(A)   Lots which abut on more than one street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots since side yard setbacks apply.

   (B)   All structures, whether attached to the principal structure or not, and whether open or closed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard.

   (C)   Any lot of record existing on the effective date (original adoption date) hereof may be used for the erection of a structure conforming to use regulations of the district in which it is located, even though its area and width are less than the minimum requirements of this title.

   (D)   In new residential subdivisions, all structures may be arranged to include one zero lot line; provided, that no windows or doors open on this side of the structure. In such lot arrangements, the total side yard requirement may be placed on one side of the principal structure. Maintenance easements must be provided as part of the subdivided plat to afford access to the sides and roof of structures so placed.

   (E)   Rear and side yard lot lines abutting a railroad right of way are exempt from rear and side yard setbacks in all districts.

   (F)   If underground parking is included as part of townhouse and apartment developments, a credit of three hundred (300) square feet per unit will be added for the units provided with basement garages.

   (G)   Single- and two-family dwellings shall be erected over a basement and include a single car garage of at least three hundred (300) square feet. If a basement is either not possible or not desired, the construction shall include a double car garage of at least four hundred forty (440) square feet.

   (H)   Except in the case of a planned unit development, not more than one principal building or structure shall be located on a platted lot or parcel of land.

   (I)   Conditions under which solar energy systems will be approved include findings that:

      1.   The proposed energy system complies with the definition listed in section 10-2-1 of this title.

      2.   The proposed collector will be unshaded by structures and vegetation between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. on December 21.

      3.   Solar sky space needs will not adversely restrict the reasonable economic use of neighboring property to the south.

   (J)   A vehicular access plan shall be required which links every site with an improved public street or alley before any building permit is issued.

   (K)   The lot coverage of structures within development projects which include common open space controlled by a neighborhood association shall be calculated using each unit's share of that common open space. (Ord. 002-469, 2-19-2002)

   (L)   The minimum front yard setback for all districts adjacent to minor arterial streets included in the thoroughfare plan of the Farmington comprehensive plan, except for those located in section 31, range 19, township 114, Dakota County, Minnesota, shall be fifty feet (50') from the planned right of way line. (Ord. 003-495, 7-7-2003)

   (A)   Purpose: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, uses, and lots, and to specify those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. It is necessary and consistent with the establishment of this chapter that nonconforming buildings, structures, uses, and lots not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity.

   (B)   General Provisions:

      1.   Subdivision: No parcel of land or portion thereof shall be subdivided if such action results in buildings, structures, lots or uses becoming nonconforming.

      2.   Floodplains: Nonconformities in floodplains and shore land areas shall comply with requirements listed in chapters 5 and 6 of this title, respectively.

      3.   Continuance Of Legal Nonconformity: Any legal nonconformity, including the lawful use or occupation of land or premises existing at the time of adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance or improvement but may not be expanded except as permitted by the board of adjustment in accordance with the provisions of this title, unless:

            (a)    Any nonconforming structure or use damaged by fire, flood, explosion or other casualty to an extent exceeding fifty percent (50%) of its fair market value as indicated by the records of the county assessor, and no building permit has been applied for within one hundred eighty (180) days of when the property was damaged. In this case, the city may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property.

            (b)    In the event that any nonconforming use, conducted in a structure or otherwise, ceases, for whatever reason, for a period of one year or is abandoned for any period, such nonconforming use shall not be resumed.

      4.   Lawful Nonconformities: Expansions of lawful nonconformities may be permitted by the board of adjustment provided a variance is approved in accordance with section 10-3-6 of this title.

      5.   Setbacks: The minimum required setback of a principal structure or a structure accessory to a principal structure that has a legally nonconforming setback shall be either the existing setback or the setback as otherwise specified in this chapter, whichever is less.

      6.   Change From Conforming To Nonconforming: When a legal nonconforming use of any structure or parcel of land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use.

      7.   Change To Reduce Nonconformity: A legal nonconforming use of a structure or parcel of land may be changed to reduce the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. (Ord. 011-642, 12-19-2011)

   (A)   Land areas which may be added to the city by annexation, merger or other means shall be classified A-1 agriculture until such time that the city council may rezone the added territory to more appropriate classifications. (Ord. 002-469, 2-19-2002)

   (A)   A use not specifically designated as a permitted or conditional use anywhere in the city is considered prohibited. In such a case, the council, commission or property owner may request a study by the city to determine if the use is acceptable and, if so, what zoning district would be most appropriate for the use and what conditions and standards, if any, should be attached to the development of the use. If found acceptable, an amendment to the zoning title may be initiated permitting the use as outlined in chapter 3 of this title. (Ord. 002-469, 2-19-2002)

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.

(Ord. 002-469, 2-19-2002; amd. Ord. 2024-02, 1-16-2024)

This zoning ordinance adopts by reference, the provisions of title 2, chapter 11 of this code as they may relate to this title. (Ord. 002-469, 2-19-2002)

Pursuant to authority granted by Minnesota statutes section 462.3593, subdivision 9, the city of Farmington opts out of the requirements of Minnesota statutes section 462.3593. (Ord. 016-715, 9-6-2016)

FA192   10-5.txt