HomeMy WebLinkAbout02.11.03 Planning Packet
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City of Farmington
325 Oak Street
Farmington. MN 55024
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A Proud Past - A Promising Future
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AGENDA
PLANNING COMMISSION MEETING
REGULAR
February 11,2003
7:00 P.M.
CITY COUNCIL CHAMBERS
1.
CALL TO ORDER
2.
APPRO" AL OF MINUTES
a)
January 14,2002
3.
PUBLIC BEARINGS
Variance Request - Minimum Lot Size Requirement
Applicant: Mark Kindseth and Robert & Donna Kindseth
Conditional Use Pencit for a Billboard (West of Pilot Knob Road)
Applicant: Fredrickson Outdoor Advertising
c)
Conditional Use Permit for a Billboard (East of Pilot Knob Road)
Applicant: Fredrickson Outdoor Advertising
d)
Conditional Use Pencit - Operate a Bed and Breakfast in an R-l (Single Family Residential) Zoning
District
Applicant: Bruce Conner
e)
Emmaus Grove Preliminary & Final Plat and Wetland Alteration Pencit
Applicant: Farmington Lutheran Church
Ordinance Repealing Title 4 Chapter 3, Amending Section 10-6-3: Signs, Billboaldsand Amending
Section 10-2-1: Definitions .
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ADJOURN
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TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
City Planning Commission
i'f0
Lee Smick, AICP
City Planner
Variance Request - Minimum Lot Size Re~uirement
Applicants: Mark Kindseth - 6050 21 t Street West
Robert & Donna Kindseth - 6088 21th Street West
February 11,2003
The applicants, Mark Kindseth and Robert & Donna Kindseth, are seeking variance approval from the
minimum lot size requirement in the Agriculture Zoning District (A-I) to create a 1.42-acre parcel and a
1.69 acre parcel respectively. Mark Kindseth, 6050 21th Street West, is proposing to split his property
from its original 2.75 acres retaining 1.42 acres in order for his parents, Robert & Donna Kindseth, 6088
21th Street West, to obtain 1.33 acres of Mark's property, thereby increasing Robert & Donna Kindseth's
property to 1.69 acres from its original 0.34 acres. Attached is a letter dated February 5, 2003 from the
Kindseth's attorney explaining their intentions. Mark Kindseth's newly created parcel would be 38.58
acres less than required for a property in the A-I District. Robert & Donna Kindseth's property would be
38.31 acres less than required for a property in the A-I District (Section 10-5-5 of the Farmington City
Code).
PLANNING DIVISION REVIEW
Applicants:
Attachments:
Property Location:
Proposed Lot Size:
Mark Kindseth
6050 2l2th Street West
Farmington, MN 55024
Robert & Donna Kindseth
6088 212th Street West
Farmington, MN 55024
1. Location Map
2. Proposed Lot Configuration
6050 212th Street West
6088 2I2th Street West
1.42 acres - Mark Kindseth property
1.69 acres - Robert & Donna Kindseth property
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Existing Zoning:
A-I (Agriculture District)
2020 Comprehensive Plan:
Urban Reserve
Existing Land Use:
Single-Family Residence
Surrounding Land Uses:
Single-Family Residence to east, Agriculture to west, north and
south
DISCUSSION
Waiver of Plat
According to Section 11-1-5 of the City Code, "a subdivider of a single parcel of land into no more than
two (2) parcels may request a waiver of the formal plat review process." A waiver of plat is
administratively granted and does not require formal approval by the Planning Commission or City
Council. In this case, staff is unable to approve the waiver of plat at this time since the proposed lot would
not comply with the minimum lot size requirement provided in the Zoning Code. If a variance from this
requirement is granted by the Planning Commission, staff may proceed with the review of the waiver of
plat application.
Nonconforming Parcel
The minimum lot size requirement for properties within the A-I District was amended in May of 2002.
The previous minimum requirement was one (1) acre and was changed to 40 acres. Mark Kindseth's
property is currently 2.75 acres. He proposes to split his lot retaining 1.42 acres for his property. Robert
& Donna Kindseth propose to combine the remainder of Mark's lot, 1.33 acres, with their existing 0.34
acres, creating a 1.69-acre parcel. Both of the existing Kindseth properties are considered legal
nonconforming parcels since they existed in their current state prior to the Code amendment. With the
split occurring, Robert & Donna Kindseth's property will be brought closer into compliance than it
currently exists.
The Board of Adjustment may vary the regulations of this Title if anv of the following requirements are
met:
1. Because the particular physical surroundings, or the shape, configuration, topography, or
other conditions of the specific parcel of land involved, strict adherence to the regulations of
this Title would cause undue hardship. Economic consideration alone shall not constitute an
undue hardship if reasonable use for the property exists under the terms of this Title.
The City Code was amended in May of 2002 to increase the minimum lot area required for
properties in the A-J Districtfrom one (1) acre to 40 acres. This amendment changed both of
the Kindseth properties to nonconforming parcels, thus eliminating their ability to subdivide
or otherwise alter their property in a way that would increase the nonconforming status. If
the Code amendment had not occurred, the Kindseths could proceed with the waiver of plat
and be in complete compliance with the Zoning Code. The amendment, therefore, may have
caused undue hardship to the Kindseths. Additionally, Robert & Donna Kindseth's request
will bring the parcel closer to compliance than it currently exists.
2. The conditions upon which a variance is based are unique to the parcel of land for which the
variance is sought and are not applicable, generally, to other properties within the same
zoning classification.
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When the City Code was amended to increase the minimum lot size in the A-I District.
several properties became nonconforming. The majority of properties in the A-I District,
however, do comply with the minimum lot size requirement thus creating a similar situation
to the Kindseths for only a minority of property owners in the A-I District.
3. The alleged difficulty or hardship is caused by this Title and has not been created by any
persons presently having an interest in the parcel of land.
The hardship present in this situation was not created by the Kindseths or any other person
having an interest in the property.
4. The granting of the variance will not alter the essential character of the locality or be
injurious to other property in the vicinity in which the parcel of land is located or
substantially diminish property values.
Granting the variance to would not alter the character of the area or have a negative impact
on other property in the vicinity.
5. The proposed variance will not substantially increase the congestion of the public streets, or
increase the danger of fire, or be detrimental to the public welfare or public safety.
The proposed variance would not result in any of the above mentioned adverse effects.
ACTION REQUESTED
Approve the variance from the minimum lot size requirement in the A-I District (Section 10-5-5 of the
Farmington Code) to allow a waiver of plat to proceed to create a 1.42-acre parcel for Mark Kindseth's
property and a 1.69-acre parcel for Robert & Donna Kindseth's property.
Respectfully submitted,
Lee Smick, AICP
City Planner
cc: Mark Kindseth
Robert & Donna Kindseth
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01/17/03 FRI 13:33 FAX 651 463 1611
CITY OF FARMINGTON
IaJ 003
CITY OF FARMINGTON
V ARlANCE APPLICATION
Farmington. MN 55024
651-463-7]] J FAX 651-463-1611
AppU...tNam. A'~ ,t'Z~ ;. *N~ ~~ ~ ~~
Applicant Address ~~ ? 2, H' . AI . w AI (;J~
Street City Stat Zip Code
Phone Number ~""/f~3.. A'/;1~ .,t. ~.51- %~- 7.53.J .
Legal Description of SUbjec;zperty: ,. block, plat name, section~ towDSbip, range)
t;iZlL ~H-ACJ . A~ ~K.I(V'Yd~ ~L~c.,r(~:J'//J;V-f
Current Land Use ~1'2'7/~hJ-L CurreniZoningDistrict _...0
s~~~~i;r~~~;l?;~~~,
Following Attached: (please chec.:k)
_ Proof of Ownership A- BoundarylLot Survey
.If.... Application fee (5200) _ Copies of Site Plan
_ AbstractIResident List (adjoining property owners only)
"- Tor ens r's Dublicate Certificate of TitJe Required)
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Property Owner's Signature
Date
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PARCEL A
PROPOSED PROPERTY DESCRIPTION
That part of the Southeast Quarter of the Northwest Quarter
of Section 35, Township 114, Range 20, Dakota County,
Minnesota, described as follows:
Commencing at the northeast corner of said Southeast
Quarter; thence on an assumed bearing of South 00
degrees 26 minutes 48 seconds West, along the east line
of said Southeast Quarter, a distance of 419.20 feet;
thence South 89 degrees 38 minutes 39 seconds West,
parallel with the north line of said Southeast Quarter,
a distance of 338.98 feet to the point of beginning of
the land to be described; thence North 89 degrees 38
minutes 39 seconds East, parallel with the north line of
said Southeast Quarter, a distance of 149.79 feet;
thence North 00 degrees 26 minutes 48 seconds East,
parallel with the east line of said Southeast Quarter, a
distance of 135.10 feet; thence South 89 degrees 38
minutes 39 seconds West, parallel with the north line of
said Southeast Quarter, a distance of 10.57 feet; thence
North 00 degrees 26 minutes 48 seconds East, parallel
with the east line of said Southeast Quarter, a distance
of 52.33 feet; thence North 89 degrees 38 minutes 39
seconds East, parallel with the north line of said
Southeast Quarter, a distance of 10.57 feet; thence
North 00 degrees 26 minutes 48 seconds East, parallel
with the east line of said Southeast Quarter, a distance
of 231.77 feet to the north line of said Southeast
Quarter; thence South 89 degrees 38 minutes 39 seconds
West, along said north line, a distance of 148.66 feet
to the intersection with a line bearing North 00 degrees
36 minutes 05 seconds East from the point of beginning;
thence South 00 degrees 36 minutes 05 seconds West, a
distance of 419.22 feet to the point of beginning.
Containing 1.42 acres, more or less.
~IC Pnjll!pt M. OaalMV'f1'\jI 9n59434115 To: .\22 l:!.llXK
~atl!: ZlS/2003 nlU!: 1:12:S8l1M
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Fax:
Work Telephone:
Home Telephone:
Ms. Lee Smick
Community Development Department
City of Farmington :
325 Oak Street
. Farmington,MN 55024
Re: Kindseth Variance Application
Dear Lee:
Nlark K.indseth owns a little less than 2 1/2 acres. MarkKindseth wants to split
this acreage into two lots and then transfer thewestspIitofflot to Donna Kind s eth.
his mother.
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FOR VALUABLE CONSIDERATIONJthat MARK KINDSETHandKARA KINDSETHJ
husband and wife, County of Dakota. and S_ of Minnesotao bereby convey to DONNAL.
KINDSETH, the Real Estate, situated in the CoWlty of Dakota, State of Minnesota, described as
follo~ to-wit: . . ... ..
That part ofthe Southeast Quaner of the Northwest Quarter of Section 35. Tovmship 114,
Range 20, Dakota County, Minnesota, described as follows:
Commencing at ~e northeast comer of said Southeast Quarter; thence on an assumed
bearing of South 00 degrees 26 minutes 48 seconds West,alongtheeastJine of said
Southeast Quarter. a distance of 419.20 feet; thence South 89 degrees 38 minutes 39
s~nds West, parallel with the north line of said SoutheaSt Qua.rter, a distance af338.98
feet to the point ofbegimring of the land to be described: thence continue South 89
degreesJ8minutes 39 seconds West, a distance of 139.80 feet; thence North 00 degrees
. 27miJiutes.37 secondS East parallel with. the west line of said Southeast Quarter of the
NorthwestQtuu1~, a distance of269.19 feet to the south line of the northlSO feet ofsm.d
Southeast Quarter of the Northwest Quarter; thence North ~9degxees 38rninutes39
seconds East, alonggaid south line; a distanceof2.16 feetto the southwest comer of the
..east JOO feet of the west 942feetof.the north 150 tbetafsaidSoutheasrQuarterofthe
. Northwest Quarter; thence North 00 degrees 27 minutes 31 seconds East, a distance of
...lSO;Ol.feettoithenorthwestcornerofthe~lOO\feetofthewest..942Jeetof said . .
SoutheamQuarter ofNorthwestQuaner;thenceNtJrth 89 degrees 38 minutes 39 seconds
East, along the north line of said So utheast Quarter of the NortbwestQuartex'. a distance
of 138.66 feet to the intersection with a line bearing North 00 degrces36.minuteS05
. seconds East from the point of beginning: then" South 00 degrees 36 mmutesOS
.seeondsWest,.a distance of419 ;22 feet to the POint "fbegiDning, .. ...
OUftCLAIMDEED
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Subject to.aroadwayeasement()~an~.~S~tI1e"JUXthe:dY21fi:et,'moo:~Jess,f~..',....,.,.." .
that,parttaken,by CountfRDad~~'SO~as.pl8UI:daiJddesigDated.onDAKOtA.. .
COtJNTYRIGHTOl"':WAY.P.LAtN~68'll:iidsubjflCtlD'a1lOtl1er.~~ADd.
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~.:rwi~_~tban'heredi$5' 'loo>lmoomBs~appFen.~~"il~~00IlIl2'doo'Cta3tionfor this
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Dated: January~ .2003 .f.S,
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The foregoing was acknowledged before mews January ~ 2003, by MARK KlNDSETIl and
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
City Planning Commission \l:~U
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Conditional Use Permit for a Billboard (West of Pilot Knob Road)
Applicant: Fredrickson Outdoor Advertising
DATE:
February 11, 2003
INTRODUCTION
Fredrickson Outdoor Advertising is requesting approval of a conditional use permit
to locate a billboard along the west side of Pilot Knob Road and north of Highway
50. Billboards are allowed as a conditional use in all industrial zoning districts.
. Planning Division Review
Applicant:
Fredrickson Outdoor Advertising
6905 290th Street
Northfield, MN 55057
Attachments:
1.
2.
Location Map
Sign Dimensions
Existing Zoning:
1-1 (Industrial)
Comprehensive Plan:
Industrial
Current land Use:
Agriculture
DISCUSSION
According to the City Code, billboards must comply with the following provisions:
.
1. Billboards and other off-premises advertising signs shall be permitted
only in I Districts and only where adjacent street speed limit is fifty
(50) miles per hour or higher.
.
The proposed location along Pilot Knob Road is zoned 1-1 (Industrial)
and the speed limit is 55 miles per hour.
2. A conditional use permit is required for all billboard and other off-
premises advertising signs.
3. The maximum sign size shall be three hundred (300) square feet in sign
area. Billboards may incorporate cutouts protruding beyond the
framed perimeter of the sign face, providing the total sign area does
not exceed three hundred fifty (350) square feet.
The proposed billboard would be 300 square feet in area. No
protruding elements are proposed at this time, but could be
incorporated as long as the total square footage of the sign remains
less than 350 square feet.
4. The maximum height to the uppermost portion of any advertising
device shall be thirty feet (30'). The building setback limitation for
the zoning district in which the sign is located shall apply to setbacks
for advertising signs.
.
The proposed sign would be 30 feet in height and would be setback
from the property line 50 feet as required in the 1-1 Zoning District.
5. The minimum radius distance between advertising signs shall be one
thousand five hundred feet (1,500').
No other billboards currently exist in the area. The other sign
proposed in conjunction with this application would be not be located
within 1,500 feet.
6. No billboard or other off-premises advertising sign structure shall be
constructed within five hundred feet (500') of any park or residential
zoning district.
The proposed sign would not be located within 500 feet of any park
or residential zoning district.
7. No billboard or other off-premises advertising sign shall be located
closer to any intersection than five hundred feet (500').
The proposed sign would not be located within 500 feet of any
intersection.
.
2
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.
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8. Billboards and other off-premises advertising signs shall be a single
support, metal structure, free of supports or guy wires. The metal
shall be treated in such a manner as to prevent deterioration.
As shown on the attached sign dimension diagram, the proposed sign
would be constructed with a single support and would not include the
use of guy wires or additional supports.
9. Billboards may be illuminated provided that there are no flashing,
intermittent or moving lights; and that beams or rays of Light are not
directed toward any portion of public streets.
This proposal does not address illumination but could be incorporated
in compliance with this provision.
10. Billboards and other off-premises advertising signs are permitted in
undeveloped land areas. When a plat is approved and improvements
are in place, the billboard must be removed from the site. (Ord. 090-
228, 2-5-90)
The proposed location is currently undeveloped as required in this
provision. This site, however, is zoned Industrial and is therefore a
potential site for industrial development. The applicant and property
owners are aware of this provision and understand that the sign must
be removed when the property is developed. Approval of a
conditional use permit should require that the sign be removed prior
to platting the property.
ACTION REQUESTED
Consider the Conditional Use Permit contingent upon the following:
1. The billboard shall be removed prior to platting the property.
2. A sign permit shall be issued prior to constructing the sign.
Respectfully Submitted,
Jim Atkinson
Assistant City Planner
cc:
Fredrickson Outdoor Advertising
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651)463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
\wv
City Planning Commission
FROM:
Jim Atkinson
Assistant City Planner
SUBJECT:
Conditional Use Permit for a Billboard (East of Pilot Knob Road)
Applicant: Fredrickson Outdoor Advertising
DATE:
February 11, 2003
INTRODUCTION
Fredrickson Outdoor Advertising is requesting approval of a conditional use permit
to locate a billboard along the east side of Pilot Knob Road and north of Highway
50. Billboards are allowed as a conditional use in all industrial zoning districts.
. Planning Division Review
Applicant:
Fredrickson Outdoor Advertising
6905 290th Street
Northfield, MN 55057
Attachments:
1.
2.
Location Map
Sign Dimensions
Existing Zoning:
IP (Industrial Park)
Comprehensive Plan:
Industrial
Current land Use:
Agricul ture
DISCUSSION
According to the City Code, billboards must comply with the following provisions:
.
1. Billboards and other off-premises advertising signs shall be permitted
only in I Districts and only where adjacent street speed limit is fifty
(50) miles per hour or higher.
.
The proposed location along Pilot Knob Road is zoned IP (Industrial
Park) and the speed limit is 55 miles per hour.
2. A conditional use permit is required for all billboard and other off-
premises advertising signs.
3. The maximum sign size shall be three hundred (300) square feet in sign
area. Billboards may incorporate cutouts protruding beyond the
framed perimeter of the sign face, providing the total sign area does
not exceed three hundred fifty (350) square feet.
The proposed billboard would be 300 square feet in area. No
protruding elements are proposed at this time, but could be
incorporated as long as the total square footage of the sign remains
less than 350 square feet.
4. The maximum height to the uppermost portion of any advertising
device shall be thirty feet (30'). The building setback limitation for
the zoning district in which the sign is located shall apply to setbacks
for advertising signs.
.
The proposed sign would be 30 feet in height and would be setback
from the property line 50 feet as required in the IP Zoning District.
5. The minimum radius distance between advertising signs shall be one
thousand five hundred feet (1,500').
No other billboards currently exist in the area. The other sign
proposed in conjunction with this application would be not be located
within 1,500 feet.
6. No billboard or other off-premises advertising sign structure shall be
constructed within five hundred feet (500') of any park or residential
zoning district.
The proposed sign would not be located within 500 feet of any park
or residential zoning district.
7. No billboard or other off-premises advertising sign shall be located
closer to any intersection than five hundred feet (500').
The proposed sign would not be located within 500 feet of any
intersection.
.
2
.
.
.
8. Billboards and other off-premises advertising signs shall be a single
support, metal structure, free of supports or guy wires. The metal
shall be treated in such a manner as to prevent deterioration.
As shown on the attached sign dimension diagram, the proposed sign
would be constructed with a single support and would not include the
use of guy wires or additional supports.
9. Billboards may be illuminated provided that there are no flashing,
intermittent or moving lights; and that beams or rays of light are not
directed toward any portion of public streets.
This proposal does not address illumination but could be incorporated
in compliance with this provision.
10. Billboards and other off-premises advertising signs are permitted in
undeveloped land areas. When a plat is approved and improvements
are in place, the billboard must be removed from the site. (Ord. 090-
228, 2-5-90)
The proposed location is currently undeveloped as required in this
provision. This site, however, may be developed as an addition to the
Farmington Industrial Park in the future. Given the geographical
proximity to the existing industrial park, several companies and
individuals have expressed interest in securing land in the expansion
area. The City, based on the amount of interest, believes that the
industrial park expansion could occur in the very near future. A
preliminary design of the possible business park expansion is included
with this memo.
The applicant and property owners are aware of this provision and
understand that the sign must be removed when the property is
developed. Approval of a conditional use permit should require that
the sign be removed prior to platting the property.
ACTION REQUESTED
Consider the Conditional Use Permit contingent upon the following:
1. The billboard shall be removed prior to platting the property.
2. A sign permit shall be issued prior to constructing the sign.
3
.
.
.
Respectfully Submitted,
/
-/1
( ... _ v' ... ..1--.-
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Jlm Atkinson
Assistant City Planner
cc: Fredrickson Outdoor Advertising
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651)463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
\WV
TO: City Planning Commission \' \
FROM: Jim Atkinson
Assistant City Planner
SUBJECT: Conditional Use Permit - Operate a Bed and Breakfast in an R-1 (Single
Family Residential) Zoning District
Applicant: Bruce Conner
DATE: February 11, 2003
INTRODUCTION
Mr. Bruce Conner has requested approval of a Conditional Use Permit to operate a
bed and breakfast at the Akin House located at 19185 Akin Road. The property is
zoned R-1, Single Family Residential.
PtanninR Division Review
Applicant:
Bruce Conner
19901 Langford Lane
Farmington, MN 55024
Attachments:
Letter from Applicant
Adjacent Property Map
Site Plan
Utility Services Map
First Floor Plan
Second Floor Plan (Existing)
Second Floor Plan (Proposed Renovations)
Letter to Mr. Conner
1.
2.
3.
4.
5.
6.
7.
8.
Location of Property:
The property is located on Akin Road north of
193rd Street
Surrounding Land Uses:
Single-family residential surrounds the property.
Existing Zoning:
R-1 (Single Family Residential District)
Comprehensive Plan:
Low Density Residential
.
e
.
Current land Use:
Single Family Home
Proposed land Use:
Bed and Breakfast
DISCUSSION
According to the Zoning Ordinance, the following conditions must be met regarding
the operation of a bed and breakfast:
1. The structure is listed on the National Historic Register, designated on
the City's list as a Farmington Heritage Landmark or identified as a
historically significant property by the Heritage Preservation Commission.
The property is listed in the National Register of Historic Places.
2. The bed and breakfast shall be occupied by the owner or an agent of the
owner.
The facility will be occupied by the owner's extended family.
3. At least two off-street parking spaces shall be provided onsite for the
owner or manager and one additional parking space per rental unit.
Parking spaces shall be hard surfaced with concrete or asphalt and shall
be well-drained. The parking shall not be located between the front face
of the principal structure and the street.
The facility would have three (3) rental units resulting in a parking
requirement of five (5) spaces. The site has a large parking area that
could accommodate far more vehicles than required.
4. The dining facilities shall not be open to the public and shall be used
exclusively by the registered guests unless allowed as a separate
permitted or special use.
The dining facilities would be used strictly by registered guests.
5. An identification sign not exceeding four square feet may be located on
the site. The sign must match the architectural features of the
structure. The sign may be located on the house or five feet from the
property line. The sign may not be illuminated.
A sign permit must be issued prior to placing a sign on the property. Sign
permits are issued by the Community Development Department.
2
.
6. A maximum of five bed and breakfast units may be established in a
structure and at least one bedroom must be reserved by the property
owner(s).
The facility will consist of three (3) rentaL units and one (1)
owner/manager occupied unit.
7. The owner of the bed and breakfast shall maintain a guest register
showing the name, address, motor vehicle license number, and inclusive
dates of visits of all guests. No guest shall be permitted to rent
accommodations or remain in occupancy for a period in excess of
fourteen (14) calendar days during any consecutive ninety-day (90) day
period.
8. The structure and performance of the operation of the bed and breakfast
and residence shall comply with aU local, county, and state regulations.
9. The facility shall obtain all applicable local, county, and state licenses as
required for food service, lodging, and other services provided at, or in
conjunction with, the facility.
.
10. The property shall comply with all bulk and density standards required in
the applicable zoning district.
The property currently complies with this requirement.
11. The property shall comply with applicable screening and landscaping
standards required by the Zoning Ordinance.
The property currently complies with this requirement.
12.All rental units shall be established within the principal structure. This
requirement may be waived if the Planning Commission determines that
an existing accessory structure is suitable for use as a bed and breakfast
unit. The waiver shall be included with the conditional use permit.
ALL three (3) units would be Located in the principaL structure.
13. The Planning Commission may modify standards or require additional
standards that are site specific in order to assure the compatibility of the
bed and breakfast activities with the neighborhood in which it is located.
.
14. The Planning Commission reserves the right to review the conditional use
permit annually and either continue or modify the conditions of the
permit.
3
.
.
.
15. The Planning Commission reserves the right to terminate the conditional
use permit any time the owner falls to adhere to the standards or
conditions establ1shed by this Section or contained in the conditional use
permit.
16. All Bed and Breakfasts shall obtain a Bed and Breakfast License from the
City of Farmington prior to commencing operation. Licenses shall be
renewed annually to ensure that all provisions of initial approval are
satisfied.
The City's Building Official and Fire Marshal inspected the house on January 8, 2003
and compiled a l1st of improvements that would be required prior to opening the
bed and breakfast. The letter to Mr. Conner is included with this memo.
ACTION REQUESTED
Approve the Conditional Use Permit contingent upon the following:
1. The appl1cant shall comply with all requirements provided in the Zoning Code
(and l1sted in this memo) for bed and breakfast facilities. This includes securing
approval from outside agencies regarding food, lodging, and other necessary
agencies.
2. The applicant shall apply for a bed and breakfast license.
3. A sign permit shall be required for any signage on the site.
4. The appl1cant shall complete all improvements as required by the Building
Official and Fire Marshal.
Respectfully Submitted,
4~~
Jim Atkinson
Assistant City Planner
cc: Bruce Conner
4
.
.
.
Kevin Carroll
Farmington City Planner
Dear Mr. Carroll and Staff,
Thank you for all the time and work that you've already devoted to the Akin House
Bed and Breakfast Project. I believe that this new venture will not only prove successful
for us but that it will be an asset to our city.
Enclosed are $e drawings that have been requested with the Conditional Use Permit
Application. I realize the drawings are not of professional quality but I trust they meet the
needed requirements.
Mr. Atkinson has supplied me with a list of items that must be completed in order for
the permit to be issued. These items, along with two new proposals, are scheduled to be
completed by March 1,2003, which is the day we expect to open for business.
The two new proposals were given tentative approval by Mr. Lewis when he , Mr.
Atkinson and Fire Marshall Powers inspected the Akin House several weeks ago. The
first change involves the removal of a bedroom closet and a door installed in that
bedroom to give direct access to the existing bathroom on the second floor. The other
change is the conversion of the master bedroom closet into a bathroom. In conjunction
with this change, a second escape route from the master bedroom will also be provided by
removing a 32" wall dividing the master bedroom closetlbathroom and the closet in the
extra room that we call the sitting room. This will allow the second escape route without
having to alter a window in the master bedroom. If this is acceptable, that would leave
only one bedroom where a window will need to be enlarged.
I expect this work will be completed in a short period of time and I plan to apply for
the appropriate permits within the next 7-10 days.
Once again, thank you for your cooperation and expert advice with this new business.
Sincerely,
Bruce T. Conner
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.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
January 10, 2003
Bruce Conner
19901 Langford Lane
Farmington, MN 55024
RE: Building, Fire, and Zoning issues at 19185 Akin Road
Bruce,
This is a follow-up letter to our meeting that took place on January 8,
2003 at your property located at 19185 Akin Road. The following list includes
the issues that were discussed during our meeting as well as those issues that
couldn't be answered that day.
Conditional Use Permit
The next Planning Commission meeting will be held on February 11,
2003. The submittal deadline for this meeting is January 21, 2003. If you have
any questions regarding the submittal requirements, please do not hesitate to
call Jim Atkinson at 463-1821.
Bedrooms
1. Windows in sleeping areas upstairs do not meet egress requirements.
Possible solutions include replacing the existing double hung windows with a
casement type window that could swing open to provide the required
opening (5.7 square feet). One window per bedroom must meet egress
requirements.
2. Install hard-wired (with battery backup) smoke detectors in all bedrooms.
Garage
3. Finish garage with 5/8 type X sheetrock on common walls and ceiling areas.
4. Block current heat duct in garage ceiling.
5. Provide a self-closing labeled door with a minimum 20-minute fire rating
between house and attached garage.
Owners Residence
6. A gripable handrail is required on the stairs leading from the new addition
to the main level.
.
.
.
Exterior
7. A sidewalk 1S required in the front of the house leading from the front door.
General Issues
8. Fire dampers are required in the ductwork going through firewalls of garage
and house.
9. Interconnected smoke detectors are required on each level of the home.
10. Replace door locks so they are operable from the inside without the use of
a key or special knowledge.
11. Provide at least one (1) fire extinguisher in the residence. The minimum
rating for the extinguisher should be ZAROBC.
Septic System
12. One (1) additional trench 67 feet in length is needed to comply with
regulations for five (5) bedroom homes.
13. If a garbage disposal is present, a septic tank of 2,250 gallons is required.
The existing tank has a capacity of 1,500 gallons. An additional septic tank
would be required (750 gallons).
Oarrel Gilmer, City of Farmington Building Inspector, is available to
answer any questions regarding the septic system (463.1832).
If you have any questions regarding any these issues, please do not
hesitate to call. We look forward to working with you.
Sincerely,
C7~ tt6-
t!~
Jim Atkinson
Assistant City Planner
Ken Lewis
Building Official
John Powers
Fire Marshal
Attachments:
Conditional Use Permit Submittal Requirements
Bed and Breakfast Standards
cc: Kevin Carroll
Kevan Soderberg
.
.
.
TO:
FROM:
SUBJECT:
DATE:
Gty of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.d.farmington.m.n.us
City Planning Commission
rnv
\/\
Lee Smick, AICP
City Planner
Application for Preliminary and Final Plat Approval of Emmaus Grove
Addition and Wetland Alteration Permit- Farmington Lutheran Church
Site
Applicant: Farmington Lutheran Church, 501 Walnut Street
February 11, 2003
INTRODUCTIONIDISCUSSION
Staff is awaiting the submission of revisions to the Preliminary and Final Plat for Emmaus Grove by the
applicant's engineer. The revisions address grading, stormwater, and wetland issues related to the site.
Upon submission of the revisions, staff will review the items to insure compliance with City requirements
and present the findings at a future Planning Commission meeting.
ACTION REQUESTED
Staff recommends that the public hearing for the Emmaus Grove Preliminary and Final Plat be
continued to a later date so that revisions may be submitted by the applicant's engineer.
Respectfully submitte ,
~-
Lee Smick, AICP
City Planner
cc: Farmington Lutheran Church, 501 Walnut Street, Farmington, MN 55024
Ann Kuntz, Station Nineteen Architects, Inc. 2001 University Ave, Suite 100,
Minneapolis, MN 55414
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City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
IJfV
Clty Plannlng Commlsslon
FROM:
Jim Atklnson
Asslstant City Planner
SUBJECT:
Ordinance Repealing Tltle 4, Chapter 3 of the Farmington City
Code and Adding Sectlon 10-6-3 of the Farmlngton Zonlng Code
Establishing Standards for Slgns and Billboards.
DATE:
February 11, 2003
DISCUSSION
The Planning Commission has reviewed an earlier draft of the proposed sign ordinance
and provided comments. Those comments have been incorporated into the current
draft, which is attached to this memo. Changes have been made to the formatting of
the proposed sign ordinance in an effort to make it easier to read and interpret, but
the content has remained virtually unchanged since the Commission's last review.
ACTION REQUESTED
The Planning Commission may:
1. Recommend approval of the proposed Sign Ordinance as lt currently exists;
2. Modify the current draft of the Sign Ordinance and recommend approval with
amendments;
3. Continue the public hearing to allow more tlme to review and make modifications.
Respectfully Submitted,
4~~.
Jim Atkinson
Assistant City Planner
Attachment: Proposed Sign Ordinance
. Signs and Billboards
(A) PURPOSE AND INTENT
(B) DEFINITIONS
(C) SIGNS PERMITTED
(D) SIGNS PROHIBITED
(E) GENERAL DESIGN AND CONSTRUCTION STANDARDS
(F) NON-CONFORMING SIGNS
(G) ADMINISTRATION AND ENFORCEMENT
(A) PURPOSE AND INTENT
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1. Purpose: Signs have an impact on the character and quality of the
environment as a prominent part of the scenery. They attract or repel the
viewing public and affect the safety of vehicular traffic. Their suitability
or appropriateness helps to set the tone of the neighborhood. The purpose
of this Chapter is to protect and promote the general welfare, health,
safety and aesthetics within the City through the establishment of
comprehensive standards, regulations and procedures governing the
placement, erection, maintenance, use and/or display of devices, signs or
symbols.
2. Intent: The provisions of this Chapter are intended to encourage creativity,
a reasonable degree of freedom of choice, an opportunity for effective
communication and a sense of concern for visual amenities on the part of
those designing, displaying or otherwise utilizing needed communicative
media of the types regulated by this Chapter. At the same time, the
provisions of this chapter are intended to insure that the public is not
endangered, annoyed or distracted by unsafe, disorderly, indiscriminate or
unnecessary use of such communicative facilities.
(B) DEFINITIONS
ADVERTISING SIGN: A billboard, posterpanel board, painted bulletin board, or other
communicative device which is used to advertise products, goods and/or services, any
part of which is not sold, produced, assembled, manufactured or furnished or
otherwise related to activities conducted on the premises on which such is located.
ANIMATED SIGN: Any sign that uses movement or change of lighting to depict action
or create a special effect or scene.
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AREA OF IDENTIFICATION SIGN: A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex of three or
more structures or ten or more units, a shopping center consisting of three or more
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separate structures, an industrial area consisting of three or more structures or any
combination of the above.
AWNING: A sign that is part of or attached to an awning, canopy, or other fabric,
plastic, or structural protective cover over a door, entrance, window, or outdoor
service area.
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.
BEACONS: Any light with one or more beams, capable of being directed in any
direction or directions or capable of being revolved automatically.
BENCH SIGN: A sign attached to or painted on a bench for seating.
BUSINESS PARK 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.
CANOPY /WALKWAY: A permanent roof-like structure or cover which projects from
the wall of a building, or projects over any entrance of walkway. A marquee is not a
canopy.
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.
Construction signs are meant for temporary identification for not more than 30 days
after completion of the project.
DEVELOPMENT PROJECT SIGN: A temporary sign located on the site of a new
development, listing owners, developers, builders and similar identifying information.
DISTRICT: A specific zoning district as defined in the City Zoning Ordinance.
ELECTION SIGN: A temporary sign which displays information pertaining to an
upcoming governmental district, city, county, state or national election.
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FA<;ADE: That portion of any exterior elevation of a building extending from grade to
the top of the parapet wall or caves and the entire width of the building elevation.
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.
HISTORIC DOWNTOWN BUSINESS DISTRICT: All property designated within the B-2
zoning district.
ILLUMINATED SIGN: Any sign which has characters, letters, design or outlines
illuminated by artificial light directly to or from the interior of the sign.
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.
MARQUEE: A roof like 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)
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 freestanding on the ground, extending horizontally for a
minimum of 80 percent (80%) of the entire length of the sign face. The sign shall be
constructed of anyone or combination of the following materials: brick, stone,
decorative masonry, plastic, aluminum, colored metals, or decay resistive wood.
MULTIPLE OCCUPANT SIGN: A sign identifying 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.
NAMEPLATE SIGN: A sign indicating the name and/or address of a building, or the
name of an occupant thereof, and/or practice of a permitted occupation therein.
NONCONFORMING SIGN: Any advertising structure or 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.
OBSOLETE SIGN: Any sign which no longer advertises a bona fide business conducted
or products sold.
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PAINTED WALL SIGN: A sign which has been painted directly onto a building wall,
using the wall material as a base of the sign.
PORTABLE SIGN: A sign not attached to the ground and designed so as to be movable
from one location to another.
PUBLIC INFORMATION SIGN: Noncommercial signs in the public interest identifying
events or public information.
PYLON SIGN: Any stationary, self-supporting sign not affixed to any other structure
and supported by a pole(s).
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.
READER BOARD SIGN: That portion of the sign used for removable letters and/or
numbers to convey messages.
ROOF LINE: That line at which an exterior wall surface of a building structure departs
from a vertical frame.
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 anyone point. When two identical sign faces are readable from
anyone point, both shall be computed. When two 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 anyone point and the angle at
which the two sign faces are placed does not exceed 45 degrees.
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.
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SIGN GRADE: The elevation or level of the ground at the place the sign is to be
erected.
SINGLE OCCUPANT SIGN: A sign identifying 1 tenant of a building or in a
development.
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.
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.
STREET SIGN: For purposes of this Chapter, any reference to street herein shall mean
. any street or roadway, public or private, but not to include private driveways.
TRAFFIC DIRECTIONAL SIGN: A sign for the purpose of guiding vehicular and
p~destrian traffic in a safe and convenient manner and which bears no advertising
information.
WALL SIGN: A sign affixed directly to the exterior wall or screening surface and
confined within the limits thereof and which project from that surface less than
fifteen inches (15") at all points.
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 window panes or glass and is
visible from the exterior of the window.
(C) SIGNS PERMITTED
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Upon the adoption of this Ordinance, it shall be unlawful and a violation of this
Ordinance for any person to erect, construct, paint, alter, relocate, reconstruct,
display, or maintain or cause to be erected, constructed, displayed or maintained
within the City of Farmington any sign (except as defined in Section 6) without first
having obtained a permit from the Zoning Officer.
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1. Signs Permitted in All Zoning Districts
(a) On-Premises Directional Signs: Where one way access and egress
drives are incorporated in a site plan, a sign indicating traffic
direction no more than two (2) square feet may be placed at a
driveway within five feet (5') of the street right of way. A directional
sign indicating the entrance to a two-way driveway may be required
where the Zoning Officer deems it is necessary to safely direct the
traveling public.
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(b) Off-Premises Directional Signs: For the purpose of providing off-
premise direction to a residential project described in this
subsection, or to a new venture less than twelve (12) months
following the issuance of an occupancy permit, or to a public,
religious or nonprofit institution, or to a use which, in the
determination of the Planning Commission, incurs substantial
hardship from lack of reasonable identification as a result of its
location, a conditional use permit shall be required. Such sign shall
not exceed twenty five (25) square feet per face and such sign shall
conform to the yard requirements of the zoning district in which it is
located. If said sign is lighted, it shall be illuminated only during
those hours when business is in operation or when the model homes
or other developments are open for conducting business.
(c) Real Estate Signs: Temporary signage for the purpose of selling,
renting or leasing individual lots, parcels, homes or buildings may be
erected provided:
(1) One sign may be placed per street frontage and located within
15 feet of the right-of-way line on the property to be sold or
leased.
(2) The size of such sign shall be a maximum of six (6) square feet
for residentially zoned property and a maximum of thirty-two
(32) square feet for all other properties.
(3) The sign shall be removed upon sale, rental, or lease of the
property.
(d) Development Project Sign: Temporary signage for the purpose of
selling or promoting a development project or used as construction
signs shall comply with the following conditions:
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(1) For development projects of thirty (30) acres or less, one (1)
sign each at a maximum of thirty-two (32) square feet of sign
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area and not exceeding ten (10) feet in height may be erected
on the project site.
(2) For development projects over thirty (30) acres, two (2) signs
each at a maximum of thirty-two (32) square feet of sign area
and not exceeding ten (10) feet in height may be erected.
(3) Signs shall be permitted only after a sign permit has been
approved.
(4) Signs shall be located at least ten (10) feet from the nearest
property line on the property to be sold or leased and in no
case shall be permitted within the thirty (30) foot triangle of
visibIlity at public or private street intersections or driveway
intersections.
(5) Signs shall be located at least fifty (50) feet from any existing
or occupied dwelling unit.
(6) Signs shall be removed when the residential development is
sold out or the multiple dwelling project is sold or rented.
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(e) Banners: Banners shall comply with the following conditions:
(1) A sign permit is required for the banner and shall be valid for
thirty (30) consecutive days. No more than three (3) banners
may be allowed on a property.
(2) Minimum Setbacks: Banners shall be set back at least ten (10)
feet from all property lines and in no case shall be permitted
within the thirty (30) foot triangle of visibility at public or
private street intersections or driveway intersections.
(3) Banners shall not be erected or maintained in such a manner
as may endanger the public safety, interfere with or obstruct
pedestrian or vehicular travel, or create a traffic safety
problem.
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(4) The City may place banners on streetlights to display
distinctive colors, patterns, or symbols, used as a symbol of
the City.
(f) Election Signs: Election signs shall be permitted on private property in
any zoning district with the expressed consent of the owner or
occupant of such property. The following conditions apply:
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(1) Such signs may not be posted more than sixty (60) days prior
to the election and must be removed by those responsible for
the erection of the sign or the property owner within seven (7)
days following the election.
(2) Such signs must be no larger than sixteen (16) square feet of
sign area and shall not exceed six (6) feet in height above
grade.
(3) Such signs shall not be more than three (3) feet in height
within the thirty (30) foot triangle of visibility at public or
private street intersections or driveway intersections.
(4) Any sign found by the City to be in violation of this Section
may be, without notice, summarily dismantled, removed or
otherwise rendered in compliance with this Section by the
City.
(5) Shall not be placed upon public right of way or property,
except for parks and other public areas approved by the City
Council.
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(6) Installation shall comply with the Fair Campaign Practices Act.
(g) Window: Permanent signs printed or otherwise displayed from the
inside surface on an individual window shall not exceed two (2)
square feet or twenty five percent (25%) of the total window area,
whichever is greater.
(h) Public Information Signs: Shall be allowed by conditional use permit
in all districts. Sign area shall be limited to one-hundred and fifty
(150) square feet, and shall comply with setback requirements in
each district, and may be illuminated subject to timing and
information controls stipulated as a condition to the conditional use
permit.
(i) On-Premises Signs: For the purpose of identifying or advertising a
business, person, activity, goods, products or services located on the
premises where the sign is installed and maintained, signs shall be
regulated as set forth in subsections-10-6-3 (F) 1.
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(j) No Trespassing: No trespassing signs and no dumping signs shall not
exceed two (2) square feet in area per side and not to exceed four
(4) in number per lot in "R" Districts. In the "A" Districts such signs
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shall not be located less than three hundred feet (300') apart. (Ord.
086-173, 2-21-86)
(k) Awning Signs: Signs consisting of one line of letters not exceeding
nine inches (9") in height may be painted or placed upon the hanging
border only of an awning. An identification emblem, insignia, initial
or other similar design, not exceeding eight (8) square feet in area
may be painted or placed elsewhere on an awning.
(l) Painted Wall Signs: Painted wall signs shall be permitted only on
structurally sound and homogeneous surfaces. A conditional use
permit shall be required.
(m) Municipal Entrance Sign: A sign may be placed at the City boundary
along a roadway identifying the City name. Such sign shall not
exceed one-hundred and fifty (150) square feet and ten (10) feet in
height.
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(n) Open house signs shall not exceed four (4) square feet, six (6) feet in
height and the display of signs is limited to the same day of the open
house. Said signs may be placed in the City right of way but not
exceed three (3) feet in height within the thirty (30) foot triangle of
visibility at public or private street intersections or driveway
intersections.
(0) Temporary holiday signs and displays relating to non-commercial
messages associated with national, state or local holidays or
festivals.
(p) Garage/rummage sale signs on private property not to exceed two (2)
square feet in size and to be removed on the same day the sale ends.
(q) Integral signs displaying only the name, address of the building or
date of construction not to exceed two (2) square feet.
(r) Flags or insignia of any government
(s) Traffic/Street signs approved by the Director of Public Works.
1. Residential Zoning Districts
(a) For home occupations: one (1) non-illuminated wall sign not exceeding
two (2) square feet in size.
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(b) For single-family subdivisions and multi-family complexes, one (1)
monument sign per street frontage, not to exceed fifty (50) square feet
in sign area and five (5) feet in height. Signs shall be located at least ten
(10) feet from property lines and in no case shall be permitted within
the 30 foot triangle of visibility at street intersections.
(c) For permitted nonresidential uses, one (1) free-standing monument sign
not to exceed fifty (50) square feet in sign area and ten (10) feet in
height. Signs shall be located at least ten (10) feet from property lines
and in no case shall be permitted within the 30 foot triangle of visibility
at street intersections. Wall signs shall not exceed 12% of the building
fa~ade or 300 square feet, whichever is less.
(d) Illuminated Signs: Except for temporary signs, illuminated signs shall be
allowed in Residential Zoning Districts for nonresidential uses. Such signs
shall be illuminated only by steady, stationary, shielded light sources
directed solely at the sign, or internal to it, without causing glare for
motorists, pedestrians or neighboring premises as outlined in Section 10-
6-8 of the City Code regarding exterior lighting.
(e) Athletic Complex Scoreboards:
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Freestanding signs shall be permitted on public school property as
follows: Scoreboards may be located only at the varsity and junior
varsity playing fields at the northeast intersection of Akin Road and
CSAH 50 and on the parcel at 800 Denmark Avenue. One scoreboard
may be erected for each competitive playing field and is restricted to a
maximum of 6'6" in height by 27' in length. The maximum height of the
scoreboard at installation is 20 feet. The scoreboards at the varsity and
junior varsity baseball fields may display non-illuminated advertisement
panels located on the bottom perimeter of the front of the scoreboard
and shall not exceed 2 feet in height or 27 feet in width. A second non-
illuminated advertisement panel may be located on the back of the
scoreboard at the top of the scoreboard perimeter and shall not exceed
3 feet in height or 27 feet in width. One business may be advertised on
both sides of the scoreboard and shall display the exact same sign.
Team logos, names and field location may be located on the front of the
scoreboard at the top of the scoreboard perimeter and shall not exceed
2 feet in height and 27 feet in width. Team logos, names and field
location may also be located on the back of the scoreboard and shall
not exceed 2 feet in height and 27 feet in width. The scoreboards
located at 800 Denmark Avenue may display non-illuminated
advertisement panels on the bottom perimeter of the scoreboard and
may not exceed 2 feet in height or 27 feet in length. Team logos,
names and field location may be shown on a panel located on the top
perimeter of the scoreboard and may not exceed 2 feet in height or 27
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feet in length. A second non-illuminated advertisement panel may be
located on the back of the scoreboard at the top of the scoreboard
perimeter and shall not exceed 3 feet in height or 27 feet in width. One
business may be advertised on the back of the scoreboard.
2.
B-1, B-2, B-3, B-4, and 1-1 Zoning Districts
(a) WALL SIGNS: One (1) wall sign is permitted per building front as follows
for each zoning district:
B-1: 10% of fac;:ade (200 sq. ft. maximum)
B-2: 14% of fac;:ade (300 sq. ft. maximum)
B-3: 16% of fac;:ade (300 sq. ft. maximum)
B-4: 16% of fac;:ade (300 sq. ft. maximum)
1-1: 18% of fac;:ade (400 sq. ft. maximum)
(b) MONUMENT SIGNS are permitted up to one hundred (100) sq. ft. in sign
area with a height maximum of ten (10) feet from the ground (including
the base) to the top of the sign. The sign must be set back ten (10) feet
or more from the property line and shall not be located within the thirty
(30) foot triangle of visibility at street intersections. Monument signs in
the 6-4 district may be illuminated between 8am and 10pm and shall be
in compliance with Section 10-6-8 of the City Code.
(c) PYLON SIGNS are permitted as follows:
1. No pylon sign shall be located in a required yard.
2. Pylon signs shall not be located closer than five (5) feet
from a driveway or parking space.
3. Area and height of pylon signs are determined by the
speed of automobile traffic along the frontage street
as follows:
Speed (mph) Area (sq. ft.) Height (ft)
30 50 18
35 75 20
40 100 22
45 125 24
50 150 26
55 175 28
4. Pylon signs shall not be permitted in the 6-4 zoning
district.
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(d)The area identification sign for a shopping center, stating the name of
the center and the major tenants, shall be allowed. The maximum size
and height shall conform to the requirements of subsection (c) above.
(e) A reader board sign may be attached to the pylon sign and shall not
exceed twenty percent (20%) of the sign area. The reader board shall be
included in calculating the allowable sign square footage as required in
the individual district.
(f) WINDOW SIGNS no more than twenty-five percent (25%) of the total
window or two (2) square feet, whichever is greater.
(g) MARQUEE SIGNS may be placed on the roof of a covered walk or marquee
in a building complex on the vertical face of a marquee and may project
from the lower edge of the marquee not more than twenty four inches
(24"), but the bottom of a sign placed on a marquee shall be no less than
eight feet (8') above the ground at any point. No part of the sign shall
extend above the top of the roof line for a covered walk or above the
top of the vertical face of the marquee. (Ord. 090-228, 2-5-90)
.
(h) BEACONS: Revolving beacons, beamed lights or similar devices shall be
permitted, in all "B" and "I" Districts provided that they do not so distract
automobile traffic as to constitute a safety hazard. A conditional use
permit shall be required.
(i) IllUMINATED SIGNS: Except for temporary signs, illuminated signs shall
be allowed in "B" and T' Districts. Such sign shall be illuminated only by
steady, stationary, shielded light sources directed solely at the sign, or
internal to it, without causing glare for motorists, pedestrians or
neighboring premises as outlined in Section 10-6-8 of the City Code
dealing with exterior lighting.
(j) OFF PREMISES ADVERTISING SIGNS:
1. Billboards and other off-premises advertising signs shall
be permitted only in the 1-1 District and only along CSAH
50 and TH 3.
2. A conditional use permit is required for all billboard and
other off-premises advertising signs.
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3. The maximum sign size shall be three hundred (300)
square feet in sign area. Billboards may incorporate
cutouts protruding beyond the framed perimeter of the
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sign face, providing the total sign area does not exceed
three hundred fifty (350) square feet.
4. The maximum height to the uppermost portion of any
advertising device shall be thirty feet (30'). The building
setback limitation for the zoning district in which the sign
is located shall apply to setbacks for advertising signs.
5. The minimum radius distance between advertising signs
shall be one thousand five hundred feet (1,500').
6. No billboard or other off-premises advertising sign
structure shall be constructed within five hundred feet
(500') of any park or residential zoning district.
7. No billboard or other off-premises advertising sign shall be
located closer to any intersection than five hundred feet
(500').
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8. Billboards and other off-premises advertising signs shall be
a single support, metal structure, free of supports or guy
wires. The metal shall be treated in such a manner as to
prevent deterioration.
9. Billboards may be illuminated provided that there are no
flashing, intermittent or moving lights; and that beams or
rays of l1ght are not directed toward any portion of public
streets.
10. Billboards and other off-premises advertising signs are
permitted in undeveloped land areas. When a plat is
approved and improvements are in place, the billboard
must be removed from the site. (Ord. 090-228, 2-5-90)
1. BP and IP Zoning Districts:
(a) Single Occupant Building
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1. Monument - One (1) monument sign for each principal
structure or legal parcel. Lots adjacent to more than one
street may have one (1) sign per street frontage. Signs
shall not exceed sixty (60) square feet in sign area per
sign with a maximum height of six (6) feet. Said signs
shall be located at least ten (10) feet from the nearest
property line and in no case shall be permitted within the
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thirty (30) foot triangle of visibility at public or private
street intersections or driveway intersections.
2. Wall - The total sign area on the building shall not exceed
20% of the building fa<;:ade or 500 square feet in area.
(b) Multiple Occupant Building
1. Monument -One (1) monument sign may be erected on a
lot. The sign shall not exceed seventy-five (75) square
feet in sign area and ten (10) feet in height. Monument
signs may include the name of the development and up to
four (4) tenants of the development. Said signs shall be
located at least ten (10) feet from the nearest property
line and in no case shall be permitted within the thirty
(30) foot triangle of visibility at public or private street
intersections or driveway intersections.
2. Wall - The total sign area on the building shall not exceed
20% of the building fa<;:ade or 500 square feet in area.
3. Multiple occupancy buildings shall submit a sign plan that
will coordinate signage for the entire project. The plan
shall address height, location, size, number type,
decorative theme, design, color and materials to be used
on the building. The plan shall be reviewed and approved
by the Zoning Officer prior to the issuance of a sign permit
for the building. The owner of the building is responsible
for obtaining the sign permit, comply with the approved
sign criteria, and insure that signs erected are in
compliance with the approved sign plan.
2.
Spruce Street Commercial Zoning District:
(a) Single Occupant Building
1. Monument:
a. Under 100,000 square feet - One (1) monument sign
for each principal structure or legal parcel. lots
adjacent to more than one street may have one (1)
sign per street frontage. Signs shall not exceed one-
hundred (100) square feet in sign area per sign with
a maximum height of ten (10) feet. Said signs shall
be located at least ten (10) feet from the nearest
property line and in no case shall be permitted
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within the thirty (30) foot triangle of visibility at
public or private street intersections or driveway
intersections.
b. Over 100,000 square feet - One (1) monument sign
per street frontage for each principal structure or
legal parcel. Lots adjacent to more than one street
may have one (1) sign per street frontage. Primary
sign shall not exceed one-hundred and fifty (150)
square feet in sign area per sign with a maximum
height of fifteen (15) feet; secondary street frontage
sign shall not exceed sixty (60) square feet in area
per sign with a maximum height of six (6) feet. Said
signs shall be located at least ten (10) feet from the
nearest property line and in no case shall be
permitted within the thirty (30) foot triangle of
visibility at public or private street intersections or
driveway intersections.
2. Wall - The total sign area on the building may not exceed
16% of the building fac;ade or 400 square feet per building
face.
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(b) Multiple Occupant Building
1. One (1) monument sign per street frontage may be
erected on a lot. Lots adjacent to more than one street
may have one (1) sign per street frontage. Primary sign
shall not exceed two-hundred (200) square feet in sign
area per sign with a maximum height of twenty (20) feet;
secondary street frontage sign shall not exceed seventy-
five (75) square feet in sign area per sign with a maximum
height of six (6) feet. Monument signs may include the
name of the development and up to four (4) tenants of the
development. Said signs shall be located at least ten (10)
feet from the nearest property line and in no case shall be
permitted within the thirty (30) foot triangle of visibility
at public or private street intersections or driveway
intersections.
2. Wall - The total sign area on the building may not exceed
16% of the building fac;ade or 400 square feet.
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3. Multiple occupancy buildings shall submit a sign plan that
will coordinate signage for the entire project. The plan
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shall address height, location, size, number type,
decorative theme, design, color and materials to be used
on the building. The plan shall be reviewed and approved
by the Zoning Officer prior to the issuance of a sign permit
for the building. The owner of the building is responsible
to obtain the sign permit, prescribe to the approved sign
criteria and insure that signs erected are in compliance
with the approved sign plan.
(c) On-Premise/Traffic Directional Signs - Where one way access and
egress drives are incorporated in a site plan, a sign indicating
traffic direction no more than two (2) square feet in sign area may
be placed at a driveway within five feet (5') of the street right of
way. A directional sign indicating the entrance to a two-way
driveway may be required where the Zoning Officer deems it is
necessary to safely direct the traveling public.
(d) Marquee signs are allowed on theater buildings in the SSC District
and may be placed on the vertical face of the building and may
project from the lower edge of the marquee not more than twenty
four inches (24"), but the bottom of a sign placed on a marquee
shall be no less than eight feet (8') above the ground at any point.
No part of the sign shall extend above the top of the roof line for a
covered walk or above the top of the vertical face of the marquee.
(Ord. 090-228, 2-5-90)
(D) SIGNS PROHIBITED
All signs not expressly permitted under this Ordinance or exempt from regulation
hereunder in accordance with this Ordinance are prohibited. Such signs include, but
are not limited to:
1. Rotating, Moving, Animated~ or Flashing Signs: Rotating, moving or flashing
signs shall not be permitted in any district.
2. Traffic Interference: No sign shall be erected that, by reason of position,
shape or color would interfere in any way with the proper functioning or
purpose of a traffic sign or signal.
3. Snipe Signs: There shall be no use of snipe signs anywhere within the City.
4. Roof Signs: Roof signs, roof advertising symbols, roof logos, roof statues or
roof sculptures shall not be permitted in any district. No sign shall extend
above the roof line.
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5. Business and Advertising Signs: Such signs shall not be painted, attached or
in any manner affixed to trees, rocks or similar natural surfaces, nor shall
such signs be affixed to a fence or utility pole.
6. Public Rights of Way: No sign shall be upon or overhang any public right of
way, with the exception of B-2 Districts where an overhang of fifteen inches
(15") is possible.
7. Bench Sign: Bench signs shall not be permitted in any district. (Ord. 086-
173, 2-21-86)
8. Advertising Signs: Signs which advertise an activity, business, product or
service that has not been produced or conducted on the premises for more
than thirty (30) days and are considered obsolete. (Ord. 090-228, 2-5-90)
(E) GENERAL DESIGN AND CONSTRUCTION STANDARDS
All signs shall be designed, constructed, and maintained in accordance with the
following standards:
1. Except for banners, flags, temporary signs, and window signs conforming
in all respects with the requirements of this Ordinance, all signs shall be
constructed of permanent materials and shall be permanently attached
to the ground, a building, or another structure by direct attachment to a
rigid wall, frame, or structure.
2. All signs shall be maintained in good structural condition, in compliance
with all building and electrical codes, and in conformance with this code,
at all times.
(F) NON-CONFORMING SIGNS
1. Continuation of Use - A nonconforming sign lawfully existing upon the
effective date of this Chapter may be continued at the size and in the
manner existing upon such date except as hereinafter specified.
2. Upon adoption of this Chapter, a nonconforming sign shall not be:
a. Structurally changed to another nonconforming sign if altered to
proLong the life of the sign, except to meet safety requirements.
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b. Structurally altered except to bring it into compliance with the
provisions of this Chapter.
c. Expanded or enlarged so as to increase the degree of
nonconformity of the sign.
d. Continued in use if a change of use occurs as defined in the zoning
ordinance, or if such sign is proposed to be remodeled, repainted or
otherwise changed for the purpose of displaying the new name or
other new identification of the premises.
e. Repaired or otherwise rehabilitated after damage, destruction or
deterioration of more than 50 percent, except to bring into
conformance with this Chapter.
3. Nonconforming Sign Maintenance and Repair
Nothing in this Chapter shall be construed as relieving the owner of
use of a legal nonconforming sign or owner of the property on which
the legal nonconforming sign is located from the provisions of this
Chapter regarding safety, maintenance and repair of signs, provided,
however, that any repainting, cleaning and other normal
maintenance or repair of the sign or sign structure shall not modify
the sign structure or copy in any way which makes it more
nonconforming or the sign shall lose its legal nonconforming status.
4. Nonconforming Signs Annexed to the City
All existing signs located on property annexed into the City after the
effective date of this Chapter that are not in conformance with this
Chapter shall be brought into conformance with sixty (60) days after
such annexation.
(G) ADMINISTRATION AND ENFORCEMENT
1. Enforcement Officer:
All administration and enforcement of this Ordinance shall be
primarily implemented by the Zoning Officer. Anyone who wishes to
report a sign that may be in violation of this Ordinance should do so
to the Zoning Officer.
2. Permit Procedure:
Except as otherwise provided in this Ordinance, all signs shall require
a sign permit prior to being constructed, reconstructed, moved,
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altered, placed, or repaired. Sign permits shall be issued by the
Zoning Officer.
3. Permit Fees:
Each application for a sign permit shall be accompanied by the
applicable fees, which shall be established by the Farmington City
Council.
4. Cancellation
A sign permit shall be null and void if the work for which the permit
was issued has not been completed within a period of six (6) months
after the date of the permit. A permit may be renewed one time and
no additional fee shall be collected for renewal.
5. Fines
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Any person, organization, corporation or their representatives, found
in violation of this Chapter shall be guilty of a misdemeanor and upon
conviction, shall be punished by a fine not to exceed the maximum
statutory amount. Each day that a violation exists shall constitute a
separate and distinct offense, punishable as aforesaid.
6. Appeals
To provide for a reasonable interpretation of the provisions of this
Chapter, a permit applicant who wishes to appeal an interpretation
by the Zoning Officer may file a notice of appeal with the Planning
Commission and request a hearing. The Commission shall hear
appeals or requests in the following cases:
a. Appeals where it is alleged that there is an error in any
order, requirement, decision or determination made by the
Zoning Officer in the enforcement of this Chapter.
b. Request for variances from the literal provisions of this
Chapter in instances where their strict enforcement would
cause undue hardship. (Ord. 086-173, 2-21-86)
7. Severance Clause
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If any section, clause or provision or portion thereof, of this Chapter
shall be found to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect any other
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section, clause, provision or portion thereof of this Chapter. (Ord.
086-173,2-21-86)
8. Revocation of Permit
The Zoning Officer is authorized and empowered to revoke any
permit upon failure of the holder of said permit thereof, to comply
with any provisions of this Chapter. (Ord. 086-173, 2-21-86)
9. Maintenance
All signs shall be maintained in a safe, presentable and good
structural condition at all times. Maintenance shall include painting,
repainting, cleaning, replacement or repair of defective parts and
other necessary acts.
Any sign which is found in a dangerous or defective condition, shall
be removed or repaired by the owner of the sign or the owner of the
premises on which the sign is located. (Ord. 086-173, 2-21-86)
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