t MEDIAN AGE Sector 070 070 070 070 070 Number 0-18 19-29 30-50 51-64 65+ Median Average 1 24.87 20.94 23.47 22.86 7.85 36.00 35.79 2 26.84 19.44 25.20 22.76 5.77 33.97 34.60 3 30.32 15.41 27.17 17.24 9.85 36.00 34.92 4 22.42 17.15 25.51 21.22 13.70 38.07 38.72 5 20.60 13.95 24.72 20.13 20.60 41.58 42.08 6 20.80 16.78 23.02 23.86 15.53 40.57 40.46 7 14.84 15.48 15.48 28.39 23.87 51.47 45.74 8 16.05 18.29 18.29 26.71 20.53 47.03 44.00 9 16.14 18.25 18.77 26.49 20.53 47.03 44.00 10 32.62 14.18 30.97 15.60 6.62 33.67 32.72 11 32.52 14.14 31.17 15.54 6.64 33.67 32.72 12 32.60 14.01 31.23 15.56 6.60 33.67 32.72 13 32.16 16.25 28.74 18.98 3.96 32.54 32.52 14 21.24 16.31 22.54 23.59 16.20 42.14 40.52 Averages 27.95 16.52 26.71 19.63 9.19 36.03 35.49 Page 14 MARKET SHARE BY STORE GROUP 6.3% 14.5% I 9.7% ■ Cub Foods (3 locations) 25.3% ■ Hy-Vee 23.8% 3.8'-i,, 20.4% ❑ Super Target 14.5% o WMSC 9.7% 9 25.3% ■ Aldi 2 locations 6.3% o Float 20.4% Page 15 COMPETITION Map Total Current Sales Market Store Narne Key Area Salem /Sq.Ft. Share Draw Irnaae Eight supermarkets, ranging in size from 19,200 to 78,200 Aldi Rosemount 1 19,200 225,000 11.72 3.5 23 114 square feet of applicable grocery space, impact the delineated Cub Foods Rosemount 2 75,600 500,000 6.61 7.9 23 85 trade area. Formats include Super Target 3 60,000 700,000 11.67 14.5 30 119 three UNFI-supplied Cub Foods, Hy-Vee 4 78,200 1,150,000 14.71 23.8 30 127 two limited assortment Aldis, Cub Foods Cedar 5 69,400 350,000 5.04 9.7 40 67 two supercenters (Target and Cub Foods Heritage 6 70,600 375,000 5.31 7.8 30 82 Walmart) and a Hy-Vee Aldi Lakeville 7 22,600 200,000 8.85 2.8 20 102 superstore. Walmart SC 8 75,000 700,000 9.33 9.7 20 104 The trade area has a square Totals 470,600 4,200,000 79.6 footage per capita ratio of 4.8 Averages 58,825 525,000 8.92 100 based upon volume explained inside the geography. This ratio represents a somewhat over- stored market, with 4.0 considered ideal. Other than the opening of a new Hy-Vee, there are no known competitive moves planned that will impact this trade area. Page 16 COMPETITION Aldi (Map Key 1) Cub Foods (Map Key 2) 14995 S Robert Tri, Rosemount 3784 150th St W, Rosemount Departments Departments Total Size: 19,200 sq. ft. Hone Total Size: 75,600 sq. ft. Bakery Avg. Wkly Volume: $225,000 Avg. Wkly Volume: $500,000 Hot/Cold Deli Sales/Sq. Ft.: $11.72 Sales,Sq. Ft.: 56.61 Svc Meat/Seafood Market Share: 3.5c/o Market Share: 7.9cio Bulk Foods Adjacent Retail: Snap Fitness Starbucks Adjacent Retail: Greenleaf vape Floral Small Shops Verizon Wireless Drive-Thru Pharmacy Small Shops Bank Full B/W/L Comments: Newly remodeled store adjacent Comments: Expansive UNFI-supplied to a neighborhood shopping center. Cub with prototypical standards. f Page 17 COMPETITION JL 0 Super Target (Map Key 3) Hy-Vee (Map Key 4) 18275 Kenrick Ave, Lakeville j 16150 Pilot Knob Rd, Lakeville Departments Departments Total Size: 60,000 sq. ft. Bakery Total Size: 78,200 sq. ft. Bakery Avg. Wkly Volume: $700,000 Cold Deli Avg. Wkly Volume: 51,150,000 Hot/Cold Deli Sales,/Sq. Ft.: $11.67 Sushi Sales Sq. Ft.: 514.71 Wahlburger's Cafe Market Share: 14.59io Floral Market Share: 23.89,16 Prepared Foods Adjacent Retail: Miscellaneous Pharmacy Adjacent Retail: PetSmart Organics outparcels Starbucks Small Shops Svc Meat;Seafood Floral Drive-Thru Pharmacy Comments: Modern prototype with expanded grocery area. Comments: Modern prototype with expanded GM, fuel center and Starbucks. ti Page 18 COMPETITIONY Cub Foods (Map Key 5) ----. ___..__ Cub Foods (Map Key 6) 7435 179th St W, Lakeville I 20250 Heritage Dr, Lakeville DepartrTients Total Size: 69,400 sq. ft. Bakery DepartrT�ents Avg. Wkly Volume: $350,000 Hot/Cold Deli Total Size: 70,600 sq. ft. Bakery Sales/Sq. Ft.: $5.04 Bulk Foods Avg. Wkly Volume: $375,000 Hot/Cold Deli Market Share: 9.711/o Svc Meat/Seafood Sales/Sq. Ft.: 55.31 Bulk Foods Adjacent Retail: Chuck & Don's Floral Market Share: 7.8% Svc Meat/Seafood Pep Boys Pharmacy Adjacent Retail: Miscellaneous Floral Snap Fitness outparcels Drive-Thru Pharmacy Small Shops Comments: Newly remodeled UNFI-supplied supermarket. Comments: Older decor with typical Cub Foods offering. wAl Page 19 COMPETITION Y Aldi (Map Key 7) Walrliart Supercenter (Map Key 8) 11542 207th St W, Lakeville 20710 Keokuk Ave, Lakeville Departments Departments Total Size: 22,600 sq. ft. (done Total Size: 75,000 sq. ft. Bakery Avg. Wkly Volume: $200,000 Avg. Wkly Volume: 5,700,000 Hot/Cold Deli Sales/Sq. Ft.: $8.85 Market Share: 2.8c/o Sales,,/Sq. Ft.: $9.33 Floral Adjacent Retail: Freestanding Market Share: 9.7% Pharmacy Adjacent Retail: Freestanding Subway Comments: Prototype that opened in mid-2019. Comments: Older decor with visibility issues. ' Page 20 G SITE EVALUATION SITE 100 - NEC Elm Street & 1't Street Total Size 32,400 and 40,000 sq. ft. Location Type Community-based shopping center r Site Land Use Vacant Family Fresh supermarket tr Adjacent Land Use Commercial and retail businesses Street Conditions Elm St: major 2-lane thoroughfare (35 mph) , _ 1'' St: minor 2-lane dead-end residential ! Traffic Counts ADT Elm St: 13,800 (2016) 1'` St: FNA 1 t Traffic Controls Stop signs at shopping center access points Traffic Congestion Fair Transient Exposure Good; primary east/ -:est thoroughfare Visibility Good Proposed Parking Good (150 dedicated spaces) r Accessibility Good ' w Ingress/Egress Good ' Recommendations Maintain pylon signage along Elm Street i Overall Rating Fair Page 21 .. .. . .. ... SALES FORECAST 32,400sf Conventional Supermarket The first year, year-end weekly sales projection for a new 32,400 square foot conventional supermarket is $133,000 ($4.10/sf). The forecast assumes 90 percent of the store's sales are generated from within the trade area and the remaining 10 percent from beyond the trade area. Trade area market share is 8.2 percent of the weekly supermarket potential. Map Total Current Projected Sales T.A. T.A. Store Name Key Area Sales Sales S .Ft. Draw Image Change Change Aldi Rosemount 1 19,200 225,000 209,791 10.93 23 114 -15,209 -29.39 Cub Foods Rosemount 2 75,600 500,000 466,202 6.17 23 85 -33,798 -29.39 Super Target 3 60,000 7001000 639,204 10.65 30 119 -60,796 -28.95 Hy-Vee 4 78,200 1,150,000 972,864 12.44 30 127 -177,136 -51.34 Cub Foods Cedar 5 69,400 3501000 310,413 4.47 40 67 -39,587 -28.28 Cub Foods Heritage 6 70,600 375,000 341,716 4.84 30 82 -33,284 -29.59 Aldi Lakeville 7 22,600 2001000 188,032 8.32 20 102 -11,968 -29.92 Walmart SC 8 75,000 700,000 658,171 8.78 20 104 -41,829 -29.88 Hy-Vee Site 50 57,000 0 367,678 6.45 80 120 294,142 rd/A Site 100 32,400 0 132,739 4.10 90 90 119,465 N/A Totals 560,000 4,200,000 4,286,810 0 Averages 56,000 420,000 428,681 7.66 101 k I Page 22 r) N rG4J U al _ cZ' � 4 R v u c 4 E a 4 Q c n CL W Q r W ce a W . v 4 Y w � v v N O LL ~ N H 'pit SALES FORECAST 40,000sf Conventional Supermarket The first year, year-end weekly sales projection for a new 40,000 square foot conventional supermarket is $160,000 ($3.99/sf). The forecast assumes 90 percent of the store's sales are generated from within the trade area and the remaining 10 percent from beyond the trade area. Trade area market share is 9.9 percent of the weekly supermarket potential. Map Total Current Projected Sales T.A. T.A. Store Name Key Area Sales Sales S .Ft. Draw Image Change Change Aldi Rosemount 1 19,200 225,000 208,935 10.88 23 114 -16,065 -31.04 Cub Foods Rosemount 2 75,600 500,000 464,277 6.14 23 85 -35,723 -31.06 Super Target 3 60,000 700,000 635,794 10.60 30 119 -64,206 -30.57 Hy-Vee 4 78,200 1,150,000 969,271 12.39 30 127 -180,729 -52.39 Cub Foods Cedar 5 69,400 350,000 308,211 4.44 40 67 -41,789 -29.85 Cub Foods Heritage 6 70,600 375,000 339,918 4.81 30 82 -35,082 -31.18 Aldi Lakeville 7 22,600 200,000 187,377 8.29 20 102 -12,623 -31.56 Walmart SC 8 75,000 700,000 655,883 8.75 20 104 -44,117 -31.51 Hy-Vee Site 50 57,000 0 358,372 6.29 80 120 286,698 N/A Site 100.01 401000 0 159,596 3.99 90 90 143,637 N/A Totals 567,600 4,200,000 4,287,634 0 Averages 56,760 420,000 428,763 7.55 101 I Page 24 MARKET SHARE MAP - -- a1 Ninengr+ tings Farmington, I-IN Oak Grovv Site Market Share lake Store 100.01: Site o o'Cxeate. t< ❑ wto50 g Ravenna ❑ 20 tow Credit River t a Vermdieprl Marlhan 0 15 to 20 minion 0 lOto 15 lakr�=;e • n ' ovvnyh,p ❑ 5 to to 1 5 ❑ 2 to s sit 1mi 5 torl tet%than 2 6 � lI 10 Hampton Cedar lake Eur Id Elko New Cer• Market Market Wekh :1 a Webster Randolph S mik^. Cannon Falls Cannon FaR 2021%twowft Corporaftm %nhW l tom,­ t, I +tx•r n'a Page 25 Appendix CURRENT MARKET Total Current Sales Market Store Name Ma Key Area Steles f Sq.Ft. She Draw Iniage Aldi Rosemount 1 19,200 225,000 11.72 3.5 23 114 Cub Foods Rosemount 2 75,600 500,000 6.61 7.9 23 85 Super Target 3 60,000 700,000 11.67 14.5 30 119 Hy-Vee 4 78,200 1,150,000 14.71 23.8 30 127 Cub Foods Cedar 5 69,400 350,000 5.04 9.7 40 67 Cub Foods Heritage 6 70,600 375,000 5.31 7.8 30 82 Aldi Lakeville 7 22,600 200,000 8.85 2.8 20 102 Walmart SC 8 75,000 700,000 9.33 9.7 20 104 Totals 4701600 4,200,000 79.6 Averages 58,825 5251000 8.92 100 T.A. Total Highest Lowest PCW 52.90 56.70 50.38 Population 27,403 5,700 155 Potential 1,449,717 290,073 8,613 Store Volume 1,154,250 1,150,000 200,000 Float Dollars 295,467 58,444 2,282 Float Percent 20.38% 26.81% 19.62% Household Size 2.941 3.330 2.280 Median Income 94,709 128,679 65,691 Black Population 478 97 0 Asian Population 691 196 0 Hispanic Population 859 190 2 Median Age 36.03 51.47 32.54 Page 26 Appendix SECTOR TOTALS --- Float --- Sector POD• PCW Potential Percent Volume 1 3,438 51.74 177,882 19.65 34,961 2 1,960 50.38 98,745 20.04 19,785 3 4,983 55.16 274,862 19.62 53,923 4 5,700 50.89 290,073 20.15 58,444 5 1,423 54.29 77,255 20.08 15,511 6 1,505 56.70 85,334 19.98 17,049 7 852 54.67 46,579 19.91 9,275 8 2,079 51.76 107,609 19.84 21,345 9 2,834 51.76 146,688 19.78 29,017 10 721 55.21 39,806 23.16 9,220 11 423 51.75 21,890 22.61 4,950 12 570 55.92 31,874 26.06 8,307 13 155 55.57 8,613 26.50 2,282 14 760 55.93 42,507 26.81 11,397 Totals 27,403 1,449,717 295,467 Averages 1,957 52.90 103,551 20.38 Page 27 PROJECTION - WITH HY-VEE SITE Map Total Current Proj Sales T.A. T.A. Store Name Key Area Sales Sales S .Ft. Draw Imaoe Chance Chance % Aldi Rosemount 1 19,200 225,000 214,025 11.15 23 114 -10,975 -21.21 Cub Foods Rosemount 2 75,600 500,000 475,725 6.29 23 85 -24,275 -21.11 Super Target 3 60,000 700,000 656,007 10.93 30 119 -43,993 -20.95 Hy-Vee 4 78,200 1,150,000 990,422 12.67 30 127 -159,578 -46.25 Cub Foods Cedar 5 69,400 350,000 321,209 4.63 40 67 -28,791 -20.57 Cub Foods Heritage 6 70,600 375,000 350,559 4.97 30 82 -24,441 -21.73 Aldi Lakeville 7 22,600 200,000 191,265 8.46 20 102 -8,735 -21.84 Walmart SC 8 75,000 700,000 669,475 8.93 20 104 -30,525 -21.80 Hy-Vee Site 50 57,000 0 414,141 7.27 80 120 331,313 N/A Totals 5271600 4,200,000 4,282,828 Averages 581622 420,000 475,870 8.12 Page 28 PROJECTION - 32,400sf Map Total Current Projected Sales T.A. T.A. Store Name Key Area Sales Sales S .Ft. Draw Image Chance Chance Aldi Rosemount 1 19,200 225,000 209,791 10.93 23 114 -15,209 -29.39 Cub Foods Rosemount 2 75,600 500,000 466,202 6.17 23 85 -33,798 -29.39 Super Target 3 60,000 700,000 639,204 10.65 30 119 -60,796 -28.95 Hy-Vee 4 78,200 1,150,000 972,864 12.44 30 127 -177,136 -51.34 Cub Foods Cedar 5 69,400 350,000 310,413 4.47 40 67 -39,587 -28.28 Cub Foods Heritage 6 70,600 375,000 341,716 4.84 30 82 -33,284 -29.59 Aldi Lakeville 7 22,600 200,000 188,032 8.32 20 102 -11,968 -29.92 Walmart SC 8 75,000 700,000 658,171 8.78 20 104 -41,829 -29.88 Hy-Vee Site 50 57,000 0 367,678 6.45 80 120 294,142 N/A Site 100 32,400 0 132,739 4.10 90 90 1191465 N/A Totals 560,000 4,200,000 4,286,810 0 Averages 56,000 420,000 428,681 7.66 101 E Ed' �., Page 29 PROJECTION Market Share by Sector Store 100: Site Market Share by Sector Proj. Proj. Proj. Proj. Proj. Sector Sales M.S. POD• Poten. PCW Float Dist. 1 7,439 4.18 3,438 177,882 51.74 19.65 3.23 2 5,217 5.28 1,960 98,745 50.38 20.04 2.70 3 19,982 7.27 4,983 274,862 55.16 19.62 1.83 4 20,637 7.11 5,700 290,073 50.89 20.15 1.95 5 8,722 11.29 1,423 77,255 54.29 20.08 0.51 6 10,429 12.22 1,505 85,334 56.70 19.98 0.45 7 3,295 7.07 852 46,579 54.67 19.91 3.86 8 10,746 9.99 2,079 107,609 51.76 19.84 1.41 9 18,030 12.29 2,834 146,688 51.76 19.78 1.40 10 4,471 11.23 721 39,806 55.21 23.16 1.48 11 2,592 11.84 423 21,890 51.75 22.61 2.00 12 2,805 8.80 570 31,874 55.92 26.06 3.35 13 635 7.37 155 8,613 55.57 26.50 5.68 14 4,463 10.50 760 42,507 55.93 26.81 5.00 Totals 119,465 8.24 27,403 1,449,717 20.38 Averages 8,533 1,957 103,551 52.90 9.03 •. *.�! Page 30 PROJECTION - 40,000sf Map Total Current Projected Sales T.A. T.A. Store Natne Key Area Sales Sales S .Ft. Draw Image Change Chancie Aldi Rosemount 1 19,200 225,000 208,935 10.88 23 114 -16,065 -31.04 Cub Foods Rosemount 2 75,600 500,000 464,277 6.14 23 85 -35,723 -31.06 Super Target 3 60,000 700,000 635,794 10.60 30 119 -64,206 -30.57 Hy-Vee 4 78,200 1,150,000 969,271 12.39 30 127 -180,729 -52.39 Cub Foods Cedar 5 69,400 350,000 308,211 4.44 40 67 -41,789 -29.85 Cub Foods Heritage 6 70,600 375,000 339,918 4.81 30 82 -35,082 -31.18 Aldi Lakeville 7 22,600 200,000 187,377 8.29 20 102 -12,623 -31.56 Walmart SC 8 75,000 700,000 655,883 8.75 20 104 -44,117 -31.51 Hy-Vee Site 50 57,000 0 358,372 6.29 80 120 286,698 N/A Site 100.01 40,000 O 159,596 3.99 90 90 1431637 N/A Totals 567,600 4,200,000 4,287,634 Averages 56,760 420,000 428,763 7.55 1; 1 Page 31 PROJECTION Market Share by Sector Store 100: Site Market Share by Sector Proj. Proj. Proj. Proj. Proj. Sector Sales M.S. POD. Poten. PCW Float Dist. 1 9,073 5.10 3,438 177,882 51.74 19.65 3.23 2 6,343 6.42 1,960 98,745 50.38 20.04 2.70 3 24,157 8.79 4,983 274,862 55.16 19.62 1.83 4 24,957 8.60 5,700 290,073 50.89 20.15 1.95 5 10,423 13.49 1,423 77,255 54.29 20.08 0.51 6 12,430 14.57 1,505 85,334 56.70 19.98 0.45 7 3,986 8.56 852 46,579 54.67 19.91 3.86 8 12,890 11.98 2,079 107,609 51.76 19.84 1.41 9 21,488 14.65 2,834 146,688 51.76 19.78 1.40 10 5,336 13.41 721 39,806 55.21 23.16 1.48 11 3,089 14.11 423 21,890 51.75 22.61 2.00 12 3,368 10.57 570 31,874 55.92 26.06 3.35 13 766 8.89 155 8,613 55.57 26.50 5.68 14 5,331 12.54 760 42,507 55.93 26.81 5.00 Totals 143,637 9.91 27,403 1,449,717 20.38 Averages 10,260 1,957 103,551 52.90 10.83 Page 32 Appendix GLOSSARY OF TERMS Trade Area The geographical area that contains the primary shoppers of a particular supermarket site based on accessibility, mental and physical barriers, and logical shopping alternatives. Sector Smaller areas within the trade area representing subsets of the population. PCW/PCE Per Capita Weekly Expenditure. The average dollar- amount each person within the trade area or a sector spends on supermarket items in a week. Potential The total available supermarket dollars within the trade area or a sector. This figure is calculated by multiplying PCW/PCE by the population. Draw The percent of a store's weekly sales drawn from within the trade area. A store with a draw of 90 is getting 10 percent of its business from beyond the trade area. Image A measure of a supermarket's performance and/or acceptance among shoppers relative to other supermarkets in the market. The average of all stores in a trade area is 100. Float The percent of supermarket potential not captured by the identified stores in a market study. This business is captured by more distant supermarkets (unidentified), convenience stores, dollar stores, drugstores, warehouse clubs and gas stations that each take a portion of supermarket potential but are not considered to be direct competitors. Barriers Physical or mental obstacles that make it difficult to travel from one area of the trade area to another. Market Share/ The percentage of the supermarket potential captured by an individual store or chain of stores Penetration within a given area. ADT Average Daily Traffic. The number of vehicles that pass a given point on a road per day. 0_0,�.. Page 33 Appendix METHODOLOGY Associated Wholesale Grocers, Inc. (AWG) applies the latest industry standards of supermarket research, using a computerized gravity modeling process to determine sales projections for proposed supermarket locations, expansions and format conversions. The Company is a licensed user of the SITESPLUS Gravity Model, which incorporates Bing Maps and the FIT Program to generate these forecasts. In addition, AWG uses statistical data from STI: PopStats and the Maptitude GIS Mapping System. Trade area population and supermarket metrics are collected and analyzed via information gathered in the marketplace. The FIT PROGRAM measures the "acceptance" (FIT) of a dozen- plus grocery formats relative to the demographics of a specific grocery market/trade area. The program is based on five major demographic variables (income, household size, age, education and race/ethnicity) and the breakdown into subcategories of the target area's population base. It provides a matrix of FIT "weights/factors" (100 being "average") by store format type and sector. The examination of the trade area and subsequent sales projection(s) are made solely from a real estate perspective. This perspective is based on the examination of the marketplace demographics and careful analysis of the competitive alignment. Page 34 Appendix SOURCE DATA ._.. . P PU)1 stats 0 � 4SYNERGOS TECHNOLOGIES, INC. The FIT Program STI: PopStats SITESPLUS Gravity Model ■ Maptetude ographic Information System Maptitude GIS Mapping Software Page 35 DISCLAIMER a. In the use of this survey, user acknowledges that while user believes this survey will be a valuable tool in management decision-making, user also understands that an important part of said survey involves subjective judgment that is dependent upon the correctness of the information made available to Associated Wholesale Grocers, Inc. (AWG) in which the truth and accuracy of which has not been verified by AWG. Additionally, said survey is dependent upon many variables and is based on certain assumptions in the marketplace or achievements by user, and said assumptions could be set forth in this survey. The projection in the survey is based on the conditions identified in the survey. Any change within the trade area, such as the opening or closing of a competitive store, or changes in economic conditions could cause significant variation between these projection and actual sales. The possibility of this occurring increases with time; therefore, user further acknowledges an understanding that AWG, its subsidiaries, employees or agents make no express or implied warranties of any kind, including those of merchantability, durability and fitness for a particular purpose or use with respect to the survey, and expressly disclaims the same and does not guarantee, represent or warrant whatsoever, any result, including, without limitation, the projected sales volume, from the use of the survey nor shall AWG be liable for any damages or losses incurred as a result of the use of said survey, or by any incident whatsoever in connection with the l survey, including without limitation, loss of profits, goodwill or special or consequential damages. a Associated Wholesale Grocers, Inc. 2/28/2021 GL131(a) JHoward:tkm