HomeMy WebLinkAbout11.14.23 Planning Packet
Meeting Location:
Farmington City Hall
430 Third Street
Farmington, MN 55024
PLANNING COMMISSION
Tuesday, November 14, 2023
7:00 PM
Page
1.CALL TO ORDER
2.APPROVAL OF MINUTES
2.1.Approve Planning Commission Minutes
Approve the minutes from the September 12, 2023 regular meeting.
Agenda Item: Approve Planning Commission Minutes - Pdf
2 - 5
3.PUBLIC HEARINGS
4.DISCUSSION
4.1.Potential Code Amendments - Discussion Only
Discussion only.
Agenda Item: Potential Code Amendments - Discussion Only - Pdf
6 - 19
5.ADJOURN
Page 1 of 19
PLANNING COMMISSION AGENDA MEMO
To: Planning Commission
From:Tony Wippler, Planning Manager
Department:Planning Commission
Subject:Approve Planning Commission Minutes
Meeting:Planning Commission - Nov 14 2023
INTRODUCTION:
Attached, are the minutes from the September 12, 2023 regular meeting.
DISCUSSION:
Not applicable
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Approve the minutes from the September 12, 2023 regular meeting.
ATTACHMENTS:
PC Minutes 091223
Page 2 of 19
CITY OF FARMINGTON
PLANNING COMMISSION MINUTES
REGULAR MEETING
September 12, 2023
1.CALL TO ORDER
The meeting was called to order by Chair Rotty at 7:00 p.m.
Members Present: Rotty, Tesky, Windschitl, Lehto, McAbee
Members Absent: None
Staff Present: Tony Wippler – Planning Manager
Jared Johnson – Planning Coordinator
Also Present: Lance Bernard, Hoisington Koegler Group
2.APPROVAL OF MINUTES
a) Approve Planning Commission Minutes
MOTION by Tesky, second by McAbee to approve the meeting minutes of the
Planning Commission from August 8, 2023 regular meeting. APIF, MOTION
CARRIED.
3.PUBLIC HEARINGS
Chair Rotty opened all public hearings
3.1 – Ordinance Amendment to Title 10, Chapter 3, Sections 3, 5, & 7 of the City
Code: Administrative Requirements for Conditional and Interim Use Permits –
Planning Coordinator Jared Johnson introduced the amendment to the commission.
City staff along with the direction of city legal counsel, is recommending several
ordinance amendments. There are two main components to the amendments. The
first part of the amendment transfers authority from the Planning Commission to
the City Council to approve interim use permits. Currently, the Planning
Commission does not have statutory authority to approve or deny interim use
permits. Only the City Council can approve or deny them. The existing code
currently delegates the approval of interim use to the Planning Commission without
the need of City Council approval. In order to align with State Statute, the proposed
ordinance would transfer the duty from the Planning Commission back to the City
Council. The Planning Commission would still hold a public hearing and give a
recommendation to the City Council. The second component adds a six-month
timeframe, before denied conditional or interim use permits can be reapplied for.
Staff is recommending this time frame to reduce redundancy and repeat
applications. They cause additional time for staff and decision makers and allow for
the applicant to make significant changes that are needed as a result of the initial
denial. Consensus was that it makes sense to make this change. Motion by
Windschitl second by Tesky to close the Public Hearing. APIF, Motion Carried.
Motion by Lehto second by McAbee to recommend approval and forward to City
Council for action. APIF, Motion Carried.
Page 3 of 19
Planning Commission Minutes
September 12, 2023
Page 2
3.2 – Conditional Use Permit for a Grocery Store within the B-1 Zoning District
- 705 8th Street - Sultan Haque– Planning Manager Tony Wippler shared that the
proposed Farmington Food & Spice House would be a standard grocery store that intends
to offer superior and high-quality food products. It would be an Indian grocery store with
a product inventory that will include: meat, frozen fish, dairy product, halal slaughtered
animals, fresh produce, dry food (sweets, snacks, bakery foods), canned food, spices,
packed tea, coffee, beverages, ethnic personal care and beauty product. The proposed use
will also include a delicatessen that will allow customers to buy ready-to-eat items such
as cold cut meat, sliced cheese, sandwiches, gyros, grill items, salad and fries. The
property is zoned B-1 where grocery stores are a conditional use. Two additional parking
stalls will be required. Screening will be required for the trash container.
Staff believes that all six CUP requirements have been met. Mr. Haque addressed the
commission and indicated that he is trying to fill a need for the community. He is
hoping to open within 3-6 months.
Commissioner Windschitl stated it is welcomed by the community. He asked Mr.
Haque how many employees he will have. Mr. Haque stated 3-5 employees to start.
Commissioner Windschitl asked about bollards to the front of the store. Planner
Wippler said it should be a condition of the CUP. Mr. Haque said he could provide
this.
Commissioner Lehto – Do you know where additional parking spots be located?
Planner Wippler indicated it may be on the east side of site where there is room.
Commissioner McAbee – Welcome to the community. There is a big need.
Commissioner Teske - Will you be utilizing the existing loading dock? Mr. Haque
indicated that they will be using it for product. Deliveries will be mostly during the
day.
Commissioner Rotty – Will you be changing or adding and lighting in the parking
lot? Mr. Haque, they would like to do spot lighting, like sensor. Member Rotty
clarified that lighting for the parking lot should be kept on site and not a nuisance
for neighbors. Member Rotty asked if staff can review the proposed lighting plan.
Member Rotty went through the contingencies with Mr. Haque and asked if he
agreed with them. Mr. Haque indicated “Yes”. He also welcomed him to the
community.
Motion by Windschitl second by Tesky to close the public hearing. APIF, Motion
Carried. Motion by McAbee second by Lehto to approve the CUP, with the six
contingencies. APIF, Motion Carried.
4.DISCUSSION
Page 4 of 19
Planning Commission Minutes
September 12, 2023
Page 3
4.1 – 2040 Comprehensive Plan Update – Lance Bernard from Hoisington Koegler
Group presented the progress that has been made with regards to the public
engagement, community vision and guiding principles for the update. They started
the process in May getting the communities vision for Farmington. Now they are in
the update phase of the land use plan trying to better understand where there may
be some changes to the 2040 land use map. They have been working with some of
the larger property owners getting input on what their thoughts are and what they
are trying to plan for the future. Created a new “Brand” to get people involved and
had some “pop-up” events for community engagement. Based on the community and
staff input a new vision statement was created: “In the City of Farmington, people
and neighborhoods are valued, natural resources are treasured, and business and
traditions are celebrated. We are bold in pursuing opportunities and investments
that support quality and sustainable growth, a vibrant and resilient economy, and a
complete and connected community.”
Mr. Bernard referred to the draft guiding principles in the commissions packet. Mr.
Bernard went through each area of the draft with the commission and took
questions. Planner Wippler asked if the commission could review the vision
statement and provide input. It was review with Mr. Bernard and the consensus of
the commission was that they liked the “vision statement” as reviewed.
The next steps will be to get through the bigger land use change discussion and
come back in the fall for some of the bigger changes and recommendations. Mr.
Bernard also noted that the amendment process must go through the Met Council
and they are aware of these potential changes. Discussion will still occur with the
Met Council.
5.ADJOURN
MOTION by Windschitl, second by McAbee to adjourn at 8:02 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
Sue Miller
Administrative Assistant
Page 5 of 19
PLANNING COMMISSION AGENDA MEMO
To: Planning Commission
From:Jared Johnson, Planning Coordinator
Department:Planning Commission
Subject:Potential Code Amendments - Discussion Only
Meeting:Planning Commission - Nov 14 2023
INTRODUCTION:
Over the past couple of years, staff has been updating a list of potential code amendments. The
minor amendments include correcting spelling errors, adding definitions, clarifying language, and
updating uses and performance standards.
DISCUSSION:
Staff has included this list of potential code amendments for the Planning Commission's review.
The Planning Commission is asked to give staff feedback on the potential code amendments. Once
feedback is received, staff will make final edits and draft formal amendments for a future meeting.
BUDGET IMPACT:
Not applicable
ACTION REQUESTED:
Discussion only.
ATTACHMENTS:
Code Update Table
Zoning Use Table
Chapter 5 Arc. Design and Materials Code Section
Page 6 of 19
CODE UPDATES (DISCUSSION ONLY)
City Code Section
Existing Language/Summary Proposed Change Comments/Rationale
10-5-23 (C)
Highway 3 Overlay
District: Process
(C) Process: The HW3-O overlay district design standards
will be administered through the site plan process in
section 10-6-23 of this chapter and, if reguired under the
design review process, in section 2-11-5 of this code.
(C) Process: The HW3-O overlay district design standards
will be administered through the site plan process in
section 10-6-23 of this chapter and, if regquired under
the design review process, in section 2-11-5 of this code.
Spelling fix
10-5-23 (D)
Highway 3 Overlay
District: Applicability
(D) Applicability: All new construction and renovations
or additions of existing commercial, multi-family, and
mixed use buildings in the HW3-O overlay district will be
reguired 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:
4. Construction that does not reguire a building permit.
(D) Applicability: All new construction and renovations or
additions of existing commercial, multi-family, and mixed
use buildings in the HW3-O overlay district will be
regquired 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:
4. Construction that does not regquire a building permit.
Spelling fix
10-5-23 (E)
Highway 3 Overlay
District: Building
Materials and Design
(E) Building Materials and Design
1. Commercial Buildings:
(d) A mix of materials is reguired to enhance
the overall aesthetic of buildings and of the
corridor as a whole.
2. Multi-family Residential Buildings:
(c) A mix of materials is reguired to enhance the
overall aesthetic of buildings and of the corridor
as a whole.
(E) Building Materials and Design
1. Commercial Buildings:
(d) A mix of materials is regquired to enhance
the overall aesthetic of buildings and of the
corridor as a whole.
2. Multi-family Residential Buildings:
(c) A mix of materials is regquired to enhance
the overall aesthetic of buildings and of the
corridor as a whole.
Spelling fix
10-5-23 (F)
Highway 3 Overlay
District: Signage
Standards
(F) Signage Standards: In addition to the reguirements of
Chapter 10-6-3 of the City Code, the following
architectural standards are reguired for pylon and
monument identification signs:
(F) Signage Standards: In addition to the regquirements of
Chapter 10-6-3 of the City Code, the following
architectural standards are regquired for pylon and
monument identification signs:
Spelling fix
10-5-23 (G)
Highway 3 Overlay
District: Exterior
Commercial Lighting
Standards
(G) Exterior Commercial Lighting Standards: In addition
to the reguirements of Chapter 10-6-8 of the City Code,
the following exterior lighting standards are reguired for
commercial buildings:
(G) Exterior Commercial Lighting Standards: In addition to
the regquirements of Chapter 10-6-8 of the City Code, the
following exterior lighting standards are regquired for
commercial buildings:
Spelling fix
10-5-24 (A)
Spruce Street Overlay
District: Purpose
7. Establish architectural reguirements for commercial
and multi-family residential uses.
7. Establish architectural regquirements for commercial
and multi-family residential uses.
Spelling fix
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CODE UPDATES (DISCUSSION ONLY)
10-5-24 (D)
Spruce Street Overlay
(SS-O) District:
Applicability
(D) Applicability: All new construction and renovations
or additions of existing commercial, residential, and
mixed use buildings in the SS-Q 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:
(D) Applicability: All new construction and renovations or
additions of existing commercial, residential, and mixed
use buildings in the SS-QO 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:
Spelling fix
10-5-24 (E)
Spruce Street Overlay
(SS-O) District: Site
Design Standards -
Lighting
2. Lighting: At the time of the site plan review for the
development, a detailed lighting plan shall be submitted.
(c) Any lighting reguired 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”.
2. Lighting: At the time of the site plan review for the
development, a detailed lighting plan shall be submitted.
(c) Any lighting regquired 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”.
Spelling fix
10-5-24 (E)
Spruce Street Overlay
(SS-O) District: Site
Design Standards –
Required Amenities
3. Required Amenities: For each development, one of
the following amenities per ten (10) acres of net
developable land area shall be reguired and installed at
the time of construction of the project. The amenities
shall be highly visible, easily accessible outdoor focal
points or gathering places for residents, employees, and
visitors to the development site.
3. Required Amenities: For each development, one of the
following amenities per ten (10) acres of net developable
land area shall be regquired and installed at the time of
construction of the project. The amenities shall be highly
visible, easily accessible outdoor focal points or gathering
places for residents, employees, and visitors to the
development site.
Spelling fix
10-4-5
Height Regulations for
Airspace Safety
Any person(s) proposing a structure of two hundred feet
(200') or more above ground level located within the city
shall notify and obtain the approval of the federal
aviation administration and the Minnesota department
of transportation.
Any person(s) proposing a structure of two hundred feet
(200') or more above ground level located within the city
shall notify and obtain the approval of the fFederal
aAviation aAdministration and the Minnesota
dDepartment of tTransportation.
Capitalization fix
4-5-2
Architectural Design
and Materials – Usable
Materials
The provisions of this section shall not apply to building
permits issued for structures in zoning districts A-1 or C-
1.
The provisions of this section shall not apply to building
permits issued for structures in zoning districts A-1 or C-1
the A-1 zoning district.
Removing a zoning district that
doesn’t exist anymore
4-5-4
Architectural Design
and Materials – Pole
Buildings
A pole building shall be permitted in zoning districts A-1
or C-1 and only in any other district upon approval by
the city council.
A pole building shall be permitted in zoning districts A-1
or C-1 the A-1 zoning district and only in any other
district upon approval by the city council.
Removing a zoning district that
doesn’t exist anymore
10-2-1
Zoning Definitions –
Auto Repair, Minor
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 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; window tinting and service; or
minor automotive service including changing oil and
transmission fluid.
Window tinting and service
added due to a past zoning
inquiry if the use could fall under
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CODE UPDATES (DISCUSSION ONLY)
10-2-1
Zoning Definitions -
Church
CHURCH: A building, together with its accessory
buildings and uses, where persons regularly assemble
for religious worship.
CHURCHPLACES OF WORSHIP: A building, together with
its accessory buildings and uses, where persons regularly
assemble for religious worship.
Places of Worship are listed as
uses in zoning districts for places
such as churches
10-2-1
Zoning Definitions
There is no definition for “specialized animal raising
facilities” but is listed as a permitted use in the A-1
district.
SPECIALIZED ANIMAL RAISING FACILITIES: The use of
land and buildings for the raising and care of fur-bearing
animals such as rabbits and domestic pets, stabling and
care of horses, animal kennels, and the raising of any
other domestic animals of a similar nature.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “soil pulverizing operation” but
is listed as an interim use in the A-1 district.
SOIL PULVERIZING OPERATION: An operation which
breaks up and pulverizes the soil preparing for seeding,
sod installation, etc.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “truck gardening” but is listed
as a permitted use in the A-1 district.
TRUCK GARDENING: Small-scale cultivation of berries,
flowers, fruits, grains, herbs, mushrooms, nuts,
ornamental plants, seedlings or vegetables for personal
use on-site or for the sale or distribution off-site.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “parochial schools” but is listed
as a use in several zoning districts.
SCHOOL, PAROCHIAL: A private school maintained by a
religious body usually for elementary and secondary
instruction.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “nonprofit recreational,
cultural and entertainment uses” but is listed as a use in
several zoning districts.
NONPROFIT RECREATIONAL, CULTURAL AND
ENTERTAINMENT USES: A non-profit operation which
facilitates or provides services to meet varied
recreational, cultural and entertainment uses for their
patrons.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “home and trailer
sales/display” but is listed as a conditional use in the B-3
district.
HOME AND TRAILER SALES/DISPLAY: The use of any
building or land area for the sales and display of homes
and trailers. Incidental maintenance and servicing is
included as an accessory use.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “wildlife feeding station” but is
listed as a conditional use in the P/OS district.
WILDLIFE FEEDING STATION: An area where food is
deliberately provided for wildlife.
Adding a missing definition for an
existing use in code
10-2-1
Zoning Definitions
There is no definition for “lot coverage”. There is lot
coverage standard in most zoning districts.
LOT COVERAGE: The portion of a lot that is occupied by
buildings or structures, expressed as a percentage of the
total lota area.
Adding a missing definition for a
zoning requirement
10-2-1
Zoning Definitions
There is no definition for “senior care facility” but is
listed as a use in several zoning districts.
SENIOR CARE FACILITY: A facility which provides
personal and/or medical assistance in a home-like
setting to those who cannot live independently. Facilities
can range from assisted living to nursing homes.
Adding a missing definition for an
existing use in code
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CODE UPDATES (DISCUSSION ONLY)
10-2-1
Zoning Definitions –
Nursing Home
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.
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.
Nursing home is not an existing
use in code and should be
removed. Nursing homes are
covered under senior care facility.
10-5-7, 10-5-8, and 10-
5-9
Conditional Uses in the
R-2, R-3, and R-4 zoning
districts
“Group homes, commercial” are listed as conditional
uses in these three districts. There is no definition for
this use and staff finds the use irrelevant as there are
two other group home uses in code.
Remove “group homes, commercial” from conditional
uses in the R-2, R-3, and R-4 zoning districts.
Removing an irrelevant use from
code
10-5-11, 10-5-12, 10-5-
13, 10-5-14, 10-5-15,
and 10-5-16
Retail uses in the B-1,
B-2, B-3, SSMU, MUCI,
and MUCR zoning
districts.
There is no definition for “retail facilities” but is listed as
a use in several zoning districts. This use is very similar to
“retail sales and services” which has a definition and is
listed as a use in several zoning districts.
Retail facilities are listed as a permitted use in the B-1
and B-2 districts, and permitted if over 3,000 SF in the B-
3 district.
Retail sales and services are listed as a permitted use in
the SSMU and the MUCI districts, and permitted if under
3,000 SF in the MUCR district but conditional if over
3,000 SF.
Consolidate the two uses into “retail sales and services”
as there the two uses are practically the same and there
is an exiting definition.
Retail sales and services would be permitted in B-1, B-2,
B-3, SSMU, and MUCI but conditional in the MUCR. The
3,000 SF standard would be eliminated altogether.
Consolidating and simplifying
retail uses
10-5-15
MUCI – Mixed Use
Commercial/Industrial
District - Uses
Permitted: Hotels
Conditional: Hotels and motels
Permitted: Hotels
Conditional: Hotels and m Motels
Remove contradicting language
10-5-14 (C)
SSMU Spruce Street
Mixed Use District -
Uses
Conditional: Dwellings, multiple-family Conditional: Dwellings, multiple family Dwelling,
Apartment
“Dwellings, multiple-family” was
replaced with “Dwelling,
Apartment” in 2021.
10-5-16 (C)
MUCR –Mixed Use
Commercial/
Residential District -
Uses
Conditional: Dwellings, multiple-family Conditional: Dwellings, multiple family Dwelling,
Apartment
“Dwellings, multiple-family” was
replaced with “Dwelling,
Apartment” in 2021.
10-5-11
B-1 Highway Business
District – Lot Coverage
Maximum lot coverage of all structures – 25% Maximum lot coverage of all structures – 2540% This was a missed code
change/recommendation from
the Highway 3 Overlay Plan
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CODE UPDATES (DISCUSSION ONLY)
10-5-11
B-1 Highway Business
District - Uses
Mixed use buildings are not permitted in the B-1 district Add mixed use buildings as a permitted use in the B-1
district
This is a popular redevelopment
use that could help enhance the
Highway 3 corridor
10-6-4
Off-Street Parking –
Recreational Vehicles
(F) Recreational Vehicle Parking: Recreational vehicles parked
on residential property shall be registered to the owner or
lessee of the property and display a current license and may be
parked or stored on the lot as follows:
1. In the front yard, provided they are kept on a hard
surfaced driveway. Recreational vehicles may not be parked in
front of the principal building on a residential lot. Recreational
vehicles may not be parked or stored on public property.
Recreational vehicles parked on street right of way must
comply with section 9-1-9 of this code.
2. In the side or rear yard, recreational vehicles shall be
parked or stored on asphalt, concrete, or decorative landscape
rock.
(a) All hard surfaced parking areas in the side or rear
yard shall maintain a five foot (5') setback from the side or rear
lot lines.
(b) All decorative landscape rock parking areas may be
located in the side or rear yards abutting the property line. The
decorative rock parking areas shall be installed to a depth of
four inches (4") and lined with a commercial grade weed
preventative mesh under the rock to impede the growth of
weeds. No class V(5) rock or gravel is allowed. Edging shall be
installed to prevent the rock from spreading from the
designated parking area. The designated parking area may not
impede the drainage within the side or rear yard utility
easements or inhibit access to the easements.
(F) Recreational Vehicle Parking: Recreational vehicles parked
on residential property shall be registered to the owner or
lessee of the property and display a current license and may be
parked or stored on the lot as follows:
1. In the front yard, provided they are kept on a hard
surfaced driveway. Recreational vehicles may not be parked in
front of the principal building on a residential lot. Recreational
vehicles may not be parked or stored on public property.
Recreational vehicles parked on street right of way must comply
with section 9-1-9 of this code.
2. In the side or rear yard, recreational vehicles shall be
parked or stored on asphalt, concrete, or decorative landscape
rock.
(a) All hard surfaced parking areas in the side or rear yard
shall maintain a five foot (5') setback from the side or rear lot
lines.
(b) All decorative landscape rock parking areas may be
located in the side or rear yards abutting the property line. The
decorative rock parking areas shall be installed to a depth of
four inches (4") and lined with a commercial grade weed
preventative mesh under the rock to impede the growth of
weeds. No class V(5) rock or gravel is allowed. Edging shall be
installed to prevent the rock from spreading from the
designated parking area. The designated parking area may not
impede the drainage within the side or rear yard utility
easements or inhibit access to the easements.
3. The above section shall also apply to utility trailer parking.
There has been confusion if utility
trailers count as recreational
vehicles when it comes to parking
them in grass. Explicitly adding
the term in code will help clarify
this code enforcement issue.
10-2-1
Zoning Definitions
There is no definition for utility trailers. UTILITY TRAILER: A trailer, enclosed or unenclosed, used
to transport personal property, materials, or equipment.
The definition should be added
due to the above change
10-6-12 (F)
Fences – Site Plan
(F) Site Plan; Building Permit: A site plan or legal survey
with the location of the proposed fence shall be
submitted to the building inspection division for
approval for all fences over four feet (4') in height. An
application for a building permit is required for all fences
exceeding six feet (6') in height.
(F) Site Plan; Building Permit: A fence verification form
that includes a site plan or legal survey with the location
of the proposed fence shall be submitted to the building
inspection division Planning department for approval for
all fences over four feet (4') in height. An application for a
building permit is required for all fences exceeding six
feet (6') in height.
There is currently no formal
process for residents to submit
the required site plan or legal
survey for a fence. Requiring a
simple verification form allows
the Planning department to
confirm if a fence meets code
requirements without requiring a
building permit.
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CODE UPDATES (DISCUSSION ONLY)
10-6-12 (G)
Fences - Materials
(G) Materials: Fences in all districts, except agricultural,
shall be constructed of materials widely accepted in the
fencing industry. No plywood boards, canvas, plastic
sheeting, metal sheeting or similar material shall be used
for any fence construction.
(G) Materials: Fences in all districts, except agricultural,
shall be constructed of materials widely accepted in the
fencing industry. No plywood boards, canvas, plastic
sheeting, metal sheeting or similar material shall be used
for any fence construction. Electric fences are prohibited
on residential lots.
This was a recent code
enforcement issue. Electric
fences in residential areas can be
considered public nuisances.
4-5
Building Regulations -
Architectural Design
and Materials
(see separate
document for code)
This section of code relates to general property
maintenance and appearance. Including number of
accessory buildings and exterior building material and is
enforced by the Building Official.
Remove this section and put in the zoning code. These regulations are typically
zoning code standards and are
enforced by the zoning
administrator rather than
building inspections.
4-5-5 (B)
Dwelling Unit
Restrictions
1. No garage, tent, accessory building or motor home
shall at any time be used as living quarters, either
temporarily or permanently.
1. No garage, tent, accessory building or motor home
recreational vehicle shall at any time be used as living
quarters, either temporarily or permanently. with the
exception of accessory apartments.
We allow manufactured homes
and accessory apartments (type
of accessory building) in certain
zoning districts.
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City of Farmington - Zoning Use Table
Ag.Parks
Uses: A-1 R-1 R-2 R-3 R-4 R-D B-1 B-2 B-3 SSMU MUCI MUCR I P/OS
Accessory Apartment A A A
Accessory Structures A A A A A A
Agriculture P P P
Agriculture Services C
Animal Clinics P P P C
Auction Houses C
Auto Repair, Major C C
Auto Repair, Major (Interior of Principal Building Only)C
Auto Repair, Minor C P C
Auto Sales P
Bed & Breakfast C C C C
Breweries P P P
Breweries, Small P P P
Taprooms as Accessory to Breweries or Small Breweries A C C
Brewpubs C C C C C
Bus Terminal C
Car Washes C C
Cemeteries C C C
Child Daycare Center, Commerical C C C P P C C
Clinics C C C P P P C
Clubs C C P P
Coffee Shops P P P
Commerical Recreation, Indoor P P C
Commerical Recreation, Outdoor C
Commerical Recreational Uses C P P C
Commerical Services P P P P
Community Solar Gardens C
Convenience Store, With Gas C C C C C C
Convenience Store, Without Gas P P
Data Center P P P P P
Daycare Facilities, In-Home A A A A A A
Dental Laboratories C C C
Distilleries P P P
Dwelling, Apartment P C C
Dwelling, Apartment/Commerical C
Dwelling, Multiple-Family C C
Dwelling, Single-Unit P P P P
Dwelling, Townhouse P P C
Dwelling, Twin Home P P P
Dwelling, Two-Unit (Duplex)P P P
Dwelling, Three/Four Unit (Triplex, Quadplex)P
Equipment Maintenance and Storage Facilities C
Feedlots C
Food Processing Facilities C
Funeral Homes C C C C C
Greenhouse & Nurseries, Commerical P C
Grocery Stores C C C C
Group Daycare, 12 or Fewer Persons P P P P P
Group Daycare, 13-16 Persons C C C
Residential Commerical/Industrial
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City of Farmington - Zoning Use Table
Ag.Parks
Uses: A-1 R-1 R-2 R-3 R-4 R-D B-1 B-2 B-3 SSMU MUCI MUCR I P/OS
Residential Commerical/Industrial
Group Daycare Centers, Commercial C C
Group Home, Commerical C C C
Group Home, 6 or Fewer Persons P P P P P
Group Home, 7-16 Persons C C
Golf Courses C C P
Health Clubs P P P C
Home And Trailer Sales/Display C
Home Occupations A A A A A A
Hospitals C C C
Hotel P C C C C
Impound Lot C
Kennels, Commercial C C C
Kennels, Residential Hobby A
Light Manufacturing Facilities P P
Limited Commerical Venture C C C C C
Manufactured Home P P P
Manufacturing Facilities C C
Mechanical Sales, Service and Repair P
Microdistilleries P P P
Cocktail Rooms As Accessory to A Microdistilleries A C C
Mini Storage Units C
Mineral Extraction C I I I
Mixed Use Building C C C
Motel P C C C
Neighborhood Services P P
Non-Commerical Nursery P
Non-Profit Recreational, Cultural, and Entertainment Uses P P
Offices C P P P P P P
Office Showroom P
Office Warehouse P
Outdoor Sales C C C
Parking Lots A A A A A A A P
Personal and Professional Services P P P
Personal and Professional Services, Less Than 3,000 SF P
Personal and Professional Services, Greater Than 3,000 SF C
Personal Health and Beauty Services P P P
Personal Health and Beauty Services, Less Than 3,000 SF P
Personal Health and Beauty Services, Greater Than 3,000 SF C
Petroleum Bulk Storage C
Places of Worship C C C C C C C C
Public and Parochial Schools C C C C C C
Public Buildings and Facilities C C C C C C C P P C P
Public Gardens P
Public Parks & Playgrounds P P P P P P P
Public Utility Buildings C C C C C C C C C C C C C P
Recreation Equipment Sales/Service/Repair P P
Recreational Vehicle Storage Facilities P C
Recycling Facilities C
Research Facilities P P
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City of Farmington - Zoning Use Table
Ag.Parks
Uses: A-1 R-1 R-2 R-3 R-4 R-D B-1 B-2 B-3 SSMU MUCI MUCR I P/OS
Residential Commerical/Industrial
Restaurants, Class I, Traditional P P P P P P
Restaurants, Class II, Fast Food Convenience C C C C C
Restaurants, Class III, With Liquor Service C C C C C
Restaurants, Class IV, Non-Intoxicating C C P
Retail Facilities P P
Retail Facilities, Greater than 3,000 SF P
Retail Sales And Service P P
Retail Sales And Service, Less Than 3,000 SF P
Retail Sales And Service, Greater Than 3,000 SF C
Seasonal Produce Stands P
Senior Care Facility C C C C
Sexual Oriented Business - Accessory A A P
Soil Pulverizing Operation I
Solar Energy Systems A A A A A A C C C
Specialized Animal Raising Facilities P
Stables and Riding Academies C
Supply Yards C P
Theaters C C C C C
Towers C
Truck Gardening P
Truck Terminals P C
Warehousing Facilities C P P
Warehouse Retail C
Wildlife Feeding Station C
Wholesale Businesses C P
P = Permitted
C = Conditional
A = Accessory
I = Interim
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CHAPTER 5
ARCHITECTURAL DESIGN AND MATERIALS
SECTION:
4-5-1: Elevations
4-5-2: Usable Materials
4-5-3: Alternate Materials
4-5-4: Pole Buildings
4-5-5: Residential Performance Standards
4-5-6: Zoning Codes
4-5-7: Appeals
4-5-1: ELEVATIONS:
(A) Building Permit: The application for a building permit, in addition to other information required, shall include exterior
elevations of the proposed structure which will adequately and accurately indicate the height, size, design and the
appearance of all elevations of the proposed building and description of the construction and materials proposed to be used
therein. (Ord. 093-319, 12-6-1993)
4-5-2: USABLE MATERIALS:
No building permits shall be issued for any structure for which a building permit is required which contains exterior facing
materials which rapidly deteriorate or which, for any reason, are or quickly become unsightly. The following are examples of
such materials: concrete masonry units (unless decorative block), common clay brick, sand lime brick, concrete brick,
unfinished structural clay tile, sheet metal (either corrugated or plain) and exposed unfinished concrete. Such materials,
however, may be used in a special arrangement or combination with other materials of a permanent nature with good
architectural design and appeal. The provisions of this section shall not apply to building permits issued for structures in
zoning districts A-1 or C-1. (Ord. 093-319, 12-6-1993)
4-5-3: ALTERNATE MATERIALS:
In the event an owner, intending to apply for a building permit, desires to use any of the materials included under section 4-
5-2 of this chapter as exterior finish materials, such owner may present to the building official a request for preliminary
approval for the use of such materials prior to the preparation of final drawings and application required by other sections of
this chapter. Such information may be necessary to indicate accurately the use to be made of such materials and the
appearance of the exterior of such structure when completed.
If such request for preliminary approval of materials is granted by the building official or the council, as the case may be, the
sketch and other information shall be properly marked for identification by the building official and be filed in his office and
such data shall become a part of the building permit application when filed. (Ord. 093-319, 12-6-1993)
4-5-4: POLE BUILDINGS:
A pole building shall be permitted in zoning districts A-1 or C-1 and only in any other district upon approval by the city
council. Said council shall exercise its discretion in determining whether or not a building of such type will be compatible with
the surrounding area. Such structures may be authorized by the council for use as warehouse, heavy equipment storage, or
other uses which would tend to be compatible with that type of structure and in a location where it would not be offensive to
other property owners or persons within the city. (Ord. 093-319, 12-6-1993)
4-5-5: RESIDENTIAL PERFORMANCE STANDARDS:
(A) International Residential Building Code: All residential units shall meet applicable requirements of the one- and two-
family dwelling code, 2012 edition, which has been adopted by reference by the city. (Ord. 015-689, 3-2-2015)
(B) Dwelling Unit Restrictions:
1. No garage, tent, accessory building or motor home shall at any time be used as living quarters, either temporarily or
permanently.
2. Basements and cellars may be used as living quarters or rooms as a portion of the principal residential dwelling.
Energy conserving designs such as earth sheltered housing shall be exempt from this provision.
3. Tents, playhouses or similar structures may be used for play or recreational purposes such as children camping out
overnight.
4. The minimum dimension of any part of the basic dwelling shall be twenty two feet (22'). This shall not be construed to
prohibit smaller individual room additions or to restrict architectural design flexibility or integrity. (Ord. 013-665, 10-21-2013)
5. All dwelling units shall be designed for placement on permanent foundations complying with the international building
code 1 . (Ord. 013-665, 10-21-2013; amd. Ord. 015-689, 3-2-2015)
(C) Accessory Buildings:Page 16 of 19
1. The maximum number of accessory buildings that shall be permitted on each residential lot is as follows:
(a) One Acre Or Less: Two (2) accessory buildings.
(b) Greater Than One Acre But Less Than Two Acres: Three (3) accessory buildings.
(c) Greater Than Two Acres But Less Than Three Acres: Four (4) accessory buildings.
(d) Accessory Buildings: All accessory buildings shall comply with lot coverage and size limitation requirements
under the city zoning ordinance 2 .
2. The same or similar quality exterior building material shall be used in the accessory and principal building. All
accessory buildings shall also be compatible with the principal building to the extent that the exterior appearance of the
accessory building is not at variance with the principal building from an aesthetic and architectural standpoint.
3. Accessory buildings exceeding two hundred forty (240) square feet in floor area shall be designed for placement on a
floating slab or permanent foundation complying with the international residential code.
4. The height of an accessory building shall be measured from the mean ground level to the uppermost point of the
roof. Except as expressly permitted by a conditional use permit, accessory buildings shall be limited to twenty feet (20') in
height. (Ord. 015-696, 3-16-2015)
(D) Property Maintenance: The purpose of this subsection is to ensure that the exterior appearance of residential
structures are maintained in an acceptable manner and do not become a chronic nuisance, life safety issue or substantially
diminish property values.
1. General Requirements:
(a) Scope: The provisions of this section shall govern the minimum conditions and the responsibilities of persons
for the exterior maintenance of structures.
(b) Responsibility: The owner of the premises shall maintain the structures in a safe condition that is in compliance
with the requirements of this section.
2. Exterior Building Structure:
(a) General: The exterior of a building structure shall be maintained in good repair, structurally sound and sanitary
so as not to pose a threat to the public health, safety or welfare.
(b) Structure: The foundation, exterior walls, exterior roof, and all appurtenances thereto shall be kept in sound
condition and repair. The foundation must adequately support the building at all points. Exterior walls shall be maintained
and kept free from decay, dilapidation by cracks, tears or breaks from deteriorated plaster, stucco, brick, wood, vinyl,
aluminum and steel siding, or other material that is extensive and shows evidence of neglect. The protective surface on
exterior walls of a building above ground level must be maintained and in good repair so as to provide a sufficient covering
and protection of the structural surface underneath against its deterioration. Without limiting the generality of this subsection,
a protective surface of a building shall also be deemed to be out of repair if:
(1) The protective surface is paint which is blistered or peeled to an extent of more than twenty five percent
(25%) of the area of any place or wall or other area including windows, trims, cornices, railings, and other such areas;
(2) More than twenty five percent (25%) of a wall that is protected by vinyl siding, aluminum siding, steel siding or
other comparable protective coverings that reveals any part of the underlying structure;
(3) More than twenty five percent (25%) of the pointing of any chimney or the pointing of any brick or stone wall
is loose or has fallen out; or
(4) More than twenty five percent (25%) of the finish coat of a stucco wall is worn through, chipped away, broken,
or damaged, revealing the metal lathe or any part of the underlying structure;
(5) More than twenty five percent (25%) of the exterior roof is missing shingles or other protective coverings.
(c) Completion Of Exterior Building Structure Projects: All exterior building structure projects requiring a building
permit (including, but not limited to, siding) must be completed and pass inspection by the city's building official within six (6)
months of building permit issuance.
3. Duties And Powers Of The Building Official Or Designee:
(a) General: The building official or designee shall enforce the provisions of this section.
(b) Right Of Entry: The building official or designee is authorized to enter the premises or structure at reasonable
times to inspect subject to constitutional restrictions on unreasonable search and seizures. If entry is refused or not
obtained, the building official or designee is authorized to pursue recourse as provided by law.
(c) Identification: The building official or designee shall carry proper identification when inspecting structures in the
performance of duties under this section.
(d) Notices And Orders: The building official or designee shall issue all necessary notices or orders to ensure
compliance with this section.Page 17 of 19
(e) Modifications: Whenever there are practical difficulties involved in carrying out the provisions of this section, the
building official or designee shall have the authority to grant modifications for individual cases. The building official or
designee shall first find that strict compliance with this section imposes an undue hardship on the owner, and that the
modification does not lessen the health, aesthetic, life and fire safety requirements. Modifications shall only relate to an
extension of time to remedy the violation; no modification from specific code requirements shall be granted.
4. Notice And Orders:
(a) Notice To Owner Or To Person Or Persons Responsible: Whenever the building official or designee determines
that there has been a violation of this section or has grounds to believe that a violation has occurred, notice shall be given to
the owner or the person or persons responsible therefor in the manner prescribed in subsections (D)4(b) and (D)4(c) of this
section.
(b) Form: Such notice prescribed in subsection (D)4(a) of this section shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the violation or violations and why the notice is being issued; and
(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring
the structure into compliance with the provisions of this section.
(c) Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally; or
(2) Sent by certified or first class mail addressed to the owner at the last known address; or
(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous place in or about the structure affected by such notice.
(d) Transfer Of Ownership: It shall be unlawful for the owner of any structure who has received a compliance order
or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another unit
until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the
building official or designee and shall furnish to the building official or designee a signed and notarized statement from the
grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully
accepting the responsibility without condition for making the corrections or repairs required by such compliance order or
notice of violation.
5. Violation:
(a) Violation Unlawful: It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any
of the provisions of this section.
(b) Notice Of Violation: The building official or designee shall serve a notice of violation or order in accordance with
subsection (D)4 of this section or as required by state statute.
(c) Prosecution Of Violation: If the notice of violation is not complied with, the building official or designee shall
institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation of the provisions of this
section or of the order or direction made pursuant thereto.
(d) Violation Penalties: Any person who shall violate a provision of this section, or fail to comply therewith, or with
any of the requirements thereof is guilty of a misdemeanor. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
(e) Abatement Of Violation: The imposition of the penalties herein prescribed shall not preclude the city attorney
from instituting appropriate action to restrain, correct or abate a violation. (Ord. 013-665, 10-21-2013)
Notes
1 1. See chapter 1 of this title.
2 2. See title 10 of this code.
4-5-6: ZONING CODES:
This chapter shall be deemed supplementary to the zoning code and the building code of the city and shall be enforced in
harmony and in conjunction with each. (Ord. 093-319, 12-6-1993)
4-5-7: APPEALS:
Any person aggrieved by a decision of the building official regarding the use of certain materials, questions of architectural
design or property maintenance as outlined in this chapter shall be entitled to appeal the building official's decision to thePage 18 of 19
zoning officer and, if still aggrieved, he may appeal to the board of adjustment as outlined in section 10-3-4 of this code.
(Ord. 013-665, 10-21-2013)
FA192 04-06.TXT
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