A map entitled zoning map, city of Farmington, is hereby adopted as part of this title. All notations, references and data shown thereon are hereby incorporated by reference into this title. It remains on file at the office of the zoning officer. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It shall be the duty of the city planner to maintain said map, and all amendments thereto shall be recorded within ninety (90) days of official publication. Explanatory material for the zoning map includes the "Flood Insurance Study For Dakota County, Minnesota And Incorporated Areas" prepared by the federal emergency management agency dated December 2, 2011, and the flood insurance rate map panels therein as adopted by reference in subsection 10-5-20(D)1 of this chapter. This material is hereby adopted by reference, declared to be a part of this title and on file and available for inspection at the office of the zoning officer. (Ord. 011-640, 11-7-2011; amd. Ord. 021-762, 8-16-2021)

The city is divided into the following base and overlay districts shown by the district boundaries on the zoning map. The base districts are:

 

The overlay districts are:

 

 

(Ord. 002-469, 2-19-2002; amd. Ord. 002-472, 5-6-2002; Ord. 003-498, 9-15-2003; Ord. 005-526, 3-21-2005; Ord. 009-613, 10-19-2009; Ord. 009-614, 10-19-2009; Ord. 021-761, 8-16-2021)

District boundaries shown within the lines of the roads, streams and transportation rights of way shall be deemed to follow the centerlines. The vacation of roads shall not affect the location of such district boundaries. When the zoning officer cannot definitely determine the location of a district boundary by such centerlines, by the scale or dimensions stated on the zoning map or by the fact that it clearly coincides with a property line, he shall refuse action and the Board of Adjustment, upon appeal, shall interpret the location of the district boundary with reference to the scale of the zoning map and the purposes set forth in all relevant provisions of this title.

Where a district boundary line divides a lot of record into two (2) or more districts, any portion of the lot within fifty feet (50') of such division may be used for any use of either district as approved by the Board of Adjustment. (Ord. 002-469, 2-19-2002)

Except for planned unit developments, all buildings and uses in each district shall be subject to the requirements listed under chapters 3 through 6 of this title. Planned unit development standards may be applied to any residential district at the request of the landowner and at the discretion of the City Council. Where planned unit development standards differ from the original district standards, the planned unit development standards shall apply. (Ord. 002-469, 2-19-2002)

   (A)   Purpose: The A-1 Agriculture District is intended to preserve the City's agricultural uses in order to protect farms, to maintain the City's small town character and to create an urban reserve for such time when there is a need for additional urban development and public utilities may be extended.

   (B)   Bulk And Density Standards:

      1.   Minimum Standards:

 

 

All standards are minimum requirements unless noted.

      2.   Accessory Structure Standards:

 

 

All standards are minimum requirements unless noted.

      3.   Additional Accessory Use Standards:

         (a)   Feedlots, fenced runs, pens and similar intensively used facilities for animal raising and care shall not be located within three hundred feet (300') of a neighboring property.

         (b)   Roadside stands used exclusively for the sale of locally grown agricultural products shall be permitted if:

            (1)   They are erected at least fifty feet (50') from the nearest edge of roadway surface.

            (2)   Parking space is provided off the road right-of-way.

   (C)   Uses:

      1.   Permitted:

      Agriculture.

      Single-unit detached dwelling.

      Greenhouses and nurseries, commercial.

      Public parks and playgrounds.

      Recreational vehicle storage facilities.

      Seasonal produce stands.

      Specialized animal raising facilities.

      Truck gardening.

      2.   Conditional:

      Agricultural services.

      Cannabis cultivation, indoor.

      Cannabis cultivation, outdoor.

      Cemeteries.

      Commercial recreational uses.

      Community solar gardens.

      Equipment maintenance and storage facilities.

      Feedlots.

      Golf courses.

      Mineral extraction.

      Places of worship.

      Public and parochial schools.

      Public buildings and facilities.

      Public utility buildings.

      Stables and riding academies.

      Towers.

      3.   Accessory:

      Accessory apartment.

      Accessory structures.

      Daycare facilities, in home.

      Home occupations.

      Kennels, residential hobby.

      Solar energy systems.

      4.   Interim:

      Soil pulverizing operation.

(Ord. 002-469, 2-19-2002; amd. Ord. 018-737, 3-19-2018; Ord. 021-761, 8-16-2021; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The R-1 Low Density Residential District provides for low density residential development with single-unit detached dwellings on larger lots.

   (B)   Bulk And Density Standards:

      1.   Standards:

 

All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009)

      2.   Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements:

 

All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015)

      3.   Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line.

   (C)   Uses:

      1.   Permitted:

      Agriculture.

      Single-unit detached dwelling.

      Group daycare, twelve (12) or fewer persons.

      Group home, six (6) or fewer persons.

      Manufactured home.

      Public parks and playgrounds. (Ord. 002-469, 2-19-2002)

      2.   Conditional:

      Bed and breakfast.

      Cemeteries.

      Golf courses.

      Limited commercial venture.

      Places of worship.

      Public and parochial schools.

      Public buildings.

      Public utility buildings. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord. 014-669, 9-2-2014)

      3.   Accessory:

      Accessory structures.

      Daycare facilities, in home.

      Home occupations.

      Solar energy systems. (Ord. 002-469, 2-19-2002; amd. Ord. 021-761, 8-16-2021)

   (A)   Purpose: The R-2 Low/Medium Density Residential District provides for a mix of low and medium density residential development including single-unit and two-unit dwellings on smaller lots.

   (B)   Bulk And Density Standards:

      1.   Standards:

 

*Corner lots shall have a minimum lot width of the standard listed plus the front yard setback

All standards are minimum requirements unless noted.

      2.   Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements:

 

All standards are minimum requirements unless noted.

      3.   Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line.

   (C)   Uses:

      1.   Permitted:

      Single-unit detached dwelling.

      Twin home dwelling.

      Two-unit dwelling.

      Group daycare, twelve (12) or fewer persons.

      Group home, six (6) or fewer persons.

      Manufactured home.

      Public parks and playgrounds.

      2.   Conditional:

      Bed and breakfast.

      Cemeteries.

      Clinics.

      Funeral homes.

      Hospitals.

      Limited commercial venture.

      Places of worship.

      Public and parochial schools.

      Public buildings.

      Public utility buildings.

      Senior care facilities.

      3.   Accessory:

      Accessory apartment.

      Accessory structures.

      Daycare facilities, in home.

      Home occupations.

      Solar energy systems.

(Ord. 012-650, 10-15-2012; amd. Ord. 014-669, 9-2-2014; Ord. 015-693a, 4-20-2015; Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024)

   (A)   Purpose: The R-3 Medium Density Residential District provides for medium density residential development with attached housing types in areas with convenient access to jobs, services, public facilities and transit.

   (B)   Bulk And Density Standards:

      1.   Standards:

 

*Corner lots shall have a minimum lot width of the standard listed plus the front yard setback

All standards are minimum requirements unless noted.

      2.   Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements:

 

All standards are minimum requirements unless noted.

      3.   Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line.

   (C)   Uses:

      1.   Permitted:

      Twin home dwellings.

      Two-unit dwellings.

      Three- to four-unit dwellings.

      Townhouse dwellings.

      Group daycare, twelve (12) or less persons.

      Group home, six (6) or less persons.

      Public parks and playgrounds.

      2.   Conditional:

      Group daycare, thirteen (13) to sixteen (16) persons.

      Group home, seven (7) to sixteen (16) persons.

      Limited commercial venture.

      Places of worship.

      Public and parochial schools.

      Public buildings.

      Public utility buildings.

      Senior care facility.

      3.   Accessory:

      Accessory structures.

      Daycare facilities, in home.

      Home occupations.

      Solar energy systems.

(Ord. 012-651, 10-15-2012; amd. Ord. 014-669, 9-2-2014; Ord. 015-693a, 4-20-2015; Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024)

   (A)   Purpose: The R-4 High Density Residential District provides for high density residential development with attached and multiple-unit housing types in areas with convenient access to jobs, services, public facilities and transit.

   (B)   Bulk And Density Standards:

      1.   Standards:

 

All standards are minimum requirements unless noted.

      2.   Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements:

 

All standards are minimum requirements unless noted.

      3.   Minor Arterial Setbacks: The minimum front yard setback for all land adjacent to minor arterial streets shall be fifty feet (50') from the planned right of way line.

   (C)   Uses:

      1.   Permitted:

      Townhouse dwellings.

      Apartment dwellings.

      Group daycare, twelve (12) or less persons.

      Group home, six (6) or less persons.

      Public parks and playgrounds.

      2.   Conditional:

      Child daycare center, commercial.

      Clinics.

      Clubs.

      Funeral homes.

      Group daycare, thirteen (13) to sixteen (16) persons.

      Group home, seven (7) to sixteen (16) persons.

      Hospitals.

      Limited commercial venture.

      Places of worship.

      Public and parochial schools.

      Public buildings.

      Public utility buildings.

      Senior care facility.

      3.   Accessory:

      Accessory apartment.

      Accessory structures.

      Daycare facilities, in home.

      Home occupations.

      Solar energy systems.

(Ord. 002-469, 2-19-2002; amd. Ord. 003-484, 1-21-2003; Ord. 009-610, 10-19-2009; Ord. 014-669, 9-2-2014; Ord. 015-693a, 4-20-2015; Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024)

   (A)   Purpose: The R-D Downtown Residential District recognizes the development patterns of the original residential areas of Farmington adjacent to the downtown. The R-D district is intended to accommodate existing single-unit, two-unit and multi-unit residential development and promote infill development and redevelopment with a mix of housing types in order to strengthen the downtown, create pedestrian friendly neighborhoods, and decrease the need for automobile use through mixed uses.

   (B)   Bulk And Density Standards:

      1.   Standards:

 

All standards are minimum requirements unless noted. (Ord. 009-610, 10-19-2009)

      2.   Accessory Structure Standards: Accessory structures must be located behind principal structure in the side or rear yard according to the following requirements:

 

All standards are minimum requirements unless noted. (Ord. 015-693a, 4-20-2015)

   (C)   Uses:

      1.   Permitted:

      Single-unit detached dwellings.

      Twin home dwellings.

      Two-unit dwellings.

      Group daycare, twelve (12) or less persons.

      Group home, six (6) or less persons.

      Manufactured home.

      Public parks and playgrounds. (Ord. 002-469, 2-19-2002)

      2.   Conditional:

      Bed and breakfast.

      Clinics.

      Clubs.

      Townhouse dwellings.

      Apartment dwellings.

      Funeral homes.

      Group daycare, thirteen (13) to sixteen (16) persons.

      Limited commercial venture.

      Offices.

      Places of worship.

      Public buildings.

      Public utility buildings. (Ord. 002-469, 2-19-2002; amd. Ord. 002-483, 12-2-2002; Ord. 014-669, 9-2-2014)

      3.   Accessory:

      Accessory structures.

      Daycare facilities, in home.

      Home occupations.

      Solar energy systems. (Ord. 002-469, 2-19-2002; amd. Ord. 021- 761, 8-16-2021)

   (A)   Purpose: The B-1 Highway Business District is intended to provide nodes of commercial uses along major roadways that are both pedestrian accessible from adjoining neighborhoods and automobile accessible for short trips and through traffic.

   (B)   Bulk And Density Standards:

      1.   Minimum Standards:

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Animal clinics.

      Clinics.

      Clubs.

      Coffee shops.

      Commercial services.

      Commercial recreational uses.

      Convenience store, without gas.

      Data centers.

      Health clubs.

      Hotels.

      Mixed use building.

      Motels.

      Offices.

      Personal and professional services.

      Personal health and beauty services.

      Recreation equipment sales/service/repair.

      Restaurants, Class I, traditional.

      Retail facilities.

      Retail sales and services.

      2.   Conditional:

      Auction houses.

      Brewpubs.

      Cannabis retail.

      Car washes.

      Child daycare center, commercial.

      Convenience store, with gas.

      Dental laboratories.

      Grocery stores.

      Group daycare centers, commercial.

      Hospitals.

      Kennels, commercial.

      Lower potency hemp edible retail.

      Outdoor sales.

      Public buildings.

      Public utility buildings.

      Restaurants, Class II, fast food, convenience.

      Restaurants, Class III, with liquor service.

      Restaurants, Class IV, nonintoxicating.

      Senior care facility.

      Solar energy systems.

      Supply yards.

      Theaters.

      Wholesale businesses.

      3.   Accessory:

      Parking lots.

      Sexual oriented businesses - accessory.

(Ord. 015-706, 10-19-2015; amd. Ord. 018-737, 3-19-2018; Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The B-2 Downtown Business District identifies a variety of general commercial and higher density residential uses for the downtown area in order to expand and strengthen the downtown as the primary commercial district for the city, create a pedestrian friendly downtown, and promote the city as a cultural center. Objectives of this district are to preserve historical buildings, require high design standards, and provide a diverse mix of community oriented commercial and cultural activities that are pedestrian oriented and accessible to area residents.

   (B)   Bulk And Density Standards:

      1.   Minimum Standards:

 

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Animal clinics.

      Breweries.

      Clinics.

      Clubs.

      Coffee shops.

      Commercial recreational uses.

      Commercial services.

      Distilleries.

      Microdistilleries.

      Neighborhood services.

      Nonprofit recreational, cultural and entertainment uses.

      Offices.

      Personal and professional services.

      Personal health and beauty services.

      Public buildings.

      Recreation equipment sales/service/repair.

      Restaurants, class I, traditional.

      Retail sales sand services.

      Small breweries.

      2.   Conditional:

      Apartment dwellings.

      Apartment/commercial dwellings.

      Auto repair, major.

      Auto repair, minor.

      Bed and breakfast.

      Brewpubs.

      Cannabis retail.

      Child daycare center, commercial.

      Convenience store, with gas.

      Dental laboratories.

      Funeral homes.

      Grocery stores.

      Hotels.

      Lower potency hemp edible retail.

      Mixed use building.

      Motels.

      Outdoor sales.

      Places of worship.

      Public and parochial schools.

      Public utility buildings.

      Restaurants, Class II, fast food, convenience.

      Restaurants, Class III, with liquor service.

      Restaurants, Class IV, nonintoxicating.

      Solar energy systems.

      Theaters.

      3.   Accessory:

      Parking lots.

      Cocktail rooms as accessory to a microdistillery.

      Sexually oriented businesses - accessory.

      Taprooms as accessory to a brewery or small brewery.

(Ord. 017-724, 4-17-2017; amd. Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The B-3 General Business District accommodates existing areas with commercial and industrial businesses that incorporate site design measures to ensure their compatibility with adjacent properties.

   (B)   Bulk And Density Standards:

      1.   Minimum Standards:

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Animal clinics.

      Auto repair, minor.

      Auto sales.

      Breweries.

      Commercial services.

      Convenience store without gas.

      Data centers.

      Distilleries.

      Light manufacturing facilities.

      Mechanical sales, service and repair.

      Microdistilleries.

      Offices.

      Public buildings.

      Restaurants, Class I, traditional.

      Retail sales and services.

      Sexually oriented businesses - accessory.

      Small breweries.

      Supply yards.

      Truck terminals.

      Wholesale businesses.

      2.   Conditional:

      Auto repair, major.

      Cannabis retail.

      Car washes.

      Cocktail rooms as accessory to a microdistillery.

      Convenience store with gas.

      Greenhouses and nurseries, commercial.

      Group daycare center, commercial.

      Home and trailer sales/display.

      Impound lot.

      Kennels, commercial.

      Lower potency hemp edible retail.

      Manufacturing facilities.

      Mini-storage units.

      Outdoor sales.

      Petroleum bulk storage.

      Public utility buildings.

      Recreational vehicle storage facilities.

      Solar energy systems.

      Taprooms as accessory to a brewery or small brewery.

      Warehousing facilities.

      3.   Accessory:

      Parking lots.

(Ord. 017-725, 4-17-2017; amd. Ord. 018-737, 3-19-2018; Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The SSMU Spruce Street mixed use district is primarily designated for commercial retail sales and services. This district is not intended to compete with the businesses in the central business district; rather, it is intended to provide a location for those businesses that have space needs that cannot be accommodated in the downtown or would be a disruption to existing development patterns. Development in this district will provide design elements and building and site relationships that emulate traditional main street form to create a walkable pedestrian friendly environment with connections to surrounding areas. The relationship of the Spruce Street mixed use district to CSAH 50, future residential development, and the central business district will require a greater sensitivity to design with higher quality standards in order to develop a pleasant, attractive and aesthetically pleasing environment.

   (B)   Bulk And Density Standards:

 

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Child daycare center, commercial.

      Clinic.

      Commercial recreation, indoor.

      Commercial services.

      Data centers.

      Health clubs.

      Personal and professional services.

      Personal health and beauty.

      Restaurants, class I, traditional.

      Retail sales and services.

      2.   Conditional:

      Brewpubs.

      Cannabis retail.

      Commercial recreation, outdoor.

      Convenience stores, with gas.

      Dwelling, apartment.

      Grocery stores.

      Hotels and motels.

      Lower potency hemp edible retail.

      Major auto repair (confined to the interior of principal building).

      Minor auto repair.

      Mixed use buildings (shall include office, retail, or commercial uses on at least 1 floor and residential apartments or condominiums on upper floors).

      Public buildings.

      Public utility buildings.

      Restaurants, class II, fast food, convenience.

      Restaurants, class III, with liquor service.

      Theaters.

      3.   Accessory:

      Parking lots.

      4.   Interim:

      Mineral extraction.

(Ord. 015-712, 12-21-2015; amd. Ord. 021- 761, 8-16-2021; Ord. 2024-03, 2-20-2024; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The MUCI Mixed Use Commercial/Industrial District provides for the development of larger mixed business areas along major roadways, including services, offices, research laboratories, and light manufacturing uses without any exterior activities, as well as compatible commercial uses. This district is intended to be flexible to accommodate a mix of non-residential uses and development formats.

   (B)   Bulk And Density Standards:

 

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Child daycare facility, commercial.

      Commercial recreation, indoor.

      Data centers.

      Health clubs.

      Hotels.

      Offices.

      Research laboratories.

      Restaurants, class I, traditional.

      Retail sales and services.

      Warehousing facilities.

      2.   Conditional:

      Brewpubs.

      Cannabis retail.

      Convenience store, with gas.

      Dental laboratories.

      Grocery stores.

      Hotels and motels.

      Lower potency hemp edible retail.

      Motels.

      Public utility buildings.

      Restaurants, class II, fast food, convenience.

      Restaurants, class III, with liquor service.

      Theaters.

      3.   Accessory:

      Parking lots.

      4.   Interim:

      Mineral extraction.

(Ord. 015-712, 12-21-2015; amd. Ord. 021- 761, 8-16-2021; Ord. 2024-03, 2-20-2024; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The MUCR Mixed Use Commercial/Residential District is established to provide a flexible framework for the creation of high quality, comprehensively designed commercial neighborhood development with a multiple-family component. A variety of developments are encouraged, with developments designed to promote walking, bicycling and potential transit use.

   (B)   Bulk And Density Standards:

      1.   Standards:

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Coffee shops.

      Neighborhood services.

      Nonprofit recreational, cultural and entertainment uses.

      Offices.

      Personal and professional services, less than 3,000 square feet.

      Personal health and beauty services, less than 3,000 square feet.

      Restaurants, class I, traditional.

      Restaurants, Class IV, nonintoxicating.

      2.   Conditional:

      Animal clinics.

      Brewpubs.

      Child daycare facilities, commercial.

      Clinics.

      Commercial recreation, indoor.

      Convenience store, with gas.

      Dwelling, apartment.

      Funeral homes.

      Health clubs.

      Hotels.

      Mixed use building.

      Personal and professional services, greater than three thousand (3,000) square feet.

      Personal health and beauty services, greater than three thousand (3,000) square feet.

      Places of worship.

      Public utility buildings.

      Restaurants, Class II, fast food, convenience.

      Restaurants, Class III, with liquor service.

      Retail sales and services.

      Theaters.

      3.   Accessory:

      Parking lots.

(Ord. 015-712, 12-21-2015; amd. Ord. 021-761, 8-16-2021; Ord. 2024-03, 2-20-2024)

   (A)   Purpose: The I Industrial District provides areas for existing and future industrial uses and promotes high quality architectural, landscaping and site plan development standards in order to increase the City's tax base and employment opportunities. This district requires that exterior industrial activities and storage are limited and fully screened to minimize impacts on adjacent properties and public rights-of-way.

   (B)   Lot And Building Standards:

      1.   Principal Use Dimensional Standards:

 

All standards are minimum requirements unless noted.

      2.   Accessory Use Dimensional Standards:

         (a)   Outdoor storage areas shall not encroach into a required front yard setback or on a corner lot within the side yard setback area.

      3.   Building Design Standards:

         (a)   Applicability: All new construction, renovations or additions of existing industrial buildings. Exempt projects are those industrial buildings comprised of any of the following project types:

            (1)   Interior remodels;

            (2)   Buildings being entirely used as residential;

            (3)   Normal or routine maintenance and repair of existing structures;

            (4)   Any type of construction that does not require a building permit.

         (b)   Process: Building design standards will be administered through the site plan process in section 10-6-23 of this chapter.

         (c)   Exterior Walls: Exterior walls of buildings to be constructed shall consist of one or more of the following materials and shall receive prior approval of the city:

            (1)   Brick: Size, type, texture, color and placement shall be approved.

            (2)   Stone: Stone shall have a weathered face or shall be polished, fluted or broken face.

            (3)   Concrete Masonry Block: Concrete masonry block shall be those generally described as "customized architectural concrete masonry units" or shall be broken faced brick type units with marble aggregate. All concrete masonry units shall be coated or veneered and approved by the city. There shall be no exposed concrete block on the exterior of any building unless approved by the city.

            (4)   Concrete: Concrete may be poured in place, tilt-up or precast: and shall be finished in stone, brick, textured or coated, with a minimum life expectancy of ten (10) years.

         (d)   Alternate Materials: Alternate exterior surface materials of pre-engineered metal may be substituted in an amount not to exceed fifty percent (50%) of the exterior wall surface area of each building and the pre-engineered metal shall only be installed on the upper half portion of the building. Other conditions are as follows:

            (1)   Used for housing or screening equipment necessary to the manufacturing operations;

            (2)   Architecturally compatible with the building as a whole as determined by the city planning division;

            (3)   Compliance with any additional screening and/or landscaping requirements of the city; and

            (4)   Modifications are made with prior written approval of the city planning division.

         (e)   Alterations to Buildings: Any alterations to buildings shall meet all requirements of this chapter.

         (f)   Canopies: Canopies with visible wall hangers shall not be permitted. Design of canopies shall be in keeping with the design of the building and shall be approved by the city prior to construction or alteration.

         (g)   Loading Docks: The design of the loading docks shall be incorporated into the overall design theme of the building and constructed of materials equal to or the same as the principal building. The architectural design shall be continuous and uninterrupted by ladders, towers, fences, and equipment. Businesses that abut County Highway 50 and/or County Highway 31 shall not construct loading docks that front these roadways.

         (h)   Utilities: All buildings and structures shall be served by underground utility distribution facilities. The installation of such utilities shall not change the grade or contour of the city approved grading plan for the site.

   (C)   Uses:

      1.   Permitted:

      Breweries.

      Data centers.

      Distilleries.

      Light manufacturing facilities.

      Microdistilleries.

      Offices.

      Office showroom.

      Office warehouse.

      Research facilities.

      Small breweries.

      Warehousing facilities.

      2.   Conditional:

      Bus terminal.

      Cannabis cultivation, indoor.

      Cannabis or hemp manufacturing.

      Child daycare facilities, commercial.

      Cocktail rooms as accessory to a microdistillery.

      Commercial recreational uses.

      Food processing facilities.

      Kennels, commercial.

      Manufacturing facilities.

      Public utility buildings.

      Recycling facilities.

      Taprooms as accessory to a brewery or small brewery.

      Truck terminal.

      Warehouse retail.

      3.   Accessory:

      Parking lots.

      4.   Interim:

      Mineral extraction.

(Ord. 015-711, 12-21-2015; amd. Ord. 018-737, 3-19-2018; Ord. 021-761, 8-16-2021; Ord. 022-769, 9-19-2022; Ord. 2024-13, 12-16-2024)

   (A)   Purpose: The P/OS Parks and Open Space District provides recreational and leisure opportunities through publicly owned land and recognizes vital environmental resources including steep slopes, wetlands, and floodplains.

   (B)   Bulk And Density Standards:

 

 

All standards are minimum requirements unless noted.

   (C)   Uses:

      1.   Permitted:

      Agriculture.

      Golf courses.

      Noncommercial nursery.

      Parking lots.

      Public buildings.

      Public gardens.

      Public parks and playgrounds.

      Public utility buildings.

      2.   Conditional:

      Wildlife feeding station. (Ord. 002-472, 5-6-2002; amd. Ord. 003-498, 9-15-2003; Ord. 021-761, 8-16-2021)

   (A)   Intent And Purposes: The planned unit development (PUD) overlay district is intended to result in new development that benefits the city and its residents. The PUD overlay provides a development alternative that allows for greater flexibility and creativity in site and building design than would be possible under the strict application of a zoning district’s requirements. This overlay district adopts the underlying zoning district uses. In return for having greater flexibility in site and building design requirements, a PUD approved under this ordinance shall achieve one or more of the following purposes:

      1.   Greater utilization of new technologies in building design, construction, and land development.

      2.   Variety in the organization of site elements, lot sizes, housing types, and land uses.

      3.   Preservation and enhancement of environmental resources, including flora and fauna, scenic views, screening, access, and open space.

      4.   More efficient and effective use of land and public infrastructure to support higher quality development at a lesser cost.

      5.   Establishment of recreational, public, and open spaces which may be more useable, more suitability located, and higher quality than would be provided under development standards.

      6.   Increased environmental sustainability in the development of land, building construction, and building operations.

      7.   Higher level of integration of pedestrian and bicycle facilities to and within a PUD.

      8.   An increase in the supply of low-income and moderate-income housing.

   (B)   General Standards:

      1.   Minimum Land Area: The proposed planned unit development must be comprised of at least five (5) acres of contiguous land.

      2.   Sewer and Water Service: All PUDs shall have municipal sewer and water service available.

      3.   Under Unified Control: The tract of land shall be under unified control at the time of application and scheduled to be developed as one unit.

      4.   Permitted Uses: Allowed uses are only those permitted in the underlying zoning district in which the planned unit development is located; a PUD does not provide flexibility in allowed uses.

      5.   Density: The number of dwelling units proposed for a PUD shall not exceed the number of dwelling units permitted by the underlying zoning district in which the development is located.

      6.   Number of Buildings per Lot: More than one building may be placed on a single platted lot in a PUD.

      7.   Building Permit: No building permit shall be granted for a building on land for which a plan for a PUD has not been finally approved by the city council.

      8.   Staging Of Development:

         (a)   Any PUD plan proposed to be constructed in stages shall include full details relating thereto and the city council may approve or modify, where necessary, any such proposals.

         (b)   The staging shall include the timing for beginning and completion of each stage. Such timing may be modified by the city council on the showing of good cause by the developer.

      9.   Streets, Utilities, and Services. The uniqueness of each PUD proposal requires that specifications and standards for streets, utilities and services shall be subject to minor modifications from the specifications and standards established in this and other city ordinances governing their construction.

         (a)   The city council may therefore waive or modify the specifications or standards where it is found that they are not required in the interest of the residents of the entire city.

         (b)   The plans and profiles of all streets, utilities and services shall be reviewed, modified, if necessary, and approved by the city engineer.

   (C)   Approval Criteria:

      1.   Consistent With Comprehensive Plan: The development shall be planned so that it is consistent with the Farmington comprehensive plan.

      2.   Compatibility with Existing Development: The planned unit development proposal must harmonize with existing development in the area surrounding the project site. Architectural style of buildings shall not solely be a basis for denial or approval of a plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review stages of the planning commission and council.

      3.   Preservation of Natural Amenities: A primary function of the PUD overlay is to encourage development which will preserve and enhance the worthwhile, natural terrain characteristics and not force intense development to utilize all portions of a given site in order to arrive at the maximum density allowed. In evaluating each individual proposal, the recognition of the objective will be a basic consideration in granting approval or denial.

      4.   Open Space Uses: Land for private or public open space use protected by covenants running with the land or by conveyances or dedicated as the planning commission may specify shall be an integral part of the plan. Such open space areas shall conform to land area requirements of the subdivision ordinance, and shall not include land devoted to streets, parking and private yards.

   (D)   Procedure:

      1.   Pre-application Conference: Before submitting an application for a planned unit development, an applicant may confer with the planning staff to obtain information and guidance, before incurring substantial expense in the preparation of plans, surveys and other data. A checklist will be provided to the prospective applicant as an indication of the written and graphic materials required for PUD consideration.

      2.   Schematic Plan:

         (a)   Submittal: The applicant shall submit a Schematic Plan to planning staff prior to submitting a preliminary PUD application.

            (1)   Maps which are part of the schematic plan shall contain the following:

               A.   Location map showing location of the site within the city.

               B.   The existing topographic character of the land.

               C.   A composite of all natural amenities of the site and three hundred feet (300') adjacent to the site including steep slopes, drainageways, plus marshes, ponds, lakes and property lines.

               D.   The size of site and proposed land uses to be developed together with an identification of site land use and zoning.

               E.   The density of land use to be allocated to the several parts of the development together with height, bulk and approximate location of buildings and other structures.

               F.   The approximate location of thoroughfares.

               G.   The location of common open space including public schools, parks and playgrounds or private natural preserves.

               H.   Schematic utility plan.

            (2)   The written statement of the PUD’s purposes and intent shall include the following:

               A.   A statement of the ownership of all land involved in the planned unit development together with a summary of owner’s previous development experience.

               B.   An explanation of the general character of the planned unit development.

               C.   A statement describing how the planned unit development provides enhanced site design and explains the flexibility needed from underlying development standards.

               D.   A general indication of the expected time schedule of development.

               E.   A statement describing the ultimate ownership and maintenance of all parts of the development including streets, structures and open spaces.

               F.   A statement describing how all necessary governmental services will be provided to the developer.

               G.   The total anticipated population to occupy the planned unit development, with breakdowns indicating the number of school age children, adults, and families.

      3.   Schematic Plan Review and Action:

         (a)   The planning commission shall review the application and make a recommendation to the city council based on and including, but not limited to, the following:

            (1)   Compatibility with the stated purposes and intent of the planned unit development.

            (2)   Relationship of the proposed planned unit development to the neighborhood in which it is proposed to be located, to the city's land use plan, and to other provisions of the zoning ordinance.

            (3)   Internal organization and adequacy of various uses or densities; circulation and parking facilities; public facilities, recreation areas and open spaces.

         (b)   The city council shall act on the schematic plan after receipt of the plan from the planning commission.

         (c)   If the schematic plan is approved, the applicant may proceed to the preliminary PUD plan.

   (E)   Preliminary PUD Plan:

      1.   Application: Application for a preliminary PUD shall be filed with the zoning officer within six (6) months of the approved schematic plan; the applicant may request an extension in writing to the city, decided upon by the city council. The preliminary PUD plan shall be in substantial compliance with the schematic plan. In the event the preliminary plan is not in substantial compliance, a new schematic plan shall be submitted for review.

         (a)   Phased PUD: The applicant may apply for preliminary approval for phases of the development, however, the first phase of the development shall cover at least twenty percent (20%) of the area approved as part of the schematic plan.

            (1)   Phasing shall substantially follow the timeframe established within the approved schematic plan.

            (2)   Once one phase of a PUD has been approved for final PUD plan, the applicant shall be required to submit an application for the preliminary PUD plan of the next phase within six (6) months; the applicant may request an extension in writing to the city, decided upon the city council.

            (3)   No individual phase of a PUD plan may represent less than twenty percent (20%) of the area approved as part of the schematic plan.

         (b)   Maps: Maps which are part of the preliminary plan shall include:

            (1)   All the maps required for schematic approval of the plan.

            (2)   Generalized elevations and perspectives of all structures.

            (3)   A grading plan showing existing and proposed contours at two foot (2') intervals showing the direction of flow of surface drainage and all easements necessary for both ponding and runoff.

            (4)   Plans and profiles for the distribution of water, collection of sanitary waste and storm sewer for the proposed phase. For the remaining area of the PUD the following information shall be shown:

               A.   Water distribution system.

               B.   Storm water distribution system.

               C.   Sanitary sewer system with invert elevation.

            (5)   Plans, profiles and typical sections for proposed street improvements.

            (6)   All utility easements.

            (7)   Landscaping and planting plan.

            (8)   Erosion control plan.

         (c)   Summary Sheet: A summary sheet indicating:

            (1)   Land area for each use.

            (2)   Number of units proposed including number of bedrooms in each area in subsection (D)4(a) of this section.

            (3)   Number of areas of common open space.

            (4)   Modifications of any provisions of this title or any other ordinances, codes or regulations of the city.

            (5)   Phasing plan indicating geographical staging and approximate timing of the plan or portions thereof.

         (d)   Design Standards: All preliminary and final utility plans shall be drawn in accordance with Farmington engineering design criteria and standard specifications.

      2.   Review of Preliminary Plan: The planning commission shall hold a public hearing on the preliminary plan. The planning commission may recommend the council approve, approve with conditions, or deny a preliminary plan for PUD based on the following considerations:

         (a)   The consistency of the proposed planned unit development with the adopted comprehensive plan of the city.

         (b)   The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities.

         (c)   The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area.

         (d)   That any exceptions to the underlying zoning district’s development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section.

         (e)   The sufficiency of each planned unit development phase's size, composition, and arrangement to ensure that its construction and operation is feasible without dependence upon any subsequent phase.

         (f)   The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities.

         (g)   The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property.

         (h)   The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district’s development standards.

      3.   City Council Action on Preliminary Plan: The city council after receiving recommendation from the planning commission shall review the preliminary plan. The council may recommend approval, approval with conditions, or deny a preliminary plan for PUD based on the following considerations:

         (a)   The consistency of the proposed planned unit development with the adopted comprehensive plan of the city.

         (b)   The extent to which the proposed planned unit development is designed to form a desirable and unified environment within its own boundaries in terms of relationship of structures, patterns of circulation, visual character and sufficiency of drainage and utilities.

         (c)   The extent to which the proposed uses will be compatible with present and planned uses in the surrounding area.

         (d)   That any exceptions to the underlying zoning district’s development standards are justified by the design or the development and meet one or more of the listed intents of a planned unit development in (A) of this section.

         (e)   The sufficiency of each planned unit development phase's size, composition, and arrangement to ensure that its construction, and operation is feasible without dependence upon any subsequent phase.

         (f)   The burden or impact created by the planned unit development on parks, schools, streets, and other public facilities and utilities.

         (g)   The impact of the planned unit development on environmental quality and on the reasonable enjoyment of the surrounding property.

         (h)   The enhanced character of design of the PUD that explains the need for flexibility from the underlying zoning district’s development standards.

   (F)   Final Plan Approval:

      1.   Submittal: A final plan shall be submitted with an application for final plan approval within one (1) year of council approval of the preliminary plan unless a written request for an extension is submitted by the applicant. If an application for final approval or a request for an extension is not received within one (1) year, the preliminary plan will be considered abandoned and a new application for a preliminary plan must be submitted following the preliminary plan procedure.

      2.   Application Review: The city council shall review the final plan after filing of the application for final plan approval.

      3.   Substantial Compliance: The final plan shall be in substantial compliance with the approved preliminary plan. "Substantial compliance" shall mean:

         (a)   The number of residential living units has not been increased.

         (b)   The floor area of nonresidential uses has not been increased.

         (c)   Open space has not been decreased or altered to change its original intended design or use.

         (d)   All special conditions prescribed on the preliminary plan by the applicant or any of the reviewing bodies have been incorporated into the final plan.

      4.   Additional Data and Documents: The application for final plan approval shall be accompanied by the following data and documents:

         (a)   All the information contained in the preliminary plan plus any alterations or corrections required by the city council.

         (b)   Proposed zoning changes with legal descriptions of all district boundaries.

         (c)   Deed restrictions, covenants, agreements, bylaws or proposed homeowners' associations and other documents controlling the use of property, type of construction or development of the activities of future residents.

         (d)   A signed and executed developer's agreement.

         (e)   A subdivision plat suitable for recording in the office of the register of deeds of the county.

      5.   Annual Review: The planning commission shall review all planned unit development districts within the city at least once each year until project completion and shall make a report to the city council on the status of the development in each of the planned unit development districts. If the city council finds that development has not occurred within a reasonable time after the original approval, the city council may instruct the planning commission to initiate rezoning to just the underlying zoning district by removing the planned unit development overlay district from the official zoning map.

      6.   Amendments and Control:

         (a)   Amendments may be made in the approved final plan when they are shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.

         (b)   Minor changes in the location, siting and height of buildings and structures may be authorized by the planning staff if required by engineering or other unforeseen circumstances.

         (c)   All other changes in use, rearrangement of lots, blocks and open space must be authorized by the city council under procedures outlined for amendment of the zoning title.

   (G)   Planned Unit Development Districts:

      1.   PUD-1 - Farmington Technology Park:

         (a)   Development Plans: The following plans are required to be reviewed and approved by the City and must be in conformance with all standards listed below:

            (1)   Site Plans.

            (2)   Landscaping Plans.

            (3)   Lighting Plans.

            (4)   Noise Studies.

            (5)   Grading Plans.

            (6)   Building Plans.

            (7)   Storm Water Plans.

            (8)   Utility Plans.

         (b)   Permitted Uses: The following uses are permitted uses in PUD-1:

            (1)   Data Center Technology Park.

         (c)   Accessory Uses: The following uses shall be permitted accessory uses in the PUD-1:

            (1)   Electric Substations.

         (d)   Special Development Standards:

            (1)   Building Setbacks:

               A.   Adjacent To Residential Uses: Two hundred fifty feet (250').

                  i.   This setback is also recognized to be established from the residential properties on the south side of 225th St. West. The intervening 225th St. West ROW is considered to be included in the measurement of this setback.

               B.   Adjacent To Non-Residential Uses: One hundred fifty feet (150').

               C.   From the seventy five feet (75') ROW dedication on the east side of Lot 1, Block 1: One hundred seventy five feet (175').

               D.   Adjacent To Lot 2: Zero foot (0') from internal property lines within the overall PUD. Applicable MUCI setbacks shall apply to property lines not adjacent to the PUD.

               E.   Adjacent To 225th Street West: Forty feet (40') with the exception of a two hundred fifty foot (250') setback identified in (G)1(d)(1)Ai above.

               F.   Adjacent to the southern property line of Lot 3 and the western property line of Lot 3 north to the designated floodzone: forty feet (40').

            (2)   Natural Buffers: A natural buffer of forty feet (40') from all perimeter property lines, except for this listed below, is established under this PUD:

               A.   Existing, healthy trees shall be retained in the natural buffer, to the greatest extent practicable, in accordance with Section 10-6-11 of the Farmington City Code. Utilities, access drives landscaping, perimeter fencing and berms may be located in the natural buffer. Except as otherwise permitted under subsection (G)1(d)(6)A(ii), Security fencing, security gates, and guard buildings shall be located on the interior side of the natural buffer. Where there are no existing trees in the natural buffer that qualify for preservation under Section 10-6-11 et seq. of the Farmington City Code, then stormwater features may be located in the natural buffer provided they are adequately landscaped in accordance with the applicable sections of the Farmington City Code, unless otherwise approved by the Planning Division.

               B.   Exceptions:

                  i.   Adjacent to 225th Street West.

                  ii.   Adjacent to Lot 2: Only the eastern most property line south of the forty foot (40') natural buffer adjacent to State Highway 50 and adjacent to the southern property line outside of the one hundred fifty feet (150') setback adjacent to the western property line of Lot 1.

                  iii.   From the northeast comer of Lot 13, Bock 3, Executive Estates, directly south along the project property line to the 225th St. West ROW there shall be an eighty foot (80') natural buffer.

                  iv.   From the southwest comer of Lot 1, Block 1 Farmington Technology Park easterly to directly north of the northwest comer of Lot 1, Block 2 Farmington Technology Park, there shall be an eighty foot (80') natural buffer.

            (3)   Landscaping: In addition to the applicable landscaping standard set forth in Section 10-6-10 of the Farmington City Code, the following additional landscaping standards shall apply:

               A.   Drought tolerant, native plants shall be utilized throughout the site. A diversity of coniferous and deciduous plant material shall be used subject to and as determined through the planting plan review during the site plan process. Additionally, a mix of fast and slower growing tree species shall be planted.

               B.   Rock, gravel, and/or mulch may also be used as an accent material for maintenance areas directly adjacent to a building, around utility access points (i.e. manholes, control valves, and hand holes), or in mechanical areas.

               C.   Where parking areas are located a minimum of three hundred feet (300') from a public road or residential use, and the parking area is screened by building location, parking lot landscaping shall not be required. However, end islands of parking aisles that are visible from a public street or residential use shall be landscaped in accordance with Section 10-16-10(D)8(e).

               D.   Berms are required to be constructed where development occurs adjacent to residential uses. Berms may be allowed up to ten feet (10') in height from existing grade in order to incorporate more aesthetic visual features into the site. Berms over ten feet (10') in height may be allowed subject to administrative site plan review and approval by the City. Additionally, landscaping may be installed on the berms and walls where feasible.

               E.   Any berms approved with a site pan for a data center building shall be constructed prior to the first foundation inspection for any building included in the associated approved site plan. Landscaping associated with the berm shall be installed during the Minnesota growing season. If construction of the berms are completed outside of the Minnesota growing season, then all required landscaping shall be installed by June 1 of the subsequent growing season.

            (4)   General Design Standards:

               A.   Principal building facades will meet the following standards:

                  i.   For the purposes of this subsection, the term "principal building facades" shall include all building facades substantially visible to abutting public roads or adjacent to planned or existing residential districts.

                  ii.   Principal building facades shall avoid the use of undifferentiated surfaces by including at least two (2) of the following design elements:

                     a.   Change in building height.

                     b.   Building step-backs, projections or recesses.

                     c.   Fenestration.

                     d.   Changes in building material, pattern, texture, color.

                     e.   Use of accent material.

                     f.   Overhangs.

                     g.   Canopies or porticos.

                     h.   Arcades.

                     i.   Variations in the roof line.

                     j.   Faux windows.

                     k.   Green walls.

                     l.   Other enhanced design elements which may be approved by the Planning Commission.

                  iii.   When a building has more than one principal facade, such facades shall be consistent in their design, materials, and treatments.

               B.   Screening Of Building Mechanical Equipment And Critical Infrastructure:

                  i.   Ground-level mechanical equipment or accessory uses (not including parking areas) that are visible from public rights-of-way and/or adjacent residential dwellings will be screened from public view using one or multiple of the following methods of screening:

                     a.   A principal structure;

                     b.   Existing vegetation that will remain on the property, or new, planted vegetation (ex. Evergreens or shrubs) that fully screens the equipment from public view;

                     c.   A visually solid fence, screen wall or panel, or other visually solid screen that shall be constructed of materials that are matching or consistent in style, color and/or texture with those used in the exterior construction of the principal building. Chain link fencing with slats is not permitted to satisfy this requirement.

                  ii.   Above-ground mechanical equipment and structures will be screened from view from adjacent public streets and residential dwellings.

                  iii.   Any mechanical units placed on the rooftops of buildings shall be screened from view from adjacent public streets and residential dwellings by architectural features which are compatible with building facade architecture. The method of screening shall be provided and reviewed with the Planning Divisions review of the building elevations. The screening of roof mounted equipment shall be excluded from the overall height limitation but in no instance shall exceed eighty feet (80'). Rooftop equipment should be centrally located on the roof where feasible.

                  iv.   All buildings are exempt from any existing or future City requirement to install roof-mounted solar equipment.

            (5)   Building Height: Maximum building height for principal structures is eighty feet (80'). However, the maximum height at the building setback line is fifty feet (50'). For each one foot increase in building height, the building must be stepped back five feet (5').

               A.   Eighty foot (80') tall buildings shall be setback a minimum of four hundred feet (400')from the property line adjacent to a residential zone district.

               B.   Maximum building height for accessory buildings is fifty feet (50').

            (6)   Fences:

               A.   Security Fencing:

                  i.   Maximum fence height of fourteen feet (14').

                  ii.   Must be located on the inside edge of the natural buffer interior to the site unless otherwise approved by the City.

               B.   Perimeter Fencing:

                  i.   Maximum fence height of seven feet (7').

                  ii.   In locations where the existing fence will be relocated to the property line on the west side of the project boundary, applicant shall provide adjacent property owners with the opportunity to collectively decide between three (3) choices of fence material and design to include, but not limited to: wood, chain link, or metal. Applicant shall also replace any damaged landscaping resulting from the fence replacement.

            (7)   Electric Utility Lines:

               A.   Data centers are typically fed power from the utility's transmission system directly to the data center site. Depending on the utility, transmission voltage is typically 69kV or greater. Transmission lines are typically installed overhead for safety and cost effectiveness.

               B.   Permanent distribution lines on data center campuses are typically installed underground.

               C.   Temporary overhead power distribution lines for construction power will likely be installed above-ground. It has not been determined how construction power will be constructed or served. Temporary lines, which look like standard utility distribution lines, provide power for the construction of buildings and the support of building operations. These lines shall remain in use until the permanent underground service from the on-site substation is operational, and building construction is completed. The temporary distribution equipment may be rerouted to serve additional construction sites or removed altogether by the electric utility.

               D.   The transition from the transmission system is a switching station/substation, which may or may not be on the data center site. The switching station/substation is an integral use associated with the data center operations.

            (8)   Noise:

               A.   Noise generated from the site shall meet the applicable noise ordinance requirements as established by the Minnesota Pollution Control Agency.

               B.   Prior to the approval of a site plan, the applicant shall provide a noise study to demonstrate that the applicable noise levels will not be exceeded. At the time of site plan and building permit review, additional noise attenuation measures to ensure that MPCA noise rules are adhered to may be required.

               C.   In addition to the foregoing, applicant agrees to install physical sound attenuation on any mechanical equipment (including but not limited to ground supported barriers, earthen berms, mechanical screening or other attenuation techniques as specifically called out in subsequent sound studies) that is installed at a data center building located within one thousand two hundred feet (1,200') of any adjacent residential use and that is either (i) installed on the rooftop of such building or (ii) that is installed on the exterior side of such data center building and directly facing such adjacent residential uses, in each case unless a noise study demonstrates that there is no incremental noise from such mechanical equipment as a result of the foregoing installation locations.

            (9)   Parking: One parking space per one thousand square feet (1,000 sf) of office use. Parking spaces are not required for designated data hall areas. Minimum parking may be modified based on a parking study provided with a site plan or building permit application, as applicable.

            (10)   Substations shall be exempt from the design regulations of the MUCI Zoning District. Mechanical and electrical equipment will be housed in mechanical yards that are fenced and screened.

               A.   The property may have outdoor mechanical and electrical equipment of size (not to exceed the aggregate building footprint), number, volume, and location to sufficiently serve the buildings and be in relational proximity to the buildings.

               B.   Security fencing around a substation shall be setback a minimum of thirty feet (30') from a property line adjacent to a residential zoned property. Any substation equipment shall be setback a minimum of fifty feet (50') from a property line adjacent to a residential zoned property.

            (11)   Private communications towers are permitted up to a maximum height of 80 feet and are subject to building setback requirements.

            (12)   Maximum Lot Coverage of All Uses: There is no maximum lot coverage for all uses built in designated "developable area".

            (13)   Lighting: The maximum height of pole-mounted exterior lighting shall be eighteen feet (18'). All exterior lighting fixtures, including pol-mounted exterior lighting and building-mounted exterior lighting, shall be fully shielded with house side shields installed. Lighting shall not exceed .50 foot-candles at the interior edge of the natural buffer area, as applicable. Lighting that is exempt from these requirements includes temporary lighting and lighting provided for emergency or safety and security purposes as required by: the Building Code, Electrical Code, or otherwise within the City Code. Signage related to the authorized uses shall not be illuminated. The uplighting of buildings is prohibited. The maximum height of an building-mounted exterior light fixture shall be thirty five feet (35') in height, with exception of motion-activated security lighting.

            (14)   Access: Primary access drives shall be a minimum of two hundred fifty feet (250') from any directly abutting residential property line. This provision does not apply to residential properties that are separated by right-of-way.

   (A)   Statutory Authorization: The legislature of the state of Minnesota has, in Minnesota Statutes Annotated chapters 103F and 394 for counties or 462 for municipalities, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statutes Annotated chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the national flood insurance program. Therefore the city of Farmington, Minnesota, does ordain as follows.

   (B)   Statement Of Purpose: The purpose of this section is to maintain the community's eligibility in the national flood insurance program codified as 44 code of federal regulations parts 59-78, as amended and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

   (C)   Warning Of Disclaimer Of Liability: This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city of Farmington or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decisions lawfully made hereunder.

   (D)   General Provisions:

      1.   Adoption Of Floodplain Maps: The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the "Flood Insurance Study For Dakota County, Minnesota And Incorporated Areas" and flood insurance rate map panels therein numbered 27037C0204E, 27037C0208E, 27037C0209E, 27037C0212E, 27037C0214E, 27037C0216E, 27037C0217E, 27037C0218E, 27037C0219E, 27037C0236E, 27037C0238E, 27037C0356E and 27037C0360E, all dated December 2, 2011, and prepared by the federal emergency management agency. The official zoning map shall be filed in the office of the zoning administrator.

      2.   Lands To Which Section Applies: This section shall apply to all lands designated as zone AE or zone A within the jurisdiction of Farmington as shown on the official zoning map and/or the attachments thereto.

      3.   Interpretation: The boundaries of the floodplain district shall be determined by GIS or scaling distances on the official floodplain zoning district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the city engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile, if available, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first national flood insurance program map showing the area with the 100-year floodplain if earlier, and other available technical data. If 100-year flood elevations are not available, the community shall: a) require a floodplain evaluation consistent with subsection (F) of this section to determine a 100-year flood elevation for the site; or b) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the floodplain.

      4.   Abrogation And Greater Restrictions: It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.

      5.   Severability: If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

      6.   Annexations: The flood insurance rate map panels adopted by reference into subsection (D)1 of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Farmington at the time of adoption hereof. If any of these floodplain land areas are annexed into the city of Farmington after the date of adoption hereof, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation into the city of Farmington.

   (E)   Conflict With Preexisting Zoning Regulations And General Compliance:

      1.   The Floodplain District As Overlay Zoning District: The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in subsection (F) of this section shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other legally established regulations of the community and where this section imposes greater restrictions, the provisions of this section shall apply.

      2.   Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, repaired, maintained, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in subsection (F) of this section shall be prohibited. In addition, a caution is provided here that:

         (a)   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this title and specifically subsections (F) and (N) of this section;

         (b)   Modifications, repair, maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this title and specifically subsection (K) of this section; and

         (c)   As built elevations for elevated structures must be certified by ground surveys as stated in subsection (I) of this section.

   (F)   Permitted Uses, Standards, And Floodplain Evaluation Criteria:

      1.   Permitted Uses In The Floodplain: The following uses of land are permitted uses in the floodplain district:

         (a)   Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.

         (b)   Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities meet two (2) conditions. First, they are located in the flood fringe portion of the floodplain. Second, that compensatory flood storage volume is provided equal to the amount of fill proposed. The compensatory volume shall be provided between the impacted area and the channel in such a way to prevent an increase in the existing or future regional flood profile. These uses shall be subject to the development standards in subsection (F)2 of this section and the floodplain evaluation criteria in subsection (F)3 of this section for determining floodway and flood fringe boundaries.

         (c)   Travel trailers and travel vehicles are regulated by subsection (N) of this section.

      2.   Standards For Floodplain Permitted Uses:

         (a)   Fill And Slopes: Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

         (b)   Setbacks: Setbacks for floodplain alterations, fill, and new underground utilities, such as water, sanitary and storm sewers and interceptors, gas lines, phone lines, and pipelines shall be established and used along major waterways. These setbacks shall be established as follows. The exception is for utilities that need to reach or cross the major waterway, provided the minimum impact alignment is used.

            (1)   Where a major waterway has a sinuous flow pattern and a meander belt can be identified, the setback for new underground utilities shall be set back fifteen feet (15') from the outer edge of the meander belt.

            (2)   Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel alterations and/or the geomorphology of the channel, the setback established for new underground utilities shall provide for the potential for restoration and a sinuous flow pattern as follows.

            (3)   Where there are existing encroachments that limit full restoration of the stream to the meander widths appropriate for the stream type, the setback shall be fifteen feet (15') from the reasonably achievable restoration width for the meander belt given the existing encroachments.

            (4)   Where full restoration is possible, the setback shall be fifteen feet (15') from a meander belt width established along the stream reach that has a width ten (10) times the bank full channel width. An assessment of the stream type may be completed, and meander belt widths established according to the stream type, in place of using the above ten (10) times formula. Note: The 1999 Vermillion River assessment report, available at the Dakota SWCD or the Dakota County offices of the VRWJPO, provide assessment of the stream type for many reaches of the Vermillion River.

            (5)   Where buffers are required, aboveground encroachments, alterations, and fill shall be consistent with the prohibited and allowed uses and widths specified in the buffer standard.

         (c)   Projects Altering Floodplain Boundaries: Projects that result in an increase to the 100-year flood stage for activities in the floodway, such as bridge crossings and regional ponds that increase upstream high water levels are allowed provided that:

            (1)   The applicant submits easements or other documentation in a form acceptable to the city or the VRWJPO demonstrating and recording the consent of the owner of any land affected by the increased high water levels,

            (2)   The action is consistent with other portions of these standards; and local, state and federal regulations, and a conditional and final letter of map revision is secured from the federal emergency management agency when required by 44 code of federal regulations, section 60.3 (c) or (d), and

            (3)   The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed and no detrimental impacts result, or adverse impacts are mitigated.

         (d)   Storage Of Materials And Equipment:

            (1)   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

            (2)   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.

         (e)   Adverse Impact: Floodplain alteration or filling shall not cause a net decrease in flood storage capacity below the projected 100-year critical flood elevation unless it is shown that the proposed alteration or filling, together with the alteration or filling of all other land on the affected reach of the water body to the same degree of encroachment as proposed by the applicant, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows.

         (f)   Above Regulatory Flood Protection Elevation: All new structures shall be constructed with the lowest floor elevated on fill at or above the regulatory flood protection elevation, which is more restrictive than the minimum elevations and standards as specified in state of Minnesota rules chapter 6120.5800, subdivision 4.B: shoreland and floodplain management; Dakota County ordinance 50: shoreland and floodplain ordinance: FP, floodplain district; as applicable.

         (g)   Projects: Projects involving development, redevelopment, or the subdivision of land, shall establish flood storage, flowage, and drainage easements over areas below the 100-year critical flood elevation of any public water, public waters wetland, or wetland.

         (h)   All Uses: Uses that do not have vehicular access at or above an elevation not more than two feet (2') below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the board of adjustment. In granting a variance, the board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.

         (i)   Commercial And Manufacturing Uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet (2') or be subject to flood velocities greater than four feet (4') per second upon occurrence of the regional flood.

         (j)   On Site Sewage Treatment And Water Supply Systems: Where public utilities are not provided: 1) on site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and 2) new or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on site sewage treatment systems shall be determined to be in compliance with this section.

         (k)   Anchored Foundations: All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

      3.   Floodplain Evaluation:

         (a)   Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the planning coordinator shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minnesota rules, 1983, parts 6120.5600 (technical standards and requirements for floodplain evaluation) and 6120.5700 (minimum floodplain management standards for local ordinances) shall be followed during the technical evaluation and review of the development proposal. In a zone AE on the flood insurance rate map panel adopted in subsection (D)1 of this section, the floodway and flood fringe boundaries shall be as shown on the flood insurance rate map.

         (b)   The planning coordinator shall submit one copy of all information required by this subsection (F) to the respective department of natural resources' area hydrologist for review and comment at least twenty (20) days prior to the granting of a permit or manufactured home park development/subdivision approval by the community. The planning coordinator shall notify the respective department of natural resources area hydrologist within ten (10) days after a permit or manufactured home park development/subdivision approval is granted.

   (G)   Utilities, Railroads, Roads And Bridges In The District:

      1.   Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.

      2.   Public Transportation Facilities (Including Railroad Tracks, Roads And Bridges): Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

   (H)   Subdivisions:

      1.   City Engineer Review For Suitability: No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the city engineer for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The city engineer shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.

      2.   Evaluation: In the floodplain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in subsection (F) of this section. The city engineer shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in subsection (F) of this section.

      3.   Access Roads: For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

      4.   Removal Of Special Flood Hazard Area Designation: The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

   (I)   Administration:

      1.   Permit Required: A permit issued by the city engineer shall be secured prior to the construction, addition, alteration, rehabilitation (including normal maintenance and repair) or modification of any building or structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the placement of an obstruction within the floodplain.

      2.   State And Federal Permits: Prior to granting a permit or processing an application for a variance, the city engineer shall determine that the applicant has obtained all necessary state and federal permits.

      3.   Certification Of Lowest Floor Elevations: The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this title. The city engineer shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district.

      4.   Notifications For Watercourse Alterations: The city engineer shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota statute, chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the federal emergency management agency (FEMA).

      5.   Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as practical, but not later than six (6) months after the date such supporting information becomes available, the city engineer shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data.

   (J)   Variances:

      1.   Definition; Applicability: A "variance" means a modification of a specific permitted development standard required in an official control including this title to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation.

      2.   Board Action: The board may authorize upon appeal in specific cases such relief or variance from the terms of this title as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the board of adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.

      3.   When Allowed: Variances from the provisions of this title may be authorized where the board of adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this title. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. The following additional variance criteria of the federal emergency management agency must be satisfied:

         (a)   Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

         (b)   Variances shall only be issued by a community upon: 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

         (c)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      4.   Copies Of Application: The board shall submit by mail to the commissioner of natural resources a copy of the application for proposed variance sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.

      5.   Appeals: Appeals from any decision of the board may be made, and as specified in this community's official controls and also Minnesota statutes.

      6.   Flood Insurance Notice And Recordkeeping: The zoning officer shall notify the applicant for a variance that: a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and b) such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program.

   (K)   Nonconformities: A structure or the use of a structure or premises which was lawful before the passage or amendment of this title but which is not in conformity with the provisions of this title may be continued subject to the following conditions:

      1.   No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.

      2.   Any structural alteration to a nonconforming use in the floodway or flood fringe which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsections (K)3 and (K)6 of this section. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with subsection (F)2 of this section.

      3.   The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the current market value of the structure, then the structure must meet the standards of subsection (F) of this section for new structures.

      4.   If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this title.

      5.   If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of fifty percent (50%) or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this title. The city engineer may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this title.

      6.   If "substantial improvement" occurs, as defined in section 10-2-1 of this title, for any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of this title.

   (L)   Penalties For Violation: A violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor.

      1.   In responding to a suspected ordinance violation, the zoning officer and local government may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.

      2.   When an ordinance violation is either discovered by or brought to the attention of the zoning officer, the zoning officer shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources and federal emergency management agency regional office along with the community's plan of action to correct the violation to the degree possible.

      3.   The zoning officer shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the zoning officer may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the zoning officer may either: a) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or b) notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed thirty (30) days.

      4.   If the responsible party does not appropriately respond to the zoning officer within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The zoning officer shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.

   (M)   Amendments 1 : All amendments to this title, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the commissioner of natural resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes in the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.

   (N)   Travel Trailers And Travel Vehicles: Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this section and as specifically spelled out below:

      1.   Exemption: Travel trailers and travel vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in subsection (N)2 of this section and further they meet the following criteria:

         (a)   Have current licenses required for highway use.

         (b)   Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it.

         (c)   The travel trailer or travel vehicle and associated use must be permissible in any preexisting, underlying zoning use district.

      2.   Areas Exempted For Placement Of Travel/Recreational Vehicles:

         (a)   Individual lots or parcels of record.

         (b)   Existing commercial recreational vehicle parks or campgrounds.

         (c)   Existing condominium type associations.

      3.   Additions And Accessory Structures: Travel trailers and travel vehicles exempted in subsection (N)1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in subsection (F) of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.

      4.   Subject To Floodplain Provisions: New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:

         (a)   Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of subsection (F)3 of this section and proper elevated road access to the site exists in accordance with subsection (F) of this section. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.

         (b)   All new or replacement travel trailers or travel vehicles not meeting the criteria of subsection (N)4(a) of this section may, as an alternative, be allowed if in accordance with the following provisions: The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsections (N)1(a) and (N)1(b) of this section will be met. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with subsection (F) of this section. (Ord. 011-640, 11-7-2011; amd. Ord. 021-761, 8-16-2021)

Changes to an alteration of the zoning district map shall be made only by ordinance and said ordinance amendment shall be incorporated into this section of the code by setting forth the date, ordinance number and nature of the amendment.

   (A)   Adoption: This zoning ordinance and official zoning district map, as may be amended from time to time, was put to a public hearing on March 3, 1986, was adopted by the council as ordinance 086-177 on March 17, 1986, and was published, in summary form, in the official newspaper, the "Farmington Independent", on June 4, 1986. (Ord. 086-177, 3-17-1986; amd. Ord. 002-469, 2-19-2002; Ord. 002-473, 5-6-2002; Ord. 003-498, 9-15-2003; Ord. 009-609, 10-19-2009; Ord. 012-653, 11-19-2012)

   (B)   Amendments:

      1.   Ordinance no. 085-170 adopted the fifth day of August, 1985, rezoned from R-3 high density residential to R-2 medium density residential the replat of Westview Acres except block 5; Westview Acres - Mohn Addition; Westview Acres Third; and parcel no. 14-03100-010-50 described as part of the NW1/4 of the SW1/4, part of the SW1/4 of the SW1/4, part of the SE1/4 of the SW1/4, and part of the NE1/4 of the SW1/4, all in Section 31, T114N, R20W, City of Farmington (commonly described as the Senior High Property). Rezoned from R-3 high density residential to planned unit development - Gils Addition. (Ord. 085-170, 8-5-1985; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      4.   Ordinance no. 087-188 adopted the twentieth day of April, 1987, rezones lots 4 - 15, block 3, Fair Hills Addition from R-3, high density residential to R-1, low density residential. (Ord. 087-188, 4-20-1987; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      5.   Ordinance no. 087-190 adopted the twentieth day of July, 1987, rezones lots 1 - 3, the east 40 feet of 4, and lots 10 - 13, all in block 17, town of Farmington from R-2, medium density residential to B-2, general business district. (Ord. 087-190, 7-20-1987; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      6.   Ordinance no. 088-204 adopted the fifteenth day of August, 1988, amends the planned unit development adopted by ordinance no. 086-176 by changing the quad home lots to single-family lots. (Ord. 088-204, 8-15-1988; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      7.   Ordinance no. 089-219, adopted the twenty first day of August, 1989, rezones lots 1 - 10, block 18, town of Farmington from B-3 Heavy Business District to R-3 High Density Residential. (Ord. 089-219, 8-21-1989; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      8.   Ordinance no. 089-220 adopted the twenty first day of August, 1989, rezones from R-3 High Density Residential to Planned Unit Development, Lots 1-10, Block 18, City of Farmington. (Ord. 089-220, 8-21-1989; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      9.   Ordinance no. 090-235, adopted the second day of July, 1990, rezones the Outlot in the Northwest Corner of Fair Hills Addition from R-3 High Density Residential to R-1 Low Density Residential. (Ord. 090-235, 7-2-1990; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      12.   Ordinance no. 092-262, adopted the third day of February, 1992, rezones Lots 1 and 2, Block 16, Town of Farmington, from R-2 Medium Density Residential to B-2 General Business District. (Ord. 092-262, 2-3-1992; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      13.   Ordinance no. 092-283, adopted the seventeenth day of August, 1992, adds a clarifying phrase to Ordinance No. 088-204 so that it reads: by changing the Quad Home Lots to Single Family Lots in blocks 1 and 2 of the Fifth Addition. (Ord. 092-283, 8-17-1992; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      15.   Ordinance no. 092-287, adopted the tenth day of October, 1992, rezones Lots 1-12, Block 18 and Lots 4, 5, 6 and a portion of Lot 7 west of the railroad tracks in Block 25 from R-3 High Density PUD and B-3 Heavy Business to B-2 General Business. (Ord. 092-287, 10-10-1992; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      16.   Ordinance no. 093-300, adopted the first day of March, 1993, rezones from R-2 Medium Density Residential to B-2 General Business District, Lots 8 and 9, Block 17, Town of Farmington. (Ord. 093-300, 3-1-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      17.   Ordinance no. 093-303, adopted the nineteenth day of April, 1993, zones Wausau Supply Company land, containing approximately 13.5 acres of land situated immediately southeast of the intersection of State Trunk Highway 3 and the rail spur which serves it, I-1 Light Industrial. (Ord. 093-303, 4-19-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      18.   Ordinance no. 093-305 adopted the third day of May, 1993 rezones the area east of Trunk Highway #3, north of Trunk Highway 50 and south of County Road #72, commonly referred to as East Farmington PUD containing 100 acres and legally described as follows:

Parcel 14-03200-012-28

AND

AND ALSO

Sec. 32, Twn 114, R19. S 80' of N 325.5' of W 276' of NW 1/4 of SW 1/4 exc W 200' from R-1 (Low Density Residential) and R-3 (High Density Residential) to R-2 (Medium Density Residential) Planned Unit Development. (Ord. 093-305, 5-3-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      19.   Ordinance no. 093-306, adopted the seventeenth day of May, 1993 zones the recently annexed area commonly referred to as East Farmington PUD containing approximately 75 acres and legally described as:

The NE 1/4 of the SW 1/4 of Section 32, Township 114, Range 19 and the SE 1/4 of the NW 1/4 of Section 32, Township 114, Range 19, except the N 66' thereof and also except the S 435.60' of the N 501.60' of the East 300' thereof, containing 75 acres, more or less as R-2 (Medium Density Residential) Planned Unit Development (PUD). (Ord. 093-306, 5-17-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      20.   Ordinance no. 093-308, adopted the seventh day of June, 1993, rezones the platted area of Riverside Estates, a 17.7 acre tract bounded on the south by 208th Street, on the west by a pipeline easement and the north and east by unplatted land, from R-3 High Density Residential to R-1 Low Density Residential. (Ord. 093-308, 6-7-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      21.   Ordinance no. 093-311, adopted the nineteenth day of July, 1993, rezones the PUD of Prairie Creek, a 112.13 acre undeveloped land area in Section 13, situated south of Dakota County Estates and north of Silver Springs on the east side of County Road 31, from R-1 to R-1 PUD. (Ord. 093-311, 7-19-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

Commencing at a point 40 feet East of the center line of Third Street in the City of Farmington and 33 feet North of the center line of former State Trunk Highway No. 1 (Ash Street) where it joins said Third Street, running thence East along the North line of said highway 170 feet, thence North parallel with Third Street 120 feet; thence West and parallel with the North line of said highway 170 feet to the East line of Third Street; thence South 120 feet along the East line of Third Street to the place of beginning. (Ord. 093-318, 11-1-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      23.   Ordinance no. 093-324 adopted the twentieth day of December, 1993 zones the land annexed to the City by Ordinances 092-271 and 092-272 owned by Lavane and Helen Bung and Sidney and Norrie Hegseth, respectively, R-2 Medium Density Residential described as follows:

The E 80' of the following described tract of land, to wit: All that part of the S 1/2 of the SE 1/4 of Sec. 30, TWP 114, R19, described as follows: Commencing at a point 40' N of the NW corner of Lot 5 in Block 2 of Bung's Addition, thence N 200', thence E 320', thence S 200', thence W 320' to the place of beginning. Subject to and together with an Easement over the S 40' of the last described tract for road purposes.

That part of the SE 1/4 of Sec. 30, TWP 114, R19, described as follows:

Beg. at intersection of W line of 5th Street, City of Farmington, extended, and the Section line between Sections 30 and 31, TWP 114, R19, thence E'ly along the S line of said Sec. 30 a distance of 290.4' which is the point of beg.; thence E'ly along the S line of said Sec. 30 to a point which lies 940' W of the SE corner of said Sec. 30; thence N and parallel to the E line of said Sec. 30 a distance of 200'; thence W and parallel to the S line of said Sec. 30 to a point which lies 200' N of the point of beg.; thence S 200' to the point of beg.; except any portion of the above described property lying within all that part of the S 1/2 of the SE 1/4 of Sec. 30, TWP 114, R19, described as follows, to wit: Commencing at a point 40' N and 80' W of the NW corner of Lot 5, Block 2, Bung's Addition, thence W 80', thence N 200', thence E 80', thence S 200' to the place of beg. (Ord. 093-324, 12-20-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      24.   Ordinance no. 093-325 adopted the twentieth day of December, 1993 zones the land annexed to the City by Ordinance No. 092-281 and owned by Robert F. Adelmann to I-1 Light Industrial legally described as follows:

The W 1/2 of the NW 1/4 of Section 6, Township 114, Range 19W, Dakota County, Minnesota Excepting therefrom railroad right of way and also excepting a tract of land described as follows:

Beginning at the intersection of the E line of the said W 1/2 of the NW 1/4 and the SE'ly ROW of the Milwaukee Railroad, said point lying 1,392.40' S of the NE corner of the said W 1/2 of the NW 1/4; thence S along said E line a distance of 320.0'; thence deflecting to the right at an angle of 104D44M30S a distance of 393.50' to a point on the SE'ly ROW; thence NE'ly along said ROW a distance of 440', more or less, to the point of beginning. ALSO EXCEPTING therefrom a tract of land N and W of the CMSTP&P Railroad ROW, already annexed to the City of Farmington. Subject to road and utility easements of record, if any. Containing in all 75.43 acres, more or less, according to the Government Survey thereof.

All that part of the E 1/2 of the NW 1/4 of Section 6, T114, R19, lying W of the ROW of the Iowa and Minnesota Division of the CMSTP Railway Company and S of the ROW of the Farmington and Mankato Line of said CMSTP Railway Company as are now located across said lands, being about 12 acres, more or less, being the same lands conveyed to the within Grantee by William Nicolay and Belle Nicolay, his wife, by Warranty Deed dated 10/1/1901, and recorded on 10/8/1901, in Book 70 of Deeds; on page 447 of the records of Dakota County, State of Minnesota, (recorded 4/29/1905, in Book 117, Page 320). A strip, belt or piece of land, 100' wide, extending across in the NE'ly and SW'ly direction of all that part of the E 1/2 of the NW 1/4 of Section 6, TWP 114, R19, which lies W of the ROW of the Iowa and Minnesota Division of the CMSTP&P Railway Company. The center of said strip being marked on the ground by a line of stakes, marked (L) together with the strip of land 25' wide adjoining the ROW of said Iowa and Minnesota Division of said railway, extending from the N line of said premises herein before described to the point where said ROW running NE'ly and SW'ly leaves said main line of said railway, all in Dakota County, Minnesota. (Recorded 10/8/1901, in Book 110, Page 303)

A strip, belt or piece of land 100' wide, extending across from the E side to the W side of the W 1/2 of the W 1/2 of the NW 1/4 of Section 6, TWP 114, R19, in the County of Dakota, State of Minnesota. Hereby conveying a strip of land 55' wide on each side of the C/L of the railway of said Company, as now located and established across said land. (Recorded 6/16/1902, in Book 109, Page 155)

A strip, belt or piece of land, 100' wide, extending across from the E side to the W side of the E 1/2 of the W 1/2 of the NW 1/4 of Section 6, TWP 114, R19, in the County of Dakota, State of Minnesota. Hereby conveying a strip of land 50' wide on each side of the C/L of the railway of said Company, as now located and established across said land. (Recorded 6/16/1902 in Book 109, Page 157)

A tract of land in the W 1/2 of the NW 1/4 of Section 6, TWP 114, R19, described as follows: beginning at the intersection of the E line of said W 1/2 of the NW 1/4 and the SE'ly ROW line of the Milwaukee Railroad, said point lying 1,392.4' S of the NE corner of said W 1/2 of the NW 1/4; thence S and along said E line a distance of 320.0'; thence deflecting to the right at an angle of 104D44M30S a distance of 393.5' to a point on said SE'ly ROW; thence NE'ly along said ROW a distance of 440' more or less to the point of beginning. Containing 1.32 acres. (Recorded 2/7/1966, in Book 264, Page 351) (Ord. 093-325, 12-20-1993; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      25.   Ordinance no. 094-333, adopted the 16th day of May, 1994, rezones the PUD of Nelsen Hills Farm, 119.48 acre, 265 single family lot plus one townhome lot, situated on the west side of County Road 31 in the SE Quarter of Section 14 immediately north of the First and Second Additions of Nelsen Hills Farm and 190th Street, from R-1 to R-1 PUD. (Ord. 094-333, 5-16-1994; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      26.   Ordinance no. 094-338, adopted the 10th day of November, 1994, approves the Schematic Plan for East Farmington PUD and the 176 acre undeveloped farm land situated in the west one half of Section 32 zoned R-2 PUD; and the revised PUD Plan reduces housing densities to 426 single family lots and 132 multiple units but maintains expansion space for South Suburban Medical Center and has provided two park sites totaling 8 acres. (Ord. 094-338, 11-10-1994; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      27.   Ordinance no. 095-350, adopted the 6th day of March, 1995, rezones from R-1 Low Density Residential to B-1 Limited Business that part of the east side of Highway 3 measuring 155 feet along the east frontage road and extending easterly 219 feet directly north of the Budget Mart. (Ord. 095-350, 3-6-1995; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      28.   Ordinance no. 095-351, adopted the 6th day of March, 1995, rezones 119.48 acres undeveloped land area in Section 14 (Nelsen Hills Farm) from R-1 to R-1 PUD. (Ord. 095-351, 3-6-1995; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      29.   Ordinance no. 095-356, adopted the 5th day of June, 1995, rezones the PUD of Deer Meadow, a 35 acre, 89 single family lot residential area situated on the west side of County Road 31 in the NE Quarter of Section 14, immediately north of Hill Dee Subdivision and not linked with Hill Dee Subdivision by the northward extension of Euclid Avenue, from R-1 to R-1 PUD. (Ord. 095-356, 6-5-1995; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      30.   Ordinance no. 096-370, adopted the 16th of January, 1996, approved an increase in density of four housing units on Lots 1, 2 and 3 of Block 3 in Dakota County Estates 9th Edition. (Ord. 096-370, 1-16-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      31.   Ordinance no. 096-372, adopted the 18th day of March, 1996, rezones Lot 5, Block 21, Original Town of Farmington, from B-2 General Business District to R-2 Medium Density Residential. (Ord. 096-372, 3-18-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      32.   Ordinance no. 096-374, adopted the 17th day of June, 1996, rezones Lots 8 and 9, Block 17, Town of Farmington, from B-2 General Business to R-2 Medium Density Residential. (Ord. 096-374, 6-17-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      33.   Ordinance no. 096-376, adopted the 5th day of August, 1996, rezones Lot 9, Block 5, Town of Farmington, and the adjacent north one half of vacated Locust Street from R-3 High Density Residential to R-2 Medium Density Residential. (Ord. 096-376, 8-5-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      34.   Ordinance no. 096-377, adopted the 5th day of August, 1996, rezones the south fifty-three feet (53') of the following described property:

Part of the Depot Grounds former CMSTP&P RR in Town of Farmington com. pt of int of W'ly ext C/L Walnut St. & A L5 of E'ly meas at R/A & Par C/L MNTK Soo L N10D 200.31F to Beg S 79D E perp to SD DAR L 60F N10D E Par C/L MNTK 255.98F to W'ly Ext of C/L Spruce St. N89D E along SD W'ly ext 20.64F N 8D E 86.64F N 7D E 85.99F N 4D E 116.56F N 8D E 157.51F to W'ly Ext C/L Oak St. S 89D on SD W'ly ext 54.83F to Pt. of Int with L50F E'ly of C/L MNTK Soo L S10D W 695F to Beg. (Ord. 096-377, 8-5-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      35.   Ordinance no. 096-379, adopted the 16th day of September, 1996, rezones Lots 7 and 8, Block 5, Town of Farmington, and the vacant parcel immediately to the north (Parcel No. 14-03100-010-63) from R-3 High Density Residential to R-2 Medium Density Residential. (Ord. 096-379, 9-16-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      36.   Ordinance no. 096-380, adopted the 16th day of September, 1996, rezones the vacant parcel (Parcel No. 14-03100-030-63) from R-3 High Density Residential to B-2 General Business. (Ord. 096-380, 9-16-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      37.   Ordinance no. 096-384, adopted the 16th day of December, 1996, rezones the 13.73 acres known as Cameron Woods in Section 14 from R-1 Low Density Residential to R-1 Planned Unit Development. (Ord. 096-384, 12-16-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      38.   Ordinance no. 097-387, adopted the 3rd day of February, 1997, which amends the Prairie Creek PUD by rezoning the "Stegmaier Homestead" from R-1 PUD to B-1 Limited Business. (Ord. 097-387, 2-3-1997; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      39.   Ordinance no. 096-371, adopted the 20th day of February, 1996, rezones the 55.4 acres in the NE 1/4 of Section 23, immediately north of TroyHill Subdivision, as Planned Unit Development (PUD). This PUD, commonly referred to as TroyHill PUD, contains 133 single-family residential lots, and is an extension of the TroyHill Plat approved in 1994. (Ord. 096-371, 2-20-1996; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      40.   Ordinance no. 097-392, adopted the 17th day of March, 1997, approves the PUD of Pine Ridge Forest in Section 14, and rezones the 30.24 acres of land known as Pine Ridge Forest from R-1 Low Density Residential to R-1 Planned Unit Development. (Ord. 097-392, 3-17-1997; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      41.   Ordinance no. 097-403, adopted the 6th day of October, 1997, rezones the North 84' of the West One Half of Lot 5 and the North 84' of Lot 6, all in Block 27, Town of Farmington (Parcel Number 14-77000-061-27) from R-3 High Density Residential to R-2 Medium Density Residential. (Ord. 097-403, 10-6-1997; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      42.   Ordinance no. 097-408, adopted the 3rd day of November, 1997, approves the PUD of Charleswood in Sections 23, 25 and 26, and rezones the 396 acres of land known as Charleswood from R-1 Low Density Residential to R-3 Planned Unit Development. (Ord. 097-408, 11-3-1997; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      43.   Ordinance no. 098-412, adopted the 2nd day of March, 1998, rezones the Giles/Ristow property from A-1 to B-1 (2.17 acres) and R-3 (9.7 acres) contingent upon revising the legal description for the property. (Ord. 098-412, 3-2-1998; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      44.   Ordinance no. 098-413, adopted the 2nd day of March, 1998, rezones the Adelmann/Allen property from A-1 Agriculture to R-3 High Density Residential. (Ord. 098-413, 3-2-1998; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      45.   Ordinance no. 098-415, adopted the 3rd day of August, 1998, rezones the Robert Adelmann/St. Michael's Catholic Church property from I-1 to R-1 contingent upon revising the legal description for the property. (Ord. 098-415, 8-3-1998; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      46.   Ordinance no. 098-418, adopted the 16th day of November, 1998, rezones the Jack Benedict property from R-1 PUD to R-2 PUD. (Ord. 098-418, 11-16-1998; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      47.   Ordinance no. 099-425, adopted the 1st day of March, 1999, rezones the Arlendar Nordvik/JDS Properties property from R-2 to B-4. (Ord. 099-425, 3-1-1999; amd. Ord. 002-469, 2-19-2002; Ord. 003-498, 9-15-2003)

      48.   Ordinance no. 099-428, adopted on the 19th day of April, 1999, rezones properties north of County Road 72 from A-1 to R-1 contingent upon:

         1.   Approval of the amendment to the Comprehensive Plan from Agriculture to Low Density Residential; and