Any permanent outdoor pool structure, inground or aboveground, intended for swimming, wading or recreational bathing and having a capacity of five thousand (5,000) gallons or more shall be considered a swimming pool and shall require a permit approved by the building inspections division, and must meet the following location restrictions: (Ord. 006-562, 9-18-2006)

   (A)   General:

      1.   Pools shall not be located within ten feet (10') (measured horizontally) from underground or overhead utility lines of all types.

      2.   Pools shall not be located within any private or public utility drainage, walkway or other easement.

      3.   Pool lighting shall be directed toward the pool and not toward adjacent property. (Ord. 002-469, 2-19-2002)

      4.   Pool area shall be enclosed by a nonclimbable type safety fence or barrier at least four feet (4') in height to prevent uncontrolled access to the pool area. The fence shall have a self-closing and self-latching gate with its latch located at least thirty eight inches to forty two inches (38" - 42") above the ground level.

      5.   Storable pools do not require a fence or barrier provided all means of access (ladders, etc.) are removed and the pool is covered when not attended. Storable pools do not require a permit from the building inspections division. (Ord. 006-562, 9-18-2006)

   (B)   Single-Family Residential:

      1.   Pools shall not be located within any required front, side and rear yard setbacks and shall be at least six feet (6') from any principal structure or frost footing.

      2.   In addition to observing yard setback requirements of each district, the filter unit, pump, heating unit and any other noisemaking mechanical equipment shall be located at least twenty five feet (25') from any residential structure on adjacent property.

   (C)   Multiple-Family Residential:

      1.   Water surfaces and pumps, filter or other apparatus used in connection with the pool shall not be located closer than fifty feet (50') to any lot line.

      2.   Landscaping as outlined in section 10-6-10 of this chapter shall be placed between the pool area and adjoining low density district lot lines.

      3.   Deck areas, adjoining patios or other areas used in conjunction with the pool shall be located at least fifteen feet (15') from any lot line in an adjoining low density district. (Ord. 002-469, 2-19-2002)

The purpose of this section is to maintain the character and integrity of residential areas and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods, without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this section is intended to provide a mechanism enabling the distinction between permitted home occupations and special or non-conforming home occupations.

   (A)   Permitted Home Occupation:

      1.   Any permitted home occupation as defined in this section, and subject to the performance standards of this section, may be conducted solely within a residential principal or accessory structure without a permit or special approval of the City.

      2.   Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in an existing driveway or guest parking area for multiple family dwellings, where no vehicle is parked closer than ten feet (10') from the curb line or edge of paved surface.

      3.   Permitted home occupations include and are limited to: art studio, tailoring, secretarial services, consulting services, professional offices and teaching with musical, dancing and other instructions which consist of no more than one pupil at a time, and similar uses.

   (B)   Special Home Occupation:

      1.   Permit Required: Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a "special home occupation permit" which shall be applied for, reviewed and disposed of in accordance with the procedural provisions of an interim use permit pursuant to section 10-3-7 of this title.

      2.   Examples: Examples of special home occupations include: barber and beauty services, massage therapy, chiropractic office, photography studio, group lessons, small appliances repair, the marketing of non-over the counter brand name products, and the like.

      3.   Special Home Occupation: The special home occupation may involve any of the following: stock-in-trade incidental to the performance of the service, repair service or manufacturing which requires equipment other than customarily found in a home, the teaching with musical, dancing and other instruction of more than one pupil at a time.

      4.   Declaration Of Conditions: The Planning Commission may impose such conditions on the granting of an interim use permit as may be necessary to carry out the purpose and provisions of this section.

      5.   Transferability: Permits shall not run with the land and shall not be transferable.

      6.   Inspections: The City of Farmington hereby reserves the right upon issuing any interim use permit for a home occupation to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this section or any conditions additionally imposed.

   (C)   General Provisions And Performance Standards:

      1.   No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.

      2.   No equipment shall be used in the home occupation, which will create electrical interference to surrounding properties.

      3.   Any home occupation shall be clearly incidental and secondary to the residential use of the premises, should not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.

      4.   No home occupation shall require internal or external alterations or involve construction features not customarily found in residential dwellings except where required to comply with the local and State fire and police recommendations.

      5.   There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on site.

      6.   All vehicle parking required for conduct of the home occupation shall be off-street. Parking/storage of all commercial or non-passenger vehicles used in the home occupation shall be in accordance with subsection 10-6-4(N) of this chapter.

      7.   The home occupation shall meet all applicable Fire and Building Codes.

      8.   No home occupation activity of a non-residential character shall be discernable from the private street with the exception of a two (2) sided, two (2) square foot, non illuminated sign may be displayed. Said sign shall be set back a minimum of ten feet (10') from all property lines.

      9.   Shipments and delivery of products, merchandise or supplies shall be limited to the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M. and shall regularly occur only in single rear axle straight trucks or smaller vehicles used to serve residential areas.

      10.   All home occupations shall comply with the provisions of the City nuisance ordinance.

      11.   No home occupation shall be conducted between the hours of six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. unless said occupation is contained entirely within the principal building and/or accessory structure space and will not include any on- street parking facilities.

      12.   No retail sales and delivery of products or merchandise to the public shall occur on the premises except when incidental to the services provided.

      13.   Home occupations shall not utilize more than forty five percent (45%) of the gross floor area of any dwelling unit, inclusive of any detached accessory structure used for the home occupation.

      14.   Product sales associated with private social events (i.e., "Tupperware" parties) shall be exempt from this section provided they occur no more than four (4) times per year at any given residence.

      15.   Home occupations must be owned and operated by the owner/lessee of the residential property.

   (D)   Requirements For Permitted Home Occupations:

      1.   Only persons who reside full time in the residence shall be employed by the home occupation.

      2.   Customers and/or clients from the general retail public shall not come to the premises in question for purposes pertaining to the conduct of the home occupation.

      3.   All permitted home occupations shall be conducted entirely within the principal or accessory structures.

   (E)   Requirements For Special Home Occupations:

      1.   One employee, who does not reside on the premises may be employed. Additional non-resident employees above the one may be considered and approved on a case by case basis by the Planning Commission if it is found by the Planning Commission that circumstances exist that won't compromise the residential integrity of the surrounding neighborhood. In no case may there be more than four (4) additional non-resident employees and all parking for these employees must be accommodated on the subject property.

      2.   A special home occupation permit may be issued for a period of one year, after which the permit may be reissued for periods of up to three (3) years each. Each application for permit renewal shall, however, be processed in accordance with the provisions regarding interim use permits, except that no public hearing is required on the permit renewal, unless deemed necessary by the Planning Commission. However, notice of the permit renewal application must be provided to all property owners of land within three hundred fifty feet (350') of the boundary of the property in question. The notice must provide the date of consideration before the Planning Commission and indicate that parties may be heard to consider the application. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within the zoning ordinance.

   (F)   Prohibited Home Occupations:

      1.   Service, repair or painting of any motorized vehicle, including but not limited to motor vehicles, trailers, boats, personal watercraft, recreational vehicles and snowmobiles.

      2.   Dispatch centers where persons come to a site and are dispatched to other locations.

      3.   Medical or dental clinic.

      4.   Rental businesses.

      5.   Contracting, excavating, welding or machine shops.

      6.   Commercial kennels and veterinary clinics.

      7.   Tow truck services.

      8.   Sale or use of hazardous materials in excess of consumer quantities which are packaged for consumption by individual households for personal care or household use.

      9.   Any other use of residential property deemed to be detrimental or inconsistent with the residential character of the neighborhood. (Ord. 017-731, 8-21-2017)

   (A)   Purpose And Intent:

      1.   Purpose: Signs have an impact on the character and quality of the environment as a prominent part of the scenery. They attract or repel the viewing public and affect the safety of vehicular traffic. Their suitability or appropriateness helps to set the tone of the neighborhood. The purpose of this section is to protect and promote the general welfare, health, safety and aesthetics within the City through the establishment of comprehensive standards, regulations and procedures governing the placement, erection, maintenance, use and/or display of devices, signs or symbols.

      2.   Intent: The provisions of this section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication and a sense of concern for visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this section. At the same time, the provisions of this section are intended to ensure that the public is not endangered, annoyed or distracted by unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.

   (B)   Signs Permitted: Upon the adoption of this section, it shall be unlawful and a violation of this section for any person to erect, construct, paint, alter, relocate, reconstruct, display, or maintain or cause to be erected, constructed, displayed or maintained within the City of Farmington any sign without first having obtained a permit from the Zoning Officer.

      1.   Signs Permitted In All Zoning Districts:

            (a)    On Premises Directional Signs: Where one-way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than two (2) square feet may be placed at a driveway within five feet (5') of the street right-of-way. A directional sign indicating the entrance to a two-way driveway may be required where the Zoning Officer deems it is necessary to safely direct the traveling public.

            (b)    Off Premises Directional Signs: For the purpose of providing off premises direction to a residential project described in this subsection, or to a new venture less than twelve (12) months following the issuance of an occupancy permit, or to a public, religious or nonprofit institution, or to a use which, in the determination of the Planning Commission, incurs substantial hardship from lack of reasonable identification as a result of its location, an interim use permit shall be required. Such sign shall not exceed twenty five (25) square feet per face and such sign shall conform to the yard requirements of the zoning district in which it is located. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when the model homes or other developments are open for conducting business.

            (c)    Real Estate Signs: Temporary signage for the purpose of selling, renting or leasing individual lots, parcels, homes or buildings may be erected provided:

               (1)    One sign may be placed per street frontage and located within fifteen feet (15') of the right-of-way line on the property to be sold or leased.

               (2)    The size of such sign shall be a maximum of six (6) square feet for residentially zoned property and a maximum of thirty two (32) square feet for all other properties.

               (3)    The sign shall be removed upon sale, rental, or lease of the property.

            (d)    Development Project Sign: Temporary signage for the purpose of selling or promoting a development project or used as construction signs shall comply with the following conditions:

               (1)    For development projects of thirty (30) acres or less, one sign each at a maximum of thirty two (32) square feet of sign area and not exceeding ten feet (10') in height may be erected on the project site.

               (2)    For development projects over thirty (30) acres, two (2) signs each at a maximum of thirty two (32) square feet of sign area and not exceeding ten feet (10') in height may be erected.

               (3)    Signs shall be permitted only after a sign permit has been approved.

               (4)    Signs shall be located at least ten feet (10') from the nearest property line on the property to be sold or leased and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (5)    Signs shall be located at least fifty feet (50') from any existing or occupied dwelling unit.

               (6)    Signs shall be removed when the residential development is sold out or the multiple dwelling project is sold or rented.

            (e)    Banners: Banners shall comply with the following conditions:

               (1)    Sign Permit Required: A sign permit is required for the banner and shall be valid for thirty (30) consecutive days. No more than three (3) banners may be allowed on a property.

               (2)    Minimum Setbacks: Banners shall be set back at least ten feet (10') from all property lines and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (3)    Banners; Public Safety: Banners shall not be erected or maintained in such a manner as may endanger the public safety, interfere with or obstruct pedestrian or vehicular travel, or create a traffic safety problem.

               (4)    Banners On Streetlights: The city may place banners on streetlights to display distinctive colors, patterns, or symbols, used as a symbol of the city.

            (f)    Election Signs: Election signs shall be permitted on private property in any zoning district with the expressed consent of the owner or occupant of such property. The following conditions apply:

               (1)   Such signs may not be posted more than sixty (60) days prior to the election and must be removed by those responsible for the erection of the sign or the property owner within seven (7) days following the election. For state general election years, the allowable time to post signs before the election and for the removal of such signs after the election shall comply with Minnesota Statutes Section 211B.045.

               (2)    Such signs must be no larger than thirty two (32) square feet of sign area and shall not exceed six feet (6') in height above grade.

               (3)    Such signs shall not be more than three feet (3') in height within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (4)    Any sign found by the city to be in violation of this section may be, without notice, summarily dismantled, removed or otherwise rendered in compliance with this section by the city.

               (5)    Signs shall not be placed upon public right of way or property, except for parks and other public areas approved by the city council.

               (6)    Installation shall comply with the fair campaign practices act.

            (g)    Window: Permanent signs printed or otherwise displayed from the surface of an individual window shall not exceed two (2) square feet or forty percent (40%) of the total window area, whichever is greater.

            (h)    Public Information Signs: Public information signs shall be allowed by conditional use permit in all districts. Sign area shall be limited to one hundred fifty (150) square feet, and shall comply with setback requirements in each district, and may be illuminated subject to timing and information controls stipulated as a condition to the conditional use permit.

            (i)    On Premises Signs: For the purpose of identifying or advertising a business, person, activity, goods, products or services located on the premises where the sign is installed and maintained, signs shall be regulated as set forth in this subsection (B)1.

            (j)    No Trespassing: No trespassing signs and no dumping signs shall not exceed two (2) square feet in area per side and not to exceed four (4) in number per lot in R districts. In the A district such signs shall not be located less than three hundred feet (300') apart.

            (k)    Awning Signs: Signs consisting of one line of letters not exceeding nine inches (9") in height may be painted or placed upon the hanging border only of an awning. An identification emblem, insignia, initial or other similar design, not exceeding eight (8) square feet in area may be painted or placed elsewhere on an awning.

            (l)    Painted Wall Signs: Painted wall signs shall be permitted only on structurally sound and homogeneous surfaces. A conditional use permit shall be required.

            (m)    Municipal Entrance Sign: A sign may be placed at the city boundary along a roadway identifying the city name. Such sign shall not exceed one hundred fifty (150) square feet and ten feet (10') in height.

            (n)    Open House Signs: Open house signs shall not exceed four (4) square feet, six feet (6') in height and the display of signs is limited to the same day of the open house. Said signs may be placed in the city right of way but not exceed three feet (3') in height within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

            (o)    Temporary Holiday Signs: Temporary holiday signs and displays relating to noncommercial messages associated with national, state or local holidays or festivals.

            (p)    Garage Sale Signs: Garage/rummage sale signs on private property not to exceed four (4) square feet in size and to be removed on the same day the sale ends.

            (q)    Integral Signs: Integral signs displaying only the name, address of the building or date of construction not to exceed two (2) square feet.

            (r)    Flags: Flags or insignia of any government.

            (s)    Traffic/Street Signs: Traffic/street signs approved by the director of public works.

            (t)    A-Frame Signs:

               (1)    Sign Size And Placement: An established local business (including a church) shall be allowed to display on the sidewalk adjacent to its business or on other private property with the owner's permission within the B, SSC, mixed use, and business/commercial flex zoning districts, a portable two (2) sided sign, up to two feet (2') wide and three feet (3') high, during its regular business hours. Churches shall be allowed to display such signs on the day before and day during which services are conducted. Such signs shall not restrict pedestrian traffic flow.

               (2)    Permit Required: It shall be unlawful for any business to display a portable sign without first having obtained a permit from the city. Application for a permit shall be made in writing to the zoning officer, and applicants shall state the location of the proposed portable sign and such other facts as may be required and applicable to the granting of such permit. The permit shall be valid for a period of up to one year and is not transferable to another business without authorization of the zoning officer. The city may approve the permit with additional terms and conditions, including, but not limited to, conditions regarding location, duration, and design.

               (3)    Fees And Insurance: The fees required for this permit shall be paid at the office of the city clerk before the granting of the permit. The amount of the fee shall be as provided from time to time by resolution of the council. The city clerk or authorized city staff shall issue a receipt for the fee and issue the permit to the applicant. No fee shall be prorated for a portion of a year, and no fee paid shall be refunded unless the permit is denied. The applicant is required to take out and maintain public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise directly or indirectly out of the use and/or placement of the portable sign. Limits for bodily injury and death shall not be less than five hundred thousand dollars ($500,000.00) for one person and one million dollars ($1,000,000.00) for each occurrence; limits for property damage shall not be less than two hundred thousand dollars ($200,000.00) for each occurrence; or a combination single policy of one million dollars ($1,000,000.00) or more. The city shall be named as an additional insured on the policy, and the applicant shall file with the city a certificate evidencing coverage prior to the city issuing a permit.

               (4)    Revocation Of Permit: Any permit issued by the city may be suspended or revoked by the zoning officer for any of the following causes:

                  A. Conducting such permitted activity in such a manner as to constitute a breach of the peace or menace to the health, safety or welfare of the public, or a disturbance of the peace or comfort of residents of the city, or upon the recommendation of the appropriate city official.

                  B. Expiration or cancellation of the required insurance coverage.

                  C. Actions unauthorized or beyond the scope of the permit granted.

                  D. Violation of any regulation or provision of this code applicable to the activity for which the permit has been granted, or any regulation or law of the state so applicable.

                  E. Failure to continuously comply with all conditions required as precedent to the approval of the permit.

               (5)    Hearing: Any person aggrieved by the action of any city official in denying, suspending or revoking a permit shall have the right to a hearing before the planning commission on any such action, provided a written request therefor is filed with the clerk within ten (10) days after receipt of the notice of such denial, suspension or revocation. The planning commission may grant such permit or confirm any suspension or revocation or reinstate any such permit. The action taken by the planning commission after a hearing shall be final.

            (u)    Special Event Sign: Special event banners shall comply with subsection (B)1(e) of this section. Other special event signs require a permit of the type referred to in subsection (B)1(e)(1) of this section, shall not exceed four (4) square feet in area, shall be permitted in all zoning districts within thirty (30) days prior to the event, and shall not be located within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

            (v)    LED Message Sign: One LED message sign in the form of a pylon, monument or wall sign may be installed on any property which is continually utilized for a civic, educational, nonprofit, charitable, religious, commercial, or industrial purpose, and shall be subject to the sign area and height requirements for the underlying zoning districts as specified within subsections (B)2 through (B)6 of this section. The installation of an LED message sign shall be subject to the state's electrical code. The electrical service to such sign shall be underground. LED signs permitted under this section shall comply with subsection (C)1 of this section.

      2.   Residential Zoning Districts:

            (a)    Home Occupations: For home occupations, one nonilluminated wall or freestanding sign not exceeding two (2) square feet in size.

            (b)    Single-Family Subdivisions And Multi-Family Complexes: For single-family subdivisions and multi-family complexes, one monument sign per street frontage, not to exceed fifty (50) square feet in sign area and five feet (5') in height. Signs shall be located at least ten feet (10') from property lines and in no case shall be permitted within the thirty foot (30') triangle of visibility at street intersections.

            (c)    Permitted Nonresidential Uses: For permitted nonresidential uses, one freestanding monument sign is allowed per street frontage if an access drive is present. Each sign shall not exceed fifty (50) square feet in sign area and ten feet (10') in height. Signs shall be located at least ten feet (10') from property lines and in no case shall be permitted within the thirty foot (30') triangle of visibility at street intersections. Wall signs shall not exceed twelve percent (12%) of the building facade or three hundred (300) square feet, whichever is less.

            (d)    Illuminated Signs: Except for temporary signs, illuminated signs shall be allowed in residential zoning districts for nonresidential uses. Such signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises as outlined in section 10-6-8 of this chapter regarding exterior lighting.

            (e)    Athletic Complex Scoreboards: Freestanding signs shall be permitted on public school property as follows: Scoreboards may be located only at the varsity and junior varsity playing fields at the northeast intersection of Akin Road and CSAH 50 and on the parcel at 800 Denmark Avenue. One scoreboard may be erected for each competitive playing field and is restricted to a maximum of six feet six inches (6'6") in height by twenty seven feet (27') in length. The maximum height of the scoreboard at installation is twenty feet (20'). The scoreboards at the varsity and junior varsity baseball fields may display nonilluminated advertisement panels located on the bottom perimeter of the front of the scoreboard and shall not exceed two feet (2') in height or twenty seven feet (27') in width. A second nonilluminated advertisement panel may be located on the back of the scoreboard at the top of the scoreboard perimeter and shall not exceed three feet (3') in height or twenty seven feet (27') in width. One business may be advertised on both sides of the scoreboard and shall display the exact same sign. Team logos, names and field location may be located on the front of the scoreboard at the top of the scoreboard perimeter and shall not exceed two feet (2') in height and twenty seven feet (27') in width. Team logos, names and field location may also be located on the back of the scoreboard and shall not exceed two feet (2') in height and twenty seven feet (27') in width. The scoreboards located at 800 Denmark Avenue may display nonilluminated advertisement panels on the bottom perimeter of the scoreboard and may not exceed two feet (2') in height or twenty seven feet (27') in length. Team logos, names and field location may be shown on a panel located on the top perimeter of the scoreboard and may not exceed two feet (2') in height or twenty seven feet (27') in length. A second nonilluminated advertisement panel may be located on the back of the scoreboard at the top of the scoreboard perimeter and shall not exceed three feet (3') in height or twenty seven feet (27') in width. One business may be advertised on the back of the scoreboard.

      3.   B-1, B-2, B-3, B-4, And I-1 Zoning Districts:

            (a)    Wall Signs: One wall sign is permitted per building front as follows for each zoning district:

 

 

            (b)    Monument Identification Signs: Monument identification signs are permitted up to one hundred (100) square feet in sign area with a height maximum of ten feet (10') from the ground (including the base) to the top of the sign. The sign must be set back ten feet (10') or more from the property line and shall not be located within the thirty foot (30') triangle of visibility at street intersections. One monument identification sign per street frontage may be erected on a lot if the lot is adjacent to more than one street. Primary sign shall not exceed one hundred (100) square feet in sign area per sign with a maximum height of ten feet (10'); secondary street frontage sign shall not exceed sixty (60) square feet in sign area per sign with a maximum height of six feet (6'). Monument identification signs in the B-4 district may be illuminated between eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M. and shall be in compliance with section 10-6-8 of this chapter.

            (c)    Sign Plan: A multiple occupancy building shall submit a sign plan that will coordinate signage for the entire project. The plan shall address height, location, size, number type, decorative theme, design, color and materials to be used on the building. The plan shall be reviewed and approved by the zoning officer prior to the issuance of a sign permit for the building. The owner of the building is responsible for obtaining the sign permit, complying with the approved sign criteria, and ensuring that signs erected are in compliance with the approved sign plan.

            (d)    Pylon Signs: Pylon signs are permitted as follows:

               (1)    No pylon sign shall be located in a required yard.

               (2)    Pylon signs shall not be located closer than five feet (5') from a driveway or parking space.

               (3)    Area and height of pylon signs are determined by the speed of automobile traffic along the frontage street as follows:

 

               (4)    Pylon signs shall not be permitted in the B-4 zoning district.

            (e)    Window Signs: No more than twenty five percent (25%) of the total window or two (2) square feet, whichever is greater.

            (f)    Marquee Signs: Marquee signs may be placed on the roof of a covered walk or marquee in a building complex on the vertical face of a marquee and may project from the lower edge of the marquee not more than twenty four inches (24"), but the bottom of a sign placed on a marquee shall be no less than eight feet (8') above the ground at any point. No part of the sign shall extend above the top of the roofline for a covered walk or above the top of the vertical face of the marquee.

            (g)    Illuminated Signs: Except for temporary signs, illuminated signs shall be allowed in B and I districts. Such signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians or neighboring premises as outlined in section 10-6-8 of this chapter dealing with exterior lighting.

            (h)    Billboards:

               (1)    Billboards shall be permitted only in the I-1 district.

               (2)    A conditional use permit is required for all billboards.

               (3)    The maximum sign size shall be three hundred (300) square feet in sign area. Billboards may incorporate cutouts protruding beyond the framed perimeter of the sign face, providing the total sign area does not exceed three hundred fifty (350) square feet.

               (4)    The maximum height to the uppermost portion of any advertising device shall be thirty feet (30'). The building setback limitation for the zoning district in which the sign is located shall apply to setbacks for billboards.

               (5)    The minimum radius distance between billboards shall be one thousand five hundred feet (1,500').

               (6)    No billboard structure shall be constructed within five hundred feet (500') of any park or residential zoning district.

               (7)    No billboard shall be located closer to any intersection than five hundred feet (500').

               (8)    Billboards shall be a single support, metal structure, free of supports or guywires. The metal shall be treated in such a manner as to prevent deterioration.

               (9)    Billboards may be illuminated provided that there are no flashing, intermittent or moving lights, and that beams or rays of light are not directed toward any portion of public streets.

               (10)    Billboards are permitted in undeveloped land areas. When a plat is approved and improvements are in place, the billboard must be removed from the site.

      4.   IP Zoning District:

            (a)    Single Occupant Building:

               (1)    Monument Identification Sign: One monument identification sign for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. Signs shall not exceed sixty (60) square feet in sign area per sign with a maximum height of six feet (6'). Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (2)    Wall: The total sign area on the building shall not exceed twenty percent (20%) of the building facade or five hundred (500) square feet in area.

            (b)    Multiple Occupant Building:

               (1)    Monument Identification Sign: One monument identification sign may be erected on a lot. The sign shall not exceed seventy five (75) square feet in sign area and ten feet (10') in height. Monument identification signs may include the name of the development and up to four (4) tenants of the development. Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (2)    Wall: The total sign area on the building shall not exceed twenty percent (20%) of the building facade or five hundred (500) square feet in area.

               (3)    Sign Plan: Multiple occupancy buildings shall submit a sign plan that will coordinate signage for the entire project. The plan shall address height, location, size, number type, decorative theme, design, color and materials to be used on the building. The plan shall be reviewed and approved by the zoning officer prior to the issuance of a sign permit for the building. The owner of the building is responsible for obtaining the sign permit, complying with the approved sign criteria, and ensuring that signs erected are in compliance with the approved sign plan.

      5.   Spruce Street Commercial, Mixed Use, And Business/Flex Zoning Districts:

            (a)    Single Occupant Building:

               (1)    Monument Identification Sign:

                  A. Under one hundred thousand (100,000) square feet: One monument identification sign for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. Signs shall not exceed one hundred (100) square feet in sign area per sign with a maximum height of ten feet (10'). Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

                  B. Over one hundred thousand (100,000) square feet: One monument identification sign per street frontage for each principal structure or legal parcel. Lots adjacent to more than one street may have one sign per street frontage. Primary sign shall not exceed one hundred fifty (150) square feet in sign area per sign with a maximum height of fifteen feet (15'); secondary street frontage sign shall not exceed sixty (60) square feet in area per sign with a maximum height of six feet (6'). Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (2)    Wall: The total sign area on the building may not exceed sixteen percent (16%) of the building facade or four hundred (400) square feet per building face.

            (b)    Multiple Occupant Building:

               (1)    Monument Identification Sign: One monument identification sign per street frontage may be erected on a lot. Lots adjacent to more than one street may have one sign per street frontage. Primary sign shall not exceed two hundred (200) square feet in sign area per sign with a maximum height of twenty feet (20'); secondary street frontage sign shall not exceed seventy five (75) square feet in sign area per sign with a maximum height of six feet (6'). Monument identification signs may include the name of the development and up to four (4) tenants of the development. Said signs shall be located at least ten feet (10') from the nearest property line and in no case shall be permitted within the thirty foot (30') triangle of visibility at public or private street intersections or driveway intersections.

               (2)    Wall: The total sign area on the building may not exceed sixteen percent (16%) of the building facade or four hundred (400) square feet.

               (3)    Sign Plan: Multiple occupancy buildings shall submit a sign plan that will coordinate signage for the entire project. The plan shall address height, location, size, number, type, decorative theme, design, color and materials to be used on the building. The plan shall be reviewed and approved by the zoning officer prior to the issuance of a sign permit for the building. The owner of the building is responsible to obtain the sign permit, comply with the approved sign criteria and ensure that signs erected are in compliance with the approved sign plan.

            (c)    On Premises/Traffic Directional Signs: Where one-way access and egress drives are incorporated in a site plan, a sign indicating traffic direction no more than two (2) square feet in sign area may be placed at a driveway within five feet (5') of the street right of way. A directional sign indicating the entrance to a two-way driveway may be required where the zoning officer deems it is necessary to safely direct the traveling public. Business directional signs are allowed within a development at no more than two (2) square feet in sign area per sign to direct traffic to business locations.

            (d)    Marquee Signs: Marquee signs are allowed on theater buildings in the SSC district and may be placed on the vertical face of the building and may project from the lower edge of the marquee not more than twenty four inches (24"), but the bottom of a sign placed on a marquee shall be no less than eight feet (8') above the ground at any point. No part of the sign shall extend above the top of the roofline for a covered walk or above the top of the vertical face of the marquee.

            (e)    Projecting Signs:

               (1)    Type Of Signage: No advertising signage is allowed; only business identification signs are permitted.

               (2)    Projecting: The sign shall be perpendicular to the surface of the building and the sign may be no more than one foot (1') thick.

               (3)    Size: Projecting signs may project no more than four feet (4') from the front edge of the building and be no more than twelve (12) square feet in area.

               (4)    Height: The bottom of the projecting sign must be at least eight feet (8') above sidewalk grade.

               (5)    Materials: Projecting signs must be approved by the planning commission during the sign permit application process.

               (6)    Illumination: Projecting signs may be lit with external lighting only and shall comply with section 10-6-8 of this chapter.

               (7)    Public Right Of Way: Projecting signs may not extend over a public right of way or public property (except a sidewalk or trail portion thereof) except by conditional use permit.

               (8)    Parking Space Or Loading Dock: Projecting signs may not extend over a designated parking space or loading area.

               (9)    Box Signs: Projecting box signs or cabinet signs are prohibited.

      6.   A-1 Zoning District:

            (a)    Permitted Nonresidential Uses: For permitted nonresidential uses, one freestanding monument sign is allowed per street frontage if an access drive is present. Each sign shall not exceed one hundred (100) square feet in sign area and ten feet (10') in height. Signs shall be located at least ten feet (10') from property lines and in no case shall be permitted within the thirty foot (30') triangle of visibility at street intersections. Wall signs shall not exceed twelve percent (12%) of the building facade or three hundred (300) square feet, whichever is less.

   (C)   Signs Prohibited: All signs not expressly permitted under this section or exempt from regulation hereunder in accordance with this section are prohibited. Such signs include, but are not limited to:

      1.   Rotating, Moving, Animated, Or Flashing Signs: Rotating, moving or flashing signs shall not be permitted in any district.

      2.   Traffic Interference: No sign shall be erected that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal.

      3.   Snipe Signs: There shall be no use of snipe signs anywhere within the city.

      4.   Roof Signs: Roof signs, roof advertising symbols, roof logos, roof statues or roof sculptures shall not be permitted in any district. No sign shall extend above the roofline.

      5.   Miscellaneous Signs: Such signs shall not be painted, attached or in any manner affixed to trees, rocks or similar natural surfaces, nor shall such signs be affixed to a fence or utility pole.

      6.   Public Rights Of Way: No sign shall be upon or overhang any public right of way, with the exception of B-2 districts where an overhang of fifteen inches (15") is possible.

      7.   Obsolete Signs: Signs which advertise an activity, business, product or service that has not been produced or conducted on the premises for more than thirty (30) days and are considered obsolete.

   (D)   General Design And Construction Standards: All signs shall be designed, constructed, and maintained in accordance with the following standards:

      1.   Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

      2.   All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times.

   (E)   Nonconforming Signs:

      1.   Continuation Of Use: A nonconforming sign lawfully existing upon the effective date of this section may be continued at the size and in the manner existing upon such date except as hereinafter specified.

      2.   Nonconforming Sign: Upon adoption of this section, a nonconforming sign shall not be:

            (a)    Structurally changed to another nonconforming sign if altered to prolong the life of the sign, except to meet safety requirements.

            (b)    Structurally altered except to bring it into compliance with the provisions of this section.

            (c)    Expanded or enlarged so as to increase the degree of nonconformity of the sign.

            (d)    Continued in use if a change of use occurs as defined in the zoning ordinance, or if such sign is proposed to be remodeled, repainted or otherwise changed for the purpose of displaying the new name or other new identification of the premises.

            (e)    Repaired or otherwise rehabilitated after damage, destruction or deterioration of more than fifty percent (50%), except to bring into conformance with this section.

      3.   Nonconforming Sign Maintenance And Repair: Nothing in this section shall be construed as relieving the owner of use of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this section regarding safety, maintenance and repair of signs, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status.

      4.   Nonconforming Signs Annexed To The City: All existing signs located on property annexed into the city after the effective date of this section that are not in conformance with this section shall be brought into conformance within sixty (60) days after such annexation.

   (F)   Administration And Enforcement:

      1.   Enforcement Officer: All administration and enforcement of this section shall be primarily implemented by the zoning officer. Anyone who wishes to report a sign that may be in violation of this section should do so to the zoning officer.

      2.   Permit Procedure: Except as otherwise provided in this section, all signs shall require a sign permit prior to being constructed, reconstructed, moved, altered, placed, or repaired. Sign permits shall be issued by the zoning officer.

      3.   Permit Fees: Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the Farmington city council.

      4.   Cancellation: A sign permit shall be null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of the permit. A permit may be renewed one time and no additional fee shall be collected for renewal.

      5.   Fines: Any person, organization, corporation or their representatives, found in violation of this section shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed the maximum statutory amount. Each day that a violation exists shall constitute a separate and distinct offense, punishable as aforesaid.

      6.   Appeals: To provide for a reasonable interpretation of the provisions of this section, a permit applicant who wishes to appeal an interpretation by the zoning officer may file a notice of appeal with the planning commission and request a hearing. The commission shall hear appeals or requests in the following cases:

            (a)    Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the zoning officer in the enforcement of this section.

            (b)    Request for variances from the literal provisions of this section in instances where their strict enforcement would cause undue hardship.

      7.   Severance Clause: If any subsection, clause or provision or portion thereof, of this section shall be found to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other subsection, clause, provision or portion thereof of this section.

      8.   Revocation Of Permit: The zoning officer is authorized and empowered to revoke any permit upon failure of the holder of said permit thereof to comply with any provisions of this section.

      9.   Maintenance: All signs shall be maintained in a safe, presentable and good structural condition at all times. Maintenance shall include painting, repainting, cleaning, replacement or repair of defective parts and other necessary acts.

Any sign which is found in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located.

(Ord. 003-485, 2-18-2003; amd. Ord. 004-508, 3-1-2004; Ord. 005-523, 2-22-2005; Ord. 005-531, 5-16-2005; Ord. 005-538, 7-5-2005; Ord. 005-539, 7-5-2005; Ord. 005-540, 7-5-2005; Ord. 005-542, 9-6-2005; Ord. 007-575, 8-20-2007; Ord. 008-539, 7-5-2005; Ord. 010-619, 3-1-2010; Ord. 012-655, 12-17-2012; Ord. 2024-09, 9-3-2024; Ord. 2024-09, 9-3-2024)

   (A)   General Provisions:

      1.   Use of Parking Area: Required off street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable, for lease, rent or sale.

      2.   Calculating Spaces: When the determination of the number of required off street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space.

      3.   Floor Area Determination: Floor area is based on ninety percent (90%) of gross floor area, or actual usable area.

   (B)   Required Parking Spaces:

      1.   Number of Spaces: Off street parking spaces shall be provided in accordance with the specifications of this section whenever any new use is established or an existing use is enlarged in all districts except the B-2 downtown business district.

 

      2.   Joint Parking Facilities: Required parking facilities serving two (2) or more uses may be located on the same lot or in the same structure. Conditions required for joint use are:

         (a)   The proposed joint parking space is within four hundred feet (400') of the use it will serve;

         (b)   The applicant(s) shall show that there is no substantial conflict in the principal operating hours of the two (2) or more buildings or uses for which joint use of off street parking facilities is proposed; and

         (c)   A properly drawn legal instrument approved by the city attorney, executed by the parties concerned for joint use of off street parking facilities shall be filed with the clerk. Said instrument may be a three (3) or more part agreement including the city.

      3.   Land Banking of Parking Spaces:

         (a)   Additional parking spaces intended for future building expansion or anticipated needs may be required by the city in the form of land banking.

         (b)   Areas to be land banked shall be designed to integrate with existing parking areas for space and aisle design, access points, landscaping provisions and necessary stormwater control.

         (c)   The approved site plan shall designate land banked parking areas, which shall not be used for achieving required open space standards.

   (C)   Location:

      1.   Location of Off Street Parking Facilities: Required off street parking shall be on the same lot as the principal building.

      2.   Other Locations: Parking spaces may be located on a lot other than that containing the principal use with the approval of the board of adjustment.

      3.   Control of Off Street Parking Facilities:

         (a)   When required off street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off street parking shall be filed with the city so as to maintain the required number of off street parking spaces during the existence of said principal use.

         (b)   No such parking facility at its closest point shall be more than one hundred feet (100') from the property nor more than four hundred feet (400') from the principal use or building served.

      4.   Parking in Residential Areas:

         (a)   All vehicles shall be parked on a hard surface driveway or parking apron. All parking areas shall maintain a five foot (5') setback from side and rear lot lines, except parcels that have no recorded side and rear drainage and utility easements may have a driveway constructed adjacent to the side and rear lot lines. This exception is subject to the submittal of a lot survey and grading plan acceptable to the city engineer. (Ord. 008-587. 9-16-2008)

   (D)   Design and Maintenance Standards.

      1.   Size of Spaces: Parking spaces shall be a minimum of nine feet by eighteen feet (9' x 18').

      2.   Grading and Drainage; Surfacing: Prior to issuance of a certificate of occupancy, all parking areas, driveways and loading areas shall be surfaced with asphalt or concrete pavement following the city's engineering standard plates. In the event said surfacing cannot be completed due to weather or seasonal restrictions, a temporary certificate of occupancy may be issued contingent upon the extension of the security or letter of credit required under this chapter. All parking lots located in the front of buildings or adjacent to street rights of way shall be curbed.

      3.   Lighting: Any lighting used to illuminate any off street parking shall be so arranged as to reflect the light away from adjoining premises in any R district.

      4.   Access Driveways:

         (a)   All off street parking areas shall have access from driveways rather than from public streets.

         (b)   Said driveway access shall be limited to thirty feet (30') in width at the right of way line and thirty feet (30') at the public street paved surface, except that driveways which serve as access for truck off street loading areas in industrial districts shall be thirty two feet (32') at the street right of way line along collector streets and sixty feet (60') at the street right of way line along local streets.

      5.   Signs: Signs located in any parking area necessary for orderly operation of traffic movement shall be in addition to accessory signs permitted in other sections of this code.

   (E)   Plans Submitted to City Engineers: Plans for parking lots shall be submitted to the city engineer for approval before construction may begin.

      1.   Such plans shall indicate two foot (2') contours, paved surfaces, landscaping, drainage structures, lighting and other physical features.

      2.   Prior to approval of the parking lot plan, the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided to guarantee completion and compliance with the plan.

   (F)   Recreational Vehicle Parking: Recreational vehicles parked on residential property shall be registered to the owner or lessee of the property and display a current license and may be parked or stored on the lot as follows:

      1.   In the front yard, provided they are kept on a hard surfaced driveway. Recreational vehicles may not be parked in front of the principal building on a residential lot. Recreational vehicles may not be parked or stored on public property. Recreational vehicles parked on street right of way must comply with section 9-1-9 of this code.

      2.   In the side or rear yard, recreational vehicles shall be parked or stored on asphalt, concrete, or decorative landscape rock.

         (a)   All hard surfaced parking areas in the side or rear yard shall maintain a five foot (5') setback from the side or rear lot lines.

         (b)   All decorative landscape rock parking areas may be located in the side or rear yards abutting the property line. The decorative rock parking areas shall be installed to a depth of four inches (4") and lined with a commercial grade weed preventative mesh under the rock to impede the growth of weeds. No class V(5) rock or gravel is allowed. Edging shall be installed to prevent the rock from spreading from the designated parking area. The designated parking area may not impede the drainage within the side or rear yard utility easements or inhibit access to the easements.

         (c)   The above section shall also apply to utility trailer parking.

   (G)   Commercial Vehicle Parking on Residential Property: No commercial vehicles or contracting or excavating equipment may be parked, stored or otherwise located on any residential lot within the city except as provided herein:

      1.   Class I Commercial Vehicles:

         (a)   Class I commercial vehicles may be parked or stored on a residential lot with a minimum lot size of two and one-half (2-1/2) acres. The commercial vehicle must be entirely screened from neighboring residential property with a one hundred percent (100%) opaque screen consisting of wooden fencing, landscaping, berms or a combination of the foregoing. A commercial vehicle shall not be parked or stored within one hundred fifty feet (150') of any neighboring residential dwelling unit.

         (b)   Class I commercial vehicles may be parked on a residential lot when loading, unloading, rendering a temporary service benefiting the premises or providing emergency services.

      2.   Class II Commercial Vehicles: Class II commercial vehicles may be parked on a residential lot if used as the resident's primary form of transportation to their job or if associated with a permitted home business.

      3.   Class I or Class II School Buses: A class I or class II school bus may be parked on a residential lot (Monday through Friday) between the hours of eight thirty o'clock (8:30) A.M. and five o'clock (5:00) P.M.

   (H)   Parking of Bicycles: In the SSMU (Spruce Street Mixed Use) district, bike parking spaces shall be installed at ten percent (10%) of the total number of automobile spaces within the development. For convenience and security, bicycle parking facilities shall be located near building entrances, shall be placed parallel to the sidewalks, shall be easily visible and shall not be located in remote automobile parking areas. Such facilities shall not, however, be located in places that impede pedestrian or automobile traffic flow or that would cause damage to plant material. Bike racks shall provide a means for the bicycle frame and one wheel to be attached to a permanent fixture (designed for securing bicycles) by means of a lock.

(Ord. 002-469, 2-19-2002; amd. Ord. 002-476, 5-6-2002; Ord. 004-519, 9-20-2004; Ord. 004-521, 11-15-2004; Ord. 006-548, 2-6-2006; Ord. 021-761, 8-16-2021; Ord. 2024-04, 3-18-2024)

There shall be provided adequate off street loading space in connection with any structure which requires receipt or distribution of materials by vehicles on a regular basis.

   (A)   Location:

      1.   All loading areas shall be situated on the same lot as the building or use to be served.

      2.   Where a loading area faces a public street or residential district, the required width of maintained landscaped yard, including plant materials, berms and/or fences, shall be based upon the street classification system as follows:

 

 

   (B)   Surfacing And Use:

      1.   Loading berths and access driveways shall be surfaced with concrete or bituminous material.

      2.   Loading berths and access driveways shall not be used for the storage of goods or inoperable vehicles. (Ord. 002-469, 2-19-2002)

Accessory structures shall be permitted uses in residential districts and conditional uses in business and industrial districts subject to the following conditions:

   (A)   Residential:

      1.   Accessory structures shall be located behind principal structure in the side or rear yard and at least ten feet (10') away from any structure.

      2.   Storage sheds shall not exceed twelve feet (12') in building height and two hundred forty (240) square feet.

      3.   Accessory structures shall meet the minimum requirements of the building code as approved by the building inspector.

      4.   Accessory structures over two hundred (200) square feet require a building permit.

      5.   Storage sheds are required to be anchored to the ground.

      6.   Accessory structures over two hundred forty (240) square feet require a foundation or floating slab.

      7.   Accessory structures at one thousand (1,000) square feet and above require frost footings and foundation.

      8.   Detached garages shall be constructed of similar materials as the principal structure. (Ord. 015-696, 3-16-2015)

   (B)   Commercial and industrial:

      1.   Accessory structures shall be approved as part of the conditional use process.

      2.   Accessory structures shall be constructed of similar materials as the principal structure.

      3.   Accessory structures shall comply with minimum requirements of subsection (A) of this section. (Ord. 009-607, 8-3-2009)

Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. The temporary structures are subject to the Minnesota state building code and permits may be issued by the city zoning officer for a six (6) month period. (Ord. 002-469, 2-19-2002)

   (A)   All interior lighting shall be designed and arranged so as to not direct any illumination upon or into any contiguous residential districts.

   (B)   No exterior lighting shall be arranged and designed so as to create direct viewing angles of the illumination source by pedestrian or vehicular traffic in public right of way.

   (C)   Lenses, deflectors, shields, louvers and prismatic control devices shall be utilized so as to eliminate nuisance and hazardous lighting.

   (D)   Reflected glare from exterior lighting or from high temperature processes such as combustion or welding shall not be directed into any adjoining property.

   (E)   In no case shall reflected glare or spill light exceed five- tenths (0.5) foot-candle as measured on the property line when abutting residential zones and 1.0 foot-candle measured on the property line when such line abuts a similar zone and land. (Ord. 002-469, 2-19-2002)

The screening required in this section shall consist of a fence, landscaping or earth berm and shall not encroach into public right of way. Natural features such as differences in elevation and tree masses may negate the need for manmade screening in certain areas:

   (A)   Screening in Residential Districts: Screening shall be required in residential districts where:

      1.   Any off street parking lot contains more than six (6) parking spaces.

      2.   Any material and equipment is stored with the exception of recreational equipment or construction material currently being used on the premises.

   (B)   Screening in Business Districts: A one hundred percent (100%) opaque screen consisting of: 1) a six feet (6') to eight feet (8') opaque maintenance-free fence and landscaping, 2) landscaping and berms, or 3) a combination of both shall be required in business and industrial districts where:

      1.   Any structure or parking is adjacent to and within one hundred feet (100') of property zoned for residential use.

      2.   Any side or rear yard of a business that is across the street from a residential zone.

      3.   All loading docks; commercial facilities with drive-through services; automotive repair and service; car washes; and other similar high activity uses associated with the building, adjacent to residential districts, shall be screened from adjacent property or street right of way by a six foot (6') opaque fence or masonry wall.

   (C)   Screening in Industrial Districts:

      1   Any structure, parking, or outdoor storage area, except for display yards or for those currently being used for construction on the premises, located within one hundred feet (100') of property zoned for residential use requires screening. Any side or rear yard of an industrial property that is across the street from a residential zone also requires screening. Outdoor storage areas shall not be viewed from CSAH 50 or CSAH 31. nor shall any articles, goods, materials, incinerators, storage tanks, refuse containers or like equipment be kept in the open or exposed to CSAH 50 or CSAH 31. Outdoor storage areas do not require screening within any interior lot that is not exposed to CSAH 50 or CSAH 31. Required screening shall include either of the two following options:

         (a)   A six (6) to eight foot (8') tall opaque maintenance free fence and landscaping. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection. The design and materials used in constructing a required landscape screen with fence shall be subject to the approval of the planning division, and shall include the following:

         (1)   Plant material shall be not located within drainage and utility easement and not closer than five feet (5') from the fence line or property line.

         (2)   Landscape screen plant material shall be in two (2) or more rows and staggered.

         (3)   Shrubs shall be arranged to lessen the visual gaps between trees. Deciduous shrubs shall not be planted more than four feet (4') on center, and/or evergreen shrubs shall not be planted more than three feet (3') on center.

         (4)   Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted not more than fifteen feet (15') apart.

         (b)   Landscaping and minimum six foot (6') tall berms. The landscape screen shall follow the requirements in subsection (C)1 of this section. The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the city engineer. The earth berm shall contain no less than four inches (4") of topsoil.

      2.   Loading dock areas shall be landscaped and/or screened so that the visual and acoustic impacts of their function is fully contained and out of view of adjacent properties and public streets. The required width for a landscaped yard along a local collector/industrial or local street is ten feet (10').

      3.   Trash containers or trash compactors shall not be located within twenty feet (20') of any street, sidewalk or internal pedestrianway and shall be screened by a six foot (6') masonry wall on three (3) sides of the trash unit.

   (D)   Screening in Mixed Use Districts: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas, and other areas which tend to be unsightly, shall be accomplished by use of a fence, wall, landscaping, or any combination of these elements-Screening shall block views from public rights of way, private street, and off street parking areas, and shall be equally effective in winter and summer. Chain link and slatted fencing are prohibited.

   (E)   Screening of Stored Waste Material: Screening shall be required in all districts where waste material is stored other than in an enclosed building. (Ord. 002-469, 2-19-2002)

   (F)   Screening of Roof Mounted Equipment: All new construction in the R-1 (nonresidential uses only), R-2 (nonresidential uses only), R-3 (nonresidential uses only), R-5, B, I-1, IP, SSC, business/commercial flex, and mixed use zoning districts shall require rooftop equipment to be centrally located, except in cases where the property owner can show that this is not feasible, in which case the most unobtrusive feasible rooftop location shall be used. Screening shall consist of either a parapet wall along the roof edge or an opaque screen constructed of the same material as the building's primary vertical exposed exterior finish. Equipment shall be painted a neutral color. The site plan shall indicate all mechanical rooftop equipment and shall include elevations.

   (G)   Screening of Double Frontage Lots Adjacent to Collector and Minor Arterial Roadways: All subdivided land, included in all districts, which backs up to a collector or minor arterial street, either at right angles or parallel to the collector or arterial, shall provide for each double frontage lot an additional twenty feet (20') from the edge of the right of way line toward the property in order to allow space for buffering/screening along the back lot line. The developer shall be required to install the screening and this area may be screened by either a six foot (6') high wood fence with landscaping located between the fence and the property line, a berm with landscaping, a hedgerow, or an opaque landscaped screen. The plantings should be installed in order to provide one hundred percent (100%) screening of rear buildings from the collector or minor arterial street. (Ord. 005-545, 10-17-2005; amd. Ord. 009-613, 10-19-2009; Ord. 021-761, 8-16-2021)

   (A)   Purpose: The purpose of this landscaping regulation is:

      1.   To provide vegetation to enhance the architecture of structures and soften and enhance the visual impact of buildings and paved areas.

      2.   To minimize environmental effects of a development on a particular site and surrounding area by providing shade, erosion control, air purification, groundwater recharge, oxygen regeneration and noise, glare, and heat abatement.

      3.   To protect and preserve the appearance, character, and value of property and thereby promote the general welfare of the city.

      4.   To buffer conflicting land uses and enhance the quality and appearance of the entire site.

   (B)   Landscape Plan Requirements: Plans for required landscaping in the B-1, B-2, B-3, SSMU, MUCI, MUCR, and I districts and for multi-family dwellings shall be submitted to the planner for approval before any permits are issued. The plan shall be based on accurate final site plans and consist of a planting plan and exterior lighting plan. A registered landscape architect, registered architect, certified arborist, horticulturist or landscape designer shall prepare the plan.

   (C)   Landscape Plan Contents: A landscape plan shall include the following information:

      1.   North point and graphic scale, not less than one inch (1") to one hundred feet (100').

      2.   The name of the project; developer; owner; and the person who prepared the plan, with their professional designation; and the date and revision dates of the plan.

      3.   Accurate final grades at two foot (2') contour intervals.

      4.   The location and dimensions of all existing and proposed structures, parking lots and drives, curbs, sidewalks, refuse disposal areas, fences, storm drainage systems, freestanding electrical equipment, recreational facilities and other freestanding structural features as determined necessary by the city.

      5.   The location, size, and type of all overhead, at grade, and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation.

      6.   The location, type, sizes and quantity of all proposed landscape materials shall be delineated on the plan. Proposed plant material shall be shown at maturity and called out on plan by common name or appropriate key.

      7.   All plans shall be accompanied by a list or schedule of proposed landscape material, including common and botanical name, the quantity of proposed plants and trees, their height, caliper or gallon size and any requirements during installation.

      8.   Location of hose connections and other watering sources including the location of irrigation systems.

      9.   Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation must be illustrated and explained. Any existing trees, twelve inch (12") diameter or larger measured at four and one-half feet (41/2') above ground that are proposed for removal, must be included on the plan.

      10.   Water permeability test results are required to be shown on the landscape plan. See subsection (E)2 of this section for testing techniques.

   (D)   General Landscaping:

      1.   Landscaping Required: All areas not covered by buildings, paved areas, or other acceptable improvements shall be finish graded and installed with turf grass or other acceptable plant material. Any outdoor storage area shall be surfaced to control dust.

      2.   Developed Uses: In all residential, business and industrial districts, except in B-2, developed uses shall provide a landscaped yard along all public streets. This yard shall be free from structures, storage and off street parking, except for driveways, and shall be at least ten feet (10') in depth.

      3.   Business Uses: Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1, R-2, R-3, and R-5) a landscaped yard ten feet (10') in width shall be installed; the required one hundred percent (100%) screening (plant material, fence, etc.), as described in Sec. 10-6-9, shall be installed within the landscaped yard.

      4.   Industrial Uses:

         (a)   Where lots or parcels in any nonresidential zoning district are within one hundred feet (100') of a residential zoning district (R-1. R-2. R-3. and R-5) a landscaped yard twenty-five feet (25') in width shall be installed; the required one hundred percent (100%) screening (plant material, fence, etc.). as described in Sec. 10-6-9. shall be installed within the landscaped yard.

         (b)   All open spaces shall be dustproofed. surfaced, landscaped, rockscaped or devoted to lawns.

         (c)   Not less than two-thirds (2/3) of the required building setback area from any dedicated street shall be landscaped with lawns, trees, shrubs and walkways.

         (d)   Landscaping shall be installed within ninety (90) days of occupancy or substantial completion of building, whichever occurs first, weather permitting.

      5.   High Density: High density residential developments which range from seven (7) and sixty (60) units per acre shall include at least twenty percent (20%) of the parcel as landscaped open space and ten percent (10%) of the parcel must be developed for private recreation and/or common open space.

      6.   New Construction: New business construction in the B-1 limited business district shall maintain a minimum of ten percent (10%) of the site area as landscaped open space devoted to pedestrian use.

      7.   Off Street Parking: Any off street parking lot containing more than six (6) parking spaces shall be landscaped along the perimeter of the parking lot as follows:

         (a)   Number of Plant Materials: One tree and three (3) shrubs for every forty feet (40') of parking lot perimeter installed as close to forty feet (40') as possible along the parking lot frontage, allowing for utilities and intersection visibility requirements, in order to shade and enhance the appearance of the parking lot. Shrub plantings should be planted in groups of three (3) or more and installed to visually buffer the parking lot and roadway.

         (b)   Minimum Landscape Area: A continuous nonpaved area at least ten feet (10') in width, shall be located between the edge of the parking lot and the property line.

         (c)   Plant Species: Large canopy trees should be installed to provide shade for parking spaces. Evergreen trees should be used to screen parking lots and interior roadways. Visual buffers shall be a maximum of three feet (3') in height at maturity. No plant material or berm may be located so as to obstruct the sight distance of motorists entering or leaving the site.

      8.   Parking Lots: Any parking lot containing more than twenty (20) parking spaces shall provide landscaping as follows:

         (a)   Number of Plant Materials: A minimum of one tree and three (3) shrubs for every twenty (20) parking spaces is required. Each interior island shall have at least one canopy tree that does not impede vehicular visibility.

         (b)   Location of Interior Islands: A minimum of one interior planting island for every twenty (20) parking spaces is required and shall be dispersed throughout the parking lot with the final layout design subject to review by the community development department.

         (c)   Interior Planting Island: The planting island shall have a minimum width of eight feet (8'), a maximum length of sixteen feet (16'), and a minimum area of one hundred twenty eight (128) square feet. A minimum of seventy percent (70%) of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. The shrubs and ground cover shall be a maximum height of three feet (3') at maturity. The remaining area of the interior planting island shall be covered with an organic mulch.

         (d)   Location of Conduits: In cases where lighting conduits are installed within the interior planting islands, the conduits shall be located along the edge of the curb and not through the middle of the island in order to allow for the installation of plant material.

         (e)   End Islands of Parking Aisles: The end islands of all parking aisles and corners must be a minimum width of eight feet (8') and a maximum length of sixteen feet (16') for a single parking aisle or thirty two feet (32') for double parking aisles. The end islands shall be landscaped as required above.

         (f)   Concrete Curbing: Concrete curbing is required for parking islands within the parking lot area.

         (g)   Suggested Location of Interior Islands for Safety: Parking lots shall be designed to promote safety for automobile drivers and pedestrians. In designing parking spaces, the driving aisles should be aligned toward the major destination as permitted by topography. This allows for pedestrian traffic to move through the aisles instead of crossing parking bays. One solution to quality parking is to locate a planting island between parked cars and install a sidewalk for easy access to the major destination as permitted by topography. Plantings may be located along the sidewalk to promote an aesthetic approach toward the building.

   (E)   Planting Requirements:

      1.   Specifications: The minimum planting sizes for all plant material is the following:

         (a)   Evergreen trees: Six feet (6') in height as specified by the American Association of Nurserymen, except for the true dwarf varieties.

         (b)   Ground cover plants: Crowns, plugs, containers, in a number as appropriate by species to provide fifty percent (50%) surface coverage after one growing season. The species must provide seventy five percent (75%) to one hundred percent (100%) surface coverage after two (2) growing seasons.

         (c)   Medium and large deciduous shade trees: Two inch (2") caliper, as measured six inches (6") above the ground as specified by the American Association Of Nurserymen.

         (d)   Shrubs (deciduous and evergreen, including spreader and globe tree forms): Twelve inches (12") to eighteen inches (18") in height.

         (f)   Sod: As required to provide coverage and soil stabilization. Sod is required in the street side yard or front yard and seeding may be planted within other areas of the yard.

         (g)   Turf and native grass: Seeding as appropriate to provide complete coverage within the first growing season.

      2.   Soil Specifications: The landscape plan must contain results of a water permeability test. A water permeability test is required in order to determine the type of soil the plant material is planted in. This requires a sharp shooter spade dug eighteen inches (18") into the ground. Fill the hole with water and if after eighteen (18) hours the hole still retains the water, the soil is determined to be too poor for planting.

      3.   Poor Soil Remedies: If the soil is determined to be too poor for planting, the following two (2) possible remedies are recommended. The first remedy is to install a ten foot (10') wide raised planting bed in order to provide acceptable planting soil. The height of the bed is the amount of soil it takes to cover the root ball of the plant to a level of two inches (2") above the ball. The bed must be covered with four inches (4") of mulch to provide for moisture retention. A second remedy is to excavate the soil to the depth of the root ball, allowing the root ball to rest on the clay soil. Excavate an area five (5) times the size of the root ball and replace the soil with quality planting soil. This will allow the tree roots to spread into adequate soil and provide an established root system before spreading into the poorer soil.

   (F)   Lot Frontage Tree and Boulevard Tree Species:

      1.   Prohibited Species:

         (a)   In no cases shall prohibited species be planted as boulevard trees. Prohibited species are defined as the following trees:

         Ash species

         Box elder

         Evergreens

         Ginkgo (female only)

         Nondisease resistant elm species

         Nonhybrid cottonwood species

         Silver maple

         (b)   In no cases shall prohibited species be planted as lot frontage trees. Prohibited species are defined as the following trees:

         Ash species

         Box elder

         Nondisease resistant elm species

         Nonhybrid cottonwood species

         Silver maple

      2.   Landscape Plan: Developers of new developments must submit a landscape plan to the planning division. The planning division will be responsible for approving appropriate lot frontage and boulevard tree plantings. The lot frontage trees are required in the front yards of lots in new developments. Boulevard trees in new developments shall only be installed on city approved boulevard tree routes. The only exception would be if an agreement is made with a homeowners' association or other such organization where the responsibility to maintain the trees is that of the named organization in perpetuity.

         (a)   Spacing for Lot Frontage and Boulevard Trees:

            (1)   Lot frontage trees in new developments shall be installed on private property in the front yard at a minimum spacing of one tree for every forty feet (40') of lot frontage or one tree per lot if forty feet (40') is not feasible. The developer is responsible for installing the lot frontage trees per the landscape plan as required by the development contract. Special planting designs for lot frontage trees need to be approved by the planning division.

            (2)   Boulevard trees in new developments shall be located on city approved boulevard tree routes and be installed at a minimum spacing of one tree for every forty feet (40') of boulevard frontage or one tree per boulevard frontage if forty feet (40') is not feasible. The developer is responsible for installing the boulevard trees per the landscape plan as required by the development contract.

         (b)   Location for Lot Frontage and Boulevard Trees:

            (1)   Lot frontage trees in new developments shall be planted by the developer per the development contract on private property eight feet (8') from the front property line and shall be installed in a parallel line to the front lot line.

            (2)   Boulevard trees in new developments shall be planted by the developer per the development contract on city approved boulevard tree routes in the center of the city boulevard width between the property line and curb or the sidewalk and curb. The distance trees may be planted from curbs, sidewalks, trails, or pavement shall be no closer than four feet (4').

         (c)   Distance from Street Corners and Fire Hydrants: No lot frontage tree, boulevard tree, replacement tree, landscape material or fences shall be located within the triangle of visibility, which is the area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge or intersecting streets thirty feet (30'), and connecting their end points with a straight line. No lot frontage tree, boulevard tree, or replacement tree shall be planted closer than ten feet (10') from any fire hydrant.

         (d)   Utilities: No lot frontage tree, boulevard tree, or replacement tree may be planted within ten (10) lateral feet of any underground water line or sewer line (sanitary or storm) and two feet (2') from any other underground utility. Gopher State One shall be called to request locations of utilities.

   (G)   Tree Maintenance:

      1.   The natural resources program is designed to prescribe various levels of maintenance to city boulevard trees located within city boulevards.

         (a)   Planting Requirements: The natural resources division will review all planting of trees and shrubs within "city boulevards", defined as the area between property lines on either side of all streets, avenues, or ways within the city.

         (b)   Replacement of Trees:

            (1)   The city shall be responsible for removing existing boulevard trees that have died, are dying, or sustained severe damage. The city shall replace trees on designated boulevard tree routes.

            (2)   The owner of any lot of record may, at his or her own risk, replace a dead boulevard tree in the front yard of the home outside of side yard drainage and utility easements at eight feet (8') from the property line in front yard drainage and utility easements.

         (c)   Trimming Requirements: The city will be responsible for all trimming of boulevard trees. As these trees are on city property, and are essentially and legally city property, they must be maintained by the city to ensure that they are properly trimmed for structural integrity and disease control measures.

         (d)   Responsibility for Maintenance of Trees:

            (1)   The city will inspect and trim boulevard trees.

            (2)   The homeowner shall be responsible for trimming lot frontage trees or any other trees on private property.

         (e)   Height Standards: Trimming height standards must maintain a ten foot (10') clearance above any walkway and fourteen feet (14') above the roadway. These requirements provide clearance for walkers, snow removal equipment and solid waste vehicles.

         (f)   Brush from Pruning: The city will not collect any brush resulting from pruning or removal of trees or brush from private property.

         (g)   Emergency Collection of Brush: An emergency brush situation would occur when the public safety officer declares one to exist. Then and only then will the city collect brush generated by residents on private property, as a onetime emergency service.

   (H)   Tree Topping:

      1.   It shall be unlawful as a normal practice for any person to top any street tree, park tree or other tree on public property except as allowed in section 8-6-10 of this code. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the natural resources division.

   (I)   Pruning, Corner Clearance:

      1.   Prune branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of ten feet (10') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.

   (J)   Dead or Diseased Tree Removal on Private Property:

      1.   The city shall have the right to cause the removal of any dead or diseased trees on private property within the city in accordance with title 7, chapter 6 of this code when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees in the city. The natural resources division will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notices.

   (K)   Removal of Stumps:

      1.   All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

   (L)   Tree Protection in Construction Zones:

      2.   Replacement: If any of the trees required to be retained or trees planted as part of the landscaping plan should die within a period of two (2) years after completion of the activities associated with construction of the site, the owner of the property must replace the trees within six (6) months at a ratio of one to one (1:1) with an approved tree having a minimum diameter of two inches (2") measured at a point six inches (6") above the natural grade. Shrubbery or other plantings which die within two (2) years of completion of the activities shall be replaced in kind within six (6) months.

   (M)   Overhead Utility Line Planting Requirements:

      1.   Location: Overhead utility lines must be located on the landscape plan. In order to allow for maintenance of the lines, if an overhead utility line is located in the rear yard along the property line, the buffer plantings required in the buffer yard shall be installed following guidelines set below. If the overhead utility line is located in the rear yard, but five feet (5') to ten feet (10') from the property line, the screening and buffer yard plantings shall be installed along the property line with city staff approval.

      2.   Species: The following guidelines must be considered when planting near overhead utility lines. Considerations should be given to soil conditions, drainage, exposure, growth patterns, and local experience when selecting plant materials.

 

 

   (N)   Landscape Guarantee:

      1.   Guarantee: All new plantings shall be guaranteed for two (2) full years from the time planting has been completed. Plants not alive at the end of the guarantee period shall be replaced.

      2.   Surety: Prior to approval of the landscape plan, the applicant shall submit surety acceptable to the city administrator in the amount of the established costs of complying with the plan. The aforesaid surety shall be provided for guaranteeing completion and compliance with the plan.

      3.   Completion or Bond: A certificate of occupancy shall not be issued until either the landscaping is completed or a bond has been filed. (Ord. 016-716, 9-6-2016; amd. Ord. 021-761, 8-16-2021)

   (A)   Intent: It is the intent of the city of Farmington to protect, preserve and enhance the natural environment of Farmington, to encourage a resourceful and prudent approach to the development of wooded areas, and to retain, as far as practicable, substantial existing tree cover. The city recognizes the value of trees and woodlands for improving air quality, protection against wind and water erosion, shade, energy conservation, wildlife habitat, scenic beauty, and protecting the integrity of the natural environment.

   (B)   Definitions: Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and to give this section its most reasonable application.

   COMMON TREE: Includes ash, aspen, box elder, cottonwood, elm, hackberry, locust, poplar, silver maple, willow, and any other tree species not defined as a "hardwood deciduous tree" or a "coniferous/evergreen tree".

   CONIFEROUS/EVERGREEN TREE: A woody plant, which, at maturity, is at least twelve feet (12') or more in height and has foliage on the outermost portion of the branches year round. Tamaracks (larch) are included as a coniferous tree species.

   CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the topography, existing soil cover (both vegetated and nonvegetated), or the existing soil topography that may result in accelerated stormwater runoff, leading to soil erosion and movement of sediment into surface waters or drainage systems. Examples of construction activity may include clearing, grading, filling, excavating, building construction and landscaping.

   CONSTRUCTION DAMAGE: Any action such as filling, scraping, trenching or compacting the soil around trees or wounding trees in such a manner that it may result in the eventual death of the tree.

   CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius distance of one foot (1') per one inch (1") of tree diameter, e.g., a twenty inch (20") diameter tree has a critical root zone with a radius of twenty feet (20').

   DECIDUOUS TREE: A woody plant which, at maturity, is at least fifteen feet (15') or more in height, has a defined crown, and sheds leaves annually.

   DIAMETER: The diameter of the main stem of the tree at a point four and one-half feet (4.5') above the ground.

   DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree.

   HARDWOOD DECIDUOUS TREE: Includes birch, basswood, black cherry, catalpa, hickory, ironwood, hard maples, oak and walnut.

   INVASIVE TREE SPECIES: A tree species that is nonnative to the ecosystem and whose introduction causes economic or environmental harm. Invasive tree species include, but are not limited to, common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), tartarian honeysuckle (Lonicera tatarica), amur maple (Acer ginnala), and Siberian elm (Ulmus pumila).

   LANDSCAPING: Plantings such as trees, grass and shrubs.

   NUISANCE TREE: 1. Any living or standing tree or part thereof infected to any degree with a shade tree disease or shade tree pest.

      2.   Any logs, stumps, branches, firewood, or other part of dead or dying tree(s) infected with a shade tree disease or shade tree pest unless properly treated under the direction of the city forester-tree inspector.

      3.   Any standing dead trees or limbs which may threaten human health or property.

   SHADE TREE DISEASE: Includes Dutch elm disease (Ophiostoma ulmi), oak wilt (Ceratocystis fagacearum), or any other tree disease of epidemic nature.

   SHADE TREE PEST: Includes emerald ash borer (Agrilus planipenis), European elm bark beetle (Scolytus multistrialus), native elm bark beetle (Hylurgopinus rufipes) or any other shade tree pest with potential to cause widespread damage.

   SIGNIFICANT TREE: A healthy tree measuring a minimum of six inches (6") in diameter for hardwood deciduous trees, eight inches (8") in diameter for coniferous/evergreen trees, or twelve inches (12") in diameter for common trees, as defined in this section.

   SIGNIFICANT WOODLAND: A treed area of at least fifteen thousand (15,000) square feet or more which includes significant trees.

   SPECIMEN TREE: A healthy hardwood deciduous tree measuring equal to or greater than thirty inches (30") in diameter.

   WOODLAND PRESERVATION PLAN: A plan prepared by a certified forester or landscape architect that clearly shows which trees on a site are to be preserved, and what measures will be taken to preserve them. The plan will also include calculations to determine the number of replacement trees required.

   (C)   Applicability:

      1.   Woodland Preservation Plan: A woodland preservation plan shall be submitted to and approved by the city, and implemented in accord with the plan in connection with any of the following:

            (a)    New development in any zoning district.

            (b)    New building construction in any zoning district.

            (c)    Expansion of any existing commercial, industrial or institutional building where an approved tree preservation plan is not on file with the city.

            (d)    Any project for which a city land disturbance permit is required.

            (e)    Any landscape plan as required by section 10-6-10 of this chapter when significant trees or significant woodlands exist in the proposed construction zone.

      2.   Woodland Preservation Plan Requirements: The woodland preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees and/or smallest area of significant woodland are destroyed or damaged. The woodland preservation plan shall be a separate plan sheet(s) that include the following information:

            (a)    The name and address of the applicant, and status of the applicant with respect to the land.

            (b)    The name, telephone number(s) and address of the person responsible for tree preservation during the course of the development project.

            (c)    Written consent of the owner of the land, if the applicant is not the owner.

            (d)    Location of the property, including a street address and legal description.

            (e)    Boundary lines of the property with accurate dimensions as established by survey.

            (f)    Location of all existing and proposed structures, roads, utilities and driveways on the site.

            (g)    A tree inventory, indicating the size, species, general health, and location of all existing significant trees, specimen trees and significant woodlands located within the area to be developed or within the parcel of record. All significant trees and specimen trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both graphic and tabular form.

            (h)    Trees that were planted as part of a commercial business such as a tree farm or nursery do not need to be inventoried on an individual basis. A general description of the trees and an outer boundary of the planted area must be provided. The burden of proof shall be on the applicant to provide evidence to support the finding that the trees were planted as part of a commercial business.

            (i)    A listing of the total diameter inches of healthy significant trees inventoried in subsection (C)2(g) of this section. Dead, diseased or dying trees and invasive tree species do not need to be included in the totals.

            (j)    A listing of the total diameter inches of healthy significant trees proposed to be removed, total diameter inches of healthy hardwood deciduous trees to be removed, total diameter inches of healthy coniferous/evergreen trees to be removed, and total diameter inches of common trees to be removed.

            (k)    Outer boundaries and areas (acres) of all contiguous wooded areas or significant woodlands, with a general description of the natural community type or predominant canopy tree species not meeting the significant tree size threshold.

            (l)    Locations of the proposed buildings, structures, or impervious surfaces.

            (m)    Delineation of all areas to be graded and limits of land disturbance, showing one foot (1') or two foot (2') contour intervals.

            (n)    Measures proposed to be implemented to protect significant trees and specimen trees, including required protective measures and any additional protective measures as identified in this section.

            (o)    Size, species, number and location of all replacement trees or woodlands to be planted on the property in accord with the tree replacement schedule. Replacement trees or woodlands shall not include invasive tree species.

            (p)    Signature and qualifications of the person(s) preparing the plan. The plan shall be certified by a forester, ecologist, landscape architect or other qualified professional retained by the applicant.

      3.   Submission Requirements: The woodland preservation plan shall be submitted with any preliminary plat plan, site plan or landscape plan, as required by the regulations of this code; or incorporated as part of a grading plan and application for any grading permit as required by this code.

      4.   Implementation: All sites shall be staked, as depicted in the approved tree preservation plan, and the required tree protection fencing shall be installed before land disturbance is to commence. The city shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment, land disturbance, trenching, filling, compaction or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved.

      5.   Allowable Tree Removal: Up to thirty percent (30%) of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when removal exceeds more than thirty percent (30%) of the total significant tree diameter inches.

The following types of trees do not need to be included as part of the tally of tree removals:

            (a)    Dead, diseased, or dying trees.

            (b)    Trees that are transplanted from the site to another appropriate area within the city.

            (c)    Trees that were planted as part of a commercial business such as a tree farm or nursery.

            (d)    Invasive tree species.

      6.   Mitigation: In any development where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by:

            (a)    Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; or

            (b)    Planting replacement trees on city property under the direction of the parks and recreation director or natural resource specialist; or

            (c)    Paying the city the fee set forth in the fee schedule adopted by city council by ordinance. The payment shall be deposited into an account designated specifically for tree planting.

      7.   Tree Replacement Calculations: Thirty percent (30%) of the total diameter inches of significant trees on the site may be removed without replacement. The allowable thirty percent (30%) removal is first credited to the common trees removed, then the conifers, and lastly the hardwood species.

The following calculation procedure must be used to determine tree placement requirements:

            (a)    Calculate thirty percent (30%) of the total diameter inches of significant trees on the site. This is the allowable tree removal limit, or the number of inches that can be removed without replacement.

            (b)    Subtract the total diameter inches of common tree species that will be removed from the allowable limit.

            (c)    If there are any allowable inches left, subtract the total diameter inches of coniferous/evergreen tree species that will be removed from the remaining allowable inches.

            (d)    If there are any allowable inches left, subtract the total diameter inches of hardwood deciduous tree species that will be removed from the remaining allowable inches.

If at any point in the above calculation procedure the number of inches to be removed exceeds the thirty percent (30%) allowable removal limit, the remaining inches of removal above the allowable limit must be replaced according to the tree replacement schedule in subsection (C)8 of this section.

      8.   Tree Replacement Schedule: Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule:

            (a)    Common tree species shall be replaced with new trees, at a rate of one-eighth (1/8) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 8 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") diameter.

            (b)    Coniferous/evergreen species shall be replaced with new trees, coniferous or deciduous, at a rate of one-fourth (1/4) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 4 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") in diameter. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used:

Height of replacement coniferous tree/2 = Diameter inches of credit

            (c)    Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half (1/2) the diameter inches lost (i.e., 1 inch diameter of replacement trees for each 2 inches of tree diameter lost). Replacement trees must be a minimum of one inch (1") in diameter.

      9.   Significant Woodland Replacement: All significant woodlands removed must be replaced by the applicant. The number of replacement trees shall be determined by either of the following methods. Either method of replacement may be used when the number of replacement trees required is equal, or the applicant shall utilize the method that yields the greater number of replacement trees:

            (a)    Replacement of significant trees within the significant woodland that are damaged or destroyed, per the tree replacement schedule described in subsection (C)8 of this section.

            (b)    Replacement for every one hundred twenty five (125) square feet of significant woodland damaged or destroyed, or increment thereof, with:

               (1)    One deciduous tree of at least four (4) caliper inches or one coniferous tree at least twelve feet (12') tall; or

               (2)    Two (2) deciduous trees of at least 2.5 caliper inches or two (2) coniferous trees at least six feet (6') tall; or

               (3)    Four (4) deciduous trees of at least 1.5 caliper inches or four (4) coniferous trees at least four feet (4') tall.

            (c)    Trees planted to replace significant woodlands must be arranged in stands to provide a habitat similar to the damaged or destroyed habitat. An appropriate native understory seed mix must be planted along with the replacement trees.

      10.   Species Requirement: The city must approve all species used for tree replacement. Ornamental trees are not acceptable for use as replacement trees. Where ten (10) or more replacement trees are required, not more than thirty percent (30%) of the replacement trees shall be of the same species.

      11.   Warranty Requirement: Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two (2) years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight (8) months of removal.

      12.   Performance Guarantee: The applicant shall provide the required performance guarantee following preliminary approval of the woodland preservation plan, and prior to any construction and/or grading. The amount of the performance guarantee shall be based on the city's fee schedule.

      13.   Required Protective Measures: The woodland preservation plan shall identify the measures to be utilized to protect significant trees. The following measures are required to be utilized to protect significant trees:

            (a)    Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area.

            (b)    Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant.

            (c)    Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints.

            (d)    Removal of any nuisance trees located in the areas to be preserved.

      14.   Additional Protective Measures: The following measures to protect significant trees that are intended to be preserved according to the submitted tree preservation plan may be required by the city:

            (a)    Installation of retaining walls or tree wells to preserve trees.

            (b)    Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation.

            (c)    Use of tree root aeration, fertilization, and/or irrigation systems.

            (d)    Therapeutic pruning.

      15.   Incentives For Woodland Protection: As an incentive to protect contiguous wooded areas, the city will allow the following:

            (a)    Density Transfer: Density of units that would be allowed in a protected woodland area may be transferred to other areas of the development, in excess of the density limits of the underlying zoning district. In order for the density transfer to be approved, the protected woodland must be an easement dedicated to the city.

            (b)    Unit Bonus: For each acre of wooded area preserved and dedicated to the city over and above the normal ten percent (10%) park land dedication, the developer will be allowed an additional unit above the original unit allocation.

            (c)    Tree Bank Areas: Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area permanently dedicated to the city over and above the normal park land dedication, the developer will be allowed an additional unit above the original unit allocation. The dedication may include establishment of a fund for maintenance of the tree bank, based on the recommendation of the park and recreation director or the natural resource specialist. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be usable upland (not wetlands, ponds or utility easements, etc.). The city retains the right to determine whether or not it will accept the property proposed to be dedicated for a tree bank.

      16.   Compliance With The Woodland Protection Plan: The applicant shall implement the woodland preservation plan prior to and during any construction. The woodland protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the woodland and tree protection measures is made to, and approved by, the city.

            (a)    No significant trees shall be removed until a woodland preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s) intended to be preserved is removed without permission of the city or damaged so that it is in a state of decline within one year from the date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree in the amount set forth in the city fee schedule, shall be remitted to the city.

            (b)    The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved woodland preservation plan. The city shall determine whether compliance with the woodland preservation plan has been met.

      17.   Existing Developed Commercial Properties:

            (a)    Trees that are removed that were part of an approved landscape plan must be replaced in accordance with the original landscaping plan, unless city approval is obtained for an alternative landscape plan.

            (b)    Trees that are removed that were part of a designated woodland preservation area must be replaced in accordance with the tree replacement requirements outlined in this section. The thirty percent (30%) allowable tree removal limit does not apply in these situations.

      18.   Exceptions:

            (a)    Exception Standards: Notwithstanding the city's desire to accomplish the tree protection goals outlined in this section, there may be instances where these goals are in conflict with other city objectives. These conflicts are most likely to occur on small, heavily wooded parcels. At the discretion of the city council, exceptions may be granted if all of the following conditions exist:

               (1)    The subject parcel is five (5) acres in size or less.

               (2)    It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space.

               (3)    Strict adherence to the requirements of this section would prevent reasonable development that is consistent with the comprehensive plan and desirable to the city on the parcel.

               (4)    The exception requested is the minimum needed to accomplish the desired development.

            (b)    Exception Provisions: If an exception is granted, relief from the requirements of this section may take the form of reduced mitigation requirements, greater allowable tree removal, higher thresholds for determining significant trees or any combination of the above. The city council will approve the form of relief that best balances the objectives of the city and tree preservation. (Ord. 011-634, 5-16-2011)

Fences shall be permitted in all yards subject to the following:

   (A)   Residential Fence Heights: In residential districts four foot (4') fences may be located on any lot line except that fences on interior lots may be six feet (6') in height on the side and rear lot lines beginning at the nearest front corner of the principal building.

   (B)   Corner Lots: Fences up to six feet (6') in height may be constructed on the side and rear lot lines behind the nearest front corner of the principal building subject to the following:

      1.   The front corner of the principal building is defined as beginning at the widest point of the structure's front street facing foundation as determined by its street address.

      2.   No fence over four feet (4') in height shall be located within the triangle of visibility which is that area within a triangle created by measuring from a point on the curb or edge of the street closest to the center of the intersection, down the front curb lines or edge of the intersecting streets thirty feet (30'), and then connecting these end points with a straight line.

      3.   When a fence is adjacent to a driveway of a neighboring lot, a five foot (5') triangle of visibility or a five foot (5') setback along the streetside shall be provided at the intersecting lot lines.

   (C)   Varying Setbacks: Should the fence be located between principal buildings with varying setbacks on adjacent lots, a fence up to six feet (6') in height may not extend beyond the average setback of the two (2) buildings.

   (D)   Variance: A variance is required for fences over six feet (6') and up to eight feet (8') in height when constructed within the buildable areas of lots in residential districts.

   (E)   Commercial And Industrial Districts: Fences located within commercial and industrial districts may be located on any lot line up to a height of eight feet (8') except in the required front yard.

   (F)   Building Permit: An application for a building permit is required for all fences exceeding six feet (6') in height.

   (G)   Materials: Fences in all districts, except agricultural, shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting, metal sheeting or similar material shall be used for any fence construction. Electric fences are prohibited.

   (H)   Maintenance: All fences shall be maintained in good condition and vertical position, and any missing or deteriorated wood slats, pickets, other fencing material, or structural elements shall be replaced in a timely manner with the same quality of material and workmanship.

(Ord. 002-469, 2-19-2002; amd. Ord. 2024-04, 3-18-2024)

Vehicles may be advertised for sale from the titleholder's property provided that they observe district setback requirements and are displayed on the titleholder's private driveway or parking area. Not more than one vehicle may be so displayed. No vehicles may be advertised for sale from public property. (Ord. 002-469, 2-19-2002)

Towers, monopoles, and antennas are necessary to facilitate and accommodate the communication needs of the residents and businesses of the city. The purposes of this section are:

   (A)   Purpose:

      1.   To provide for wireless telecommunication services for the residents and businesses of the city;

      2.   To minimize adverse visual impacts of telecommunication towers and facilities through design, siting, landscaping, and innovative camouflaging techniques;

      3.   To promote and encourage shared use and collocation of telecommunication towers and antenna support structures so as to reduce the number of towers needed to serve the area;

      4.   To avoid damage to adjacent properties caused by telecommunication towers and facilities by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used or when determined to be structurally unsound.

   (B)   Districts Allowed:

      1.   Towers supporting amateur radio antennas and conforming to all applicable provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.

      2.   Towers or monopoles supporting commercial antennas and conforming to all applicable provisions of this code shall be allowed as a conditional use within the A-1, B-1, B-3, I-1, IP and P/OS districts (parks with facilities).

      3.   Towers, monopoles or antennas shall be allowed in the following residentially zoned locations: schools, churches, public buildings, hospitals, and clinics and shall conform to all applicable provisions of this code and shall be allowed as a conditional use. The maximum height of the towers, monopoles or antennas is seventy five feet (75') for these residentially zoned locations.

      4.   Antennas may be mounted on structures that serve other purposes such as light standards, emergency siren poles, or public utility poles provided they conform to all applicable provisions of this code and shall be allowed as a conditional use. Structures must be engineered to withstand the additional load of an antenna.

      5.   Use of existing towers is encouraged and will be exempt from the conditional use process. Permitting will involve the requirements listed in this section.

   (C)   Collocation Requirement:

      1.   A proposal for a new personal wireless communication service tower/monopole shall not be approved unless it can be documented by the applicant that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower/monopole or building within a one-half (1/2) mile radius of the proposed tower/monopole due to one or more of the following reasons:

            (a)    The planned equipment would exceed the structural capacity of the existing or approved tower/monopole or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower/monopole cannot be reinforced or modified to accommodate planned equipment at a reasonable cost.

            (b)    The planned equipment would cause interference with other existing or planned equipment at the tower/monopole or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost.

            (c)    No existing or approved towers/monopoles or commercial/industrial buildings within a one-half (1/2) mile radius meet the radio frequency (RF) design criteria.

            (d)    Existing or approved towers/monopoles and commercial/industrial buildings within a one-half (1/2) mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

            (e)    The applicant must demonstrate that a good faith effort to collocate on existing towers/monopoles and structures within a one-half (1/2) mile radius was made, but an agreement could not be reached.

      2.   Any proposed commercial wireless telecommunications service tower/monopole shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two (2) additional users if the tower is over one hundred feet (100') in height or for at least one additional user if the tower/monopole is over seventy five feet (75') in height. Towers/monopoles must be designed to allow for future rearrangement of antennas upon the tower/monopole and to accept antennas mounted at varying heights.

   (D)   Tower/Monopole Construction Requirements: All towers/monopoles erected, constructed or located within the city, and all wiring therefor, shall comply with the requirements of this section.

   (E)   Tower, Monopole, And Antenna Design Requirements: Towers, monopoles, and antennas shall be designed to blend into the surrounding environment through the use of color except in instances where the color is dictated by federal or state authorities. One monopole allowed in parks with facilities. No crows nests, platforms, or guywires allowed on monopole in any approved district. Antenna arms are to be separated by ten feet (10').

   (F)   Tower/Monopole Setbacks: Towers shall conform with each of the minimum setback requirements:

      1.   A tower/monopole in parks with facilities will be set back seventy five feet (75') from the property line except when qualified engineer report specifies that any collapse of pole will occur within a lesser distance.

      2.   Towers/monopoles in agricultural districts will be set back from the property line four feet (4') for every foot of height exceeding forty five feet (45').

      3.   Towers/monopoles in industrial districts will be set back from the property line two feet (2') for every foot of height exceeding forty five feet (45').

      4.   In the B-1, B-3 and IP zoning districts, a monopole will be set back seventy five feet (75') from the property line except when qualified engineer report specifies that any collapse of pole will occur within a lesser distance.

   (G)   Tower And Monopole Height: Towers/monopoles, including all attached antennas, shall be limited to a maximum height of two hundred feet (200'). A monopole in parks with facilities shall be limited to a maximum height of seventy five feet (75'). Towers, monopoles or antennas shall be limited to a maximum height of seventy five feet (75') for residentially zoned locations: schools, churches, public buildings, hospitals, and clinics.

   (H)   Tower/Monopole Lighting: Towers, monopoles and their antennas shall not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower/monopole for a parking lot or a ball field) or the illumination is specifically required by the federal aviation administration or other authority.

   (I)   Signs And Advertising: The use of any portion of a tower/monopole for signs other than warning or equipment information signs is prohibited.

   (J)   Accessory Utility Buildings: All utility buildings and structures accessory to a tower/monopole shall be architecturally designed to blend with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which they are located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the adjoining neighborhood.

   (K)   Abandoned Or Unused Towers, Monopoles, Antennas Or Portions Of Towers, Monopoles, Antennas:

      1.   All abandonments or unused towers, monopoles, antennas and associated facilities shall be removed within ninety (90) days of the cessation of operations at the site unless a time extension is approved by the city planner. In the event that a tower is not removed within ninety (90) days of the cessation of operations at the site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. A permit fee for the abandonment of the tower, monopole, or antenna shall be set by the city council.

      2.   Unused portions of towers, monopoles, or antennas above a manufactured connection shall be removed within ninety (90) days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit.

   (L)   Antennas Mounted On Roofs, Walls And Existing Towers/Monopoles: The placement of wireless telecommunications antennas on roofs, walls and existing towers/monopoles may be approved by the building official, provided the antennas meet the requirements of this code, after submittal of:

      1.   A final site and building plan.

      2.   A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower suitability to accept the antenna, and the proposed method of affixing the antenna to the structure.

   (M)   Interference With Public Safety Telecommunications: All applications for new telecommunications service shall be accompanied by an intermodulation study prepared by a registered professional engineer which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before introduction of new service or changes in existing service, telecommunications providers shall notify the city at least ten (10) calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

   (N)   Construction And Maintenance Of Supporting Towers, Monopoles, And Antennas:

      1.   Permits:

            (a)    Permit Required: It shall be unlawful for any person to erect, construct in place, place or reerect, replace or repair any tower, monopole or antenna without first making application to the building official and securing a permit therefor as hereinafter provided.

            (b)    Submittal Requirements For Permit:

               (1)    Name, address, and telephone number of the applicant;

               (2)    Name, address, and telephone numbers of the owners of the property on which the tower is proposed to be located;

               (3)    Legal description of the parcel on which the tower is proposed to be located;

               (4)    Written consent of the property owner(s) to the application;

               (5)    A scaled site plan indicating the location, type and height of the proposed tower, the existing land uses and zoning of the subject parcel, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, drawings of the proposed tower showing elevation and other structures, topography, parking, and depicting the proposed tower design;

               (6)    A landscape plan showing specific landscape materials, method of fencing, and finished color and, if applicable, the method of camouflage and lighting;

               (7)    Documentation such as coverage maps showing the need for a tower at the proposed site in order to close a gap in the applicant's wireless telecommunications service, or a gap in the service provided by a person intending to place telecommunications facilities on the tower;

               (8)    An inventory of existing towers, monopoles, antennas, or sites approved for towers, monopoles or antennas, that are either within the city or are sited in a location from which the applicant could provide service within the city, including specific information about the location, height and design of each tower, monopole or antenna and documentation showing that such existing facilities are unavailable or unsuitable to meet the applicant's need for a tower, monopole or antenna;

               (9)    Separation distance of the proposed tower, monopole or antenna from the other towers, monopoles or antennas described in the inventory of existing sites;

               (10)    A structural engineering report certifying the ability of the tower, monopole or antenna to accommodate collocation of additional wireless service provider facilities and a statement by the applicant regarding accommodation for collocation of additional antennas for future users;

               (11)    The setback distance between the proposed tower, monopole or antenna and the nearest platted residential property, and unplatted residentially zoned properties;

               (12)    Proof that all necessary consents or approvals have been applied for from appropriate federal, state or other local agencies;

               (13)    An application fee established from time to time by resolution of the city council. In the event the city elects to consult with its attorney or a radio frequency (RF) engineer in review of the application, the applicant shall be required to fully reimburse the city for all such expenses;

               (14)    Other information deemed by the zoning administrator to be necessary.

   (O)   Permits Are Not Required For:

      1.   Adjustment or replacement of the elements of an antenna array affixed to a tower, monopole or antenna, provided that replacement does not reduce the safety factor.

      2.   Antennas, towers/monopoles erected temporarily for test purposes, for emergency communication, or for broadcast remote pick up operations, provided that all requirements of this section are met.

   (P)   Fees:

      1.   The permit fee payable shall be such as may be set by the city council.

   (Q)   Construction Requirements:

      1.   All towers, monopoles, or antennas erected, constructed, or within the city, and all wiring therefor, shall comply with the following requirements:

            (a)    All applicable provisions of this code.

            (b)    Towers and monopoles shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Minnesota state building code, the national electrical safety code and all federal communications commission and local regulations.

            (c)    With the exception of necessary electric and telephone service and connection lines approved by the issuing authority, no part of any tower, monopole, or antenna nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right of way, public street, highway, sidewalk, or property line.

            (d)    Towers and monopoles with associated antennas shall be designed to conform to accepted electrical engineering methods and practices and comply with the provisions of the national electrical code.

            (e)    All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower, monopole, or antenna and a structure, shall be at least eight feet (8') above the ground at all points, unless buried underground.

            (f)    Every tower and monopole affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

            (g)    All towers and monopoles shall be constructed to conform with the requirements of the occupational safety and health administration.

            (h)    All towers and monopoles erected within the city must conform to the applicable standards in this section.

   (R)   Existing Towers, Monopoles And Antennas:

      1.   Towers, monopoles and antennas in existence as of the date of adoption hereof which do not conform to or comply with this section are subject to the following provisions:

            (a)    Towers, monopoles or antennas may continue in use for the purpose now used and as now existing, but may not be replaced or structurally altered without complying in all respects with this section.

            (b)    If such towers, monopoles or antennas are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower, monopole or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section, provided, however, that if the cost of repairing the tower, monopole or antenna would be ten percent (10%) or more of the cost of a new tower, then the tower may not be repaired or restored except in full compliance with this section.

   (S)   Other Attachments:

      1.   No tower, monopole or antenna shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.

   (T)   Inspections:

      1.   All towers, monopoles or antennas are subject to inspection by the city building inspection department to determine compliance with construction standards. Any deviation from original construction standards for which the permit was obtained shall constitute a violation of this section.

      2.   Notice of violation will be sent by registered mail to the owner and the owner will have thirty (30) days from the date notification is issued to make repairs. The owner will notify the building inspection department that repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.

   (U)   Maintenance: Towers, monopoles, and antennas must be maintained in accordance with the following provisions:

      1.   Tower/monopole owners must employ ordinary and reasonable care in construction and use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injuries, or nuisances to the public.

      2.   Tower/monopole owners must install and maintain towers/monopoles, telecommunications facilities, wires, cables, fixtures and other equipment in compliance with the requirements of the national electrical safety code and all federal communications commission, state, and local regulations, and in such a manner that they will not interfere with the use of other property.

      3.   Towers, monopoles, and antenna support structures must be kept and maintained in good condition, order, and repair.

      4.   Maintenance or construction on a tower, monopole or antenna support structure must be performed by qualified maintenance and construction personnel.

      5.   All tenants on towers/monopoles must comply with radio frequency emissions standards of the federal communications commission.

      6.   If the use of a tower/monopole is discontinued by the tower/monopole owner, the tower/monopole owner must provide written notice to the city of its intent to discontinue use and the date when the use will be discontinued. (Ord. 009-599, 2-2-2009)

Recycling facilities, other than special recycling activity allowed by permit only as described under section 7-1-3 of this code, are conditional uses in the I-1 light industrial district subject to the following:

   (A)   The facility must not abut a property planned, used or zoned for residential use.

   (B)   The facility must meet the requirements for screening and landscaping contained in sections 10-6-9 and 10-6-10 of this chapter.

   (C)   The facility must provide off street parking as outlined in the industrial wholesaling land use category in section 10-6-4 of this chapter.

   (D)   The facility must not store recyclable materials outside of a principal building or accessory building.

   (E)   The facility must restrict hours of operation to nine o'clock (9:00) A.M. to seven o'clock (7:00) P.M. if located within five hundred feet (500') of property planned, zoned, or used for residential use.

   (F)   The facility must not be used for dismantling, salvage or storage of junked vehicles.

   (G)   The facility must follow all municipal, state and federal regulations. (Ord. 002-469, 2-19-2002)

   (A)   Purpose: The purpose of this section is to establish provisions for the opportunity as well as control of sexually oriented businesses within the city of Farmington.

   (B)   General: Sexually oriented businesses as defined in this title shall be subject to the following general provisions:

      1.   Activities classified as obscene as defined by MSA section 617.241 are prohibited.

      2.   Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also used for residential purposes.

      3.   Sexually oriented businesses, either principal or accessory, shall be prohibited from locating in any building which is also licensed to sell intoxicating liquor, nonintoxicating malt liquor or wine.

      4.   A sexually oriented business which does not qualify as a sexually oriented business–accessory, shall be classified as a sexually oriented business–principal.

   (C)   Sexually Oriented Business–Principal:

      1.   Sexually oriented business–principal shall be located at least three hundred feet (300') from County State Aid Highways 31 and 50 as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business–principal is located, to the right of way.

      2.   Sexually oriented business–principal shall be located at least three hundred feet (300'), as measured in a straight line from the closest point of the property line of the building upon which the sexually oriented business–principal is located, to the property line of:

            (a)    Residentially zoned property.

            (b)    Another sexually oriented business–principal.

            (c)    Schools.

            (d)    Churches.

            (e)    Daycares.

            (f)    Public library.

            (g)    Public parks/trails.

            (h)    On/off sale liquor establishments.

      3.   "Sexually oriented business–principal" activities, as defined by this title, shall be classified as one use. No two (2) sexually oriented business–principal shall be located in the same building or upon the same property and each business shall be subject to subsections (C)1 and C(2) of this section.

   (D)   Sexually Oriented Business–Accessory:

      1.   Sexually oriented business–accessory shall:

            (a)    Comprise no more than ten percent (10%) of the floor area of the establishment in which it is located; provided that the maximum floor area used for sexually oriented business–accessory may not exceed one thousand (1,000) square feet.

            (b)    Comprise no more than twenty percent (20%) of the gross receipts of the entire business operation.

            (c)    Not involve or include any activity except the sale or rental of merchandise.

      2.   Sexually oriented business–accessory shall be restricted from and prohibit access to minors by the physical separation of such items from areas of general public access:

            (a)    Movie Rentals: Display areas shall be restricted from general view and shall be located within a separate room, the access of which is in clear view and under the control of the persons responsible for the operation or shall be in catalogs under the direct control and distribution of the operator.

            (b)    Magazines: Publications classified or qualifying as sexually oriented shall not be physically accessible to minors and shall be covered with a wrapper or other means to prevent display of any material other than the publication title.

      3.   Sexually oriented business–accessory activities, including sale or display of instruments, devices or paraphernalia which are used or designed for use in connection with specified sexual activities, shall be prohibited at any public show, movie, caravan, circus, carnival, theatrical or other performance or exhibition presented to the general public where minors are admitted. (Ord. 002-469, 2-19-2002)

   (A)   Definitions; Tables:

   WETLAND FUNCTIONS: The natural processes performed by wetlands, including functions that are important in providing wildlife and fishery, habitat, facilitating food chain production, providing habitat for nesting, rearing, and resting sites for aquatic, terrestrial or avian species, maintaining the availability and quality of water, such as purifying water, acting as a recharge and discharge area for groundwater aquifers and moderating surface water and stormwater flows, improving stormwater quality, providing aesthetic benefits, as well as performing other functions, including, but not limited to, those set out in U.S. army corps of engineers regulations at 33 CFR section 320.4(b)(2)(1988).

Note: In the definitions that follow, the methodology and criteria for evaluation of floral diversity/integrity are based on those detailed in the "Minnesota Routine Assessment Method For Evaluating Wetland Functions (Version 1.0)", Minnesota board of water and soil resources, September 1998; and criteria for susceptibility to stormwater impacts are based on recommendations in "Storm Water And Wetlands: Planning And Evaluation Guidelines For Addressing Potential Impacts Of Urban Storm Water And Snow-Melt Runoff On Wetlands", (Minnesota pollution control agency, June 1997).

The functional value for floral diversity/integrity determined from MNRAM is based on dividing wetlands into wetland communities (i.e., wet meadow, shallow marsh, floodplain forest, etc.) and providing a ranking, of exceptional quality, high quality, moderate quality and low quality to all major wetland communities within a wetland.

The major communities of a wetland also determine stormwater susceptibility. "The Storm Water And Wetlands: Planning And Evaluation Guidelines For Addressing Storm Water And Snowmelt Runoff Impacts To Wetlands", evaluates wetland communities, and places wetland communities into the categories of highly susceptible, moderately susceptible, slightly susceptible, and least susceptible to stormwater and snowmelt runoff.

The wetland inventory conducted as part of this chapter placed the wetland communities of the wetlands into the categories for floral diversity/integrity and stormwater and snowmelt susceptibility. A functional value index, which is based on a scale of 0.1 to 1.0 with 0.1 being the lowest ranking and 1.0 being the highest ranking, was provided for each category as shown below:

 

 

 

 

Each wetland was given a ranking based on the functional value for each of the major wetland communities or community within the wetlands. The overall ranking for the wetland is based on a weighted average that incorporates the area of the wetland community (%) and the functional value index (0.1 – 1.0) for the wetland community within the wetland.

All wetlands located within a park or greenway corridor (as shown on the wetland management plan map) will not have a wetland management classification lower than manage 2. The overall wetland functional index range for floral diversity/integrity and stormwater susceptibility and the associated wetland management classifications are shown in table 1 of this section. Table 2 of this section shows how final wetland management classifications were determined for an example wetland.

Table 1. Overall wetland functional index range for floral diversity/integrity and stormwater susceptibility and the associated wetland management classification.

 

 

Table 2. Example showing, how final wetland management classifications were determined.

 

 

 

 

Stormwater susceptibility has a functional index of 0.61 and floral diversity/integrity has a functional index of 0.685. They fall within the range of protect (see table 1 of this section).

   WETLANDS, MANAGE 1: These wetlands have plant communities that are in a largely unaltered state. The vegetative communities of these wetlands are characterized by moderate floral diversion and are slightly to moderately susceptible to stormwater and snowmelt impacts.

   WETLANDS, MANAGE 2: These wetlands have usually been altered by human activities. These wetlands have low to medium floral diversity and wildlife habitat components. These wetlands are slightly susceptible to impacts from stormwater. In addition, if a wetland has characteristics of a utilized basin but is located within a park or greenway corridor (as shown on the wetland and water body classification map) it was put in this management classification.

   WETLANDS, PROTECT: These wetlands exist in a largely unaltered state and have special and unusual qualities that call for a high level of protection. These wetlands may provide habitat for rare, threatened and/or endangered plant and animal species present; and/or have moderate to exceptional floral diversity/integrity and moderate to high susceptibility to stormwater and snowmelt; and/or are within the designated trout stream corridor identified on the city's wetland and water body classification map.

   WETLANDS, UTILIZE: These wetlands have been significantly altered and degraded through past disturbances. They may be isolated, with altered hydrology from urban or agricultural land uses. These wetlands have low floral diversity, and for the most part are not connected to other ecosystems. These wetlands are the least susceptible to impacts from stormwater.

   (B)   General Provisions:

      1.   This section shall apply to any applicant for a subdivision approval, or a grading, excavation, or mining permit to allow wetland disturbing activities after June 7, 1999. Any drainage, filling, excavation, or other alteration of a public waters wetland or wetland shall be conducted in compliance with Minnesota Statutes Annotated, section 103G.245, the WCA Minnesota rules 8420, and regulations adopted hereunder.

      2.   When any provision of any ordinance conflicts with this section, that which provides more protection to the wetland or wetland buffer shall apply unless specifically provided otherwise in this section; provided, such exceptions shall not conflict with state regulations, such as the state shore land program.

      3.   This section shall apply to all land containing wetlands and land within the setback and buffer areas required by this chapter. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. These wetland protection regulations shall not be construed to allow anything, otherwise prohibited in the zoning district where the wetland area is located.

      4.   A wetland is land that meets the definition of "wetlands" set forth in this section. Wetlands have been identified and the wetland management classification as established by the officially adopted city maps shall be prima facie evidence of the location and classification of wetlands. The official maps shall be developed and maintained by the community development department. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a jurisdictional wetland is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of this section. It will be the responsibility of an applicant to delineate the exact wetland boundary. All delineations must be reviewed by the Dakota County soil and water conservation district. The Dakota County soil and water conservation district will make recommendations to the city. The city council has delegated delineation review authority to its staff. The city will classify wetlands based on the criteria discussed under subsection (A) of this section. The applicant shall get final delineation approval from the city.

      5.   Applicants seeking a change in wetland classification must submit to the city a completed MNRAM version 1.0 form. The technical evaluation panel will review the request for change. The technical evaluation panel will make a recommendation to the city regarding the change in classification.

      6.   This subsection is applicable to wetlands that are determined to be jurisdictional wetlands, based on delineation procedures of the wetland conservation act.

      7.   This subsection establishes four (4) wetland classifications as defined in subsection (A) of this section: protect, manage 1, manage 2, and utilize.

   (C)   General Standards:

      1.   The following standards apply to all lands within and/or abutting a wetland:

            (a)    Septic and soil absorption systems must be set back a minimum of one hundred feet (100') from the city approved boundary of the wetland.

            (b)    Building elevation standards shall conform with the standards of the Farmington surface water management plan.

            (c)    Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations.

            (d)    The MPCA's best management practices shall be followed to avoid erosion and sedimentation during construction processes.

   (D)   No Net Loss And Wetland Alteration:

      1.   It is the intent of this section to avoid the alteration and destruction of wetlands. When wetlands or their buffer areas are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland and/or buffer area. To achieve no net loss of wetlands except as authorized by a wetland alteration permit issued by the city, a person may not drain, grade, fill, remove healthy native vegetation, or otherwise alter or destroy a wetland of any size or type. Any alteration to a wetlands permitted by a wetland alteration permit, must be fully mitigated so that there is no net loss of wetlands.

      2.   Where it is found that avoidance of direct impact on a wetland is not feasible, wetland replacement shall be done as per agency (VRWJPO, corps of engineers, department of natural resources), and city (WCA) standards. No permits will be granted until the WCA replacement plan is approved or exemption certificate is obtained. Wetland replacement/mitigation siting must follow the priority order below:

            (a)    Mitigation on site.

            (b)    Mitigation within the same minor subwatershed as established by the Minnesota department of natural resources for the "1979 watershed mapping project" pursuant to Minnesota laws, 1977, chapter 455, section 33, subdivision 7, paragraph (a).

            (c)    Mitigation within the watershed.

            (d)    Mitigation within Dakota County.

            (e)    Transportation projects shall pursue wetland mitigation projects to the extent practical using the criteria above. However, this does not preclude the use of the BWSR replacement program.

      3.   Drainage, grading, filling, removal of healthy native vegetation or otherwise altering or destroying a wetland of any size or type requires a wetland alteration permit. Other activities in a wetland requiring a wetland alteration permit include, but are not limited to:

            (a)    Construction of new streets and utilities.

            (b)    Installation of boardwalks.

      4.   When a wetland alteration permit is issued allowing filling in a wetland, the following standards shall be followed:

            (a)    Filling must be consistent with the Farmington surface water management plan.

            (b)    Filling in wetland areas will be required to be mitigated in accordance with the requirements of this section and the wetland conservation act.

      5.   When a wetland alteration permit is issued allowing dredging, excavating or grading in a wetland the following standards shall be followed in order to preserve WCA exemption or no loss determination in types 1, 2, 6, and 7 wetlands:

            (a)    The dredging will not have a net adverse effect on the ecological and hydrological characteristics of the wetland.

            (b)    It shall be located as to minimize the impact on vegetation and loss of wetland function (as determined by the VRWJPO or city). Exceptions may be allowed in basins dominated by invasive exotic species such as reed canary grass (Phalaris arundinacea).

            (c)    It shall not adversely change water flow.

            (d)    The size of the dredged area shall be limited to the minimum required for the proposed action.

            (e)    Disposal of the dredged material is prohibited within the wetland area unless it is part of an approved wetland replacement plan.

            (f)    Disposal of any dredged material shall include proper erosion control and nutrient retention measures.

            (g)    Dredging in any wetland area is prohibited during waterfowl breeding season or fish spawning season, unless it is determined by the city that the wetland is not used for waterfowl breeding or fish spawning.

            (h)    Dredging in wetland areas will be required to be mitigated in accordance with requirements of this section if the activity results in a loss of functional wetland. Dredging to create water quality or habitat improvements may be allowed by the city where reasonable alternatives are not available or where the wetland is of low quality and designated for this purpose by the Farmington surface water management plan.

      6.   When a wetland alteration permit is issued allowing stormwater runoff to discharge directly into a wetland, the permit will include requirements established by the Farmington surface water management plan. These requirements establish a maximum high water level bounce and allowable phosphorus loadings based on the city's wetland classification system. A protect or manage 1 public waters wetland or wetland may not be used for stormwater management and treatment unless the use will not adversely affect the function and public value of the wetland and other alternatives do not exist.

      7.   An applicant for a wetland alteration permit shall adhere to the following principles in descending order of priority:

            (a)    Avoid the direct or indirect impact of the activity that may destroy or diminish the wetland;

            (b)    Minimize the impact by limiting the degree or magnitude of the wetland activity and its implementation;

            (c)    Rectify the impact by repairing, rehabilitating, or restoring the affected wetland function and its implementation;

            (d)    Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the activity; and

            (e)    Replacing unavoidable impacts to the wetlands by restoring or creating substitute wetland areas having equal or greater public value as set forth in Minnesota rules 8420.0530 to 8420.0630.

      8.   A wetland alteration permit shall not be issued unless the proposed development complies, within the provisions of the mitigation subsection of this section, as well as the standards, intent, and purpose of this section.

   (E)   Wetland Buffer Areas:

      1.   For lots of record created after June 7, 1999 (date of original wetlands ordinance adoption), a buffer area shall be maintained abutting all wetlands. The following requirements shall be met concerning the wetland buffers:

            (a)    Where a buffer is required, the city shall require the protection of the buffer under a conservation easement, or include the buffer in a dedicated outlot as part of platting and subdivision approval, except where the buffer is located in a public transportation right of way.

            (b)    A wetland line and wetland buffer delineation line must be shown on the plan submitted to the city.

            (c)    A silt fence shall be erected at the wetland buffer line during construction and shall not be removed until sod is installed on all lots adjacent to the wetland buffer.

            (d)    Permanent monumentation shall be erected at the time of the installation of the silt fence as required in subsection (E)5 of this section.

            (e)    Building permits shall not be issued until silt fence and monumentation are installed and disturbed areas of buffer are seeded, mulched, and disked.

      2.   Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it:

            (a)    Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five (5) consecutive years; or

            (b)    Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five (5) consecutive years; or

            (c)    Contains a mixture of the plant communities in subsections (E)2(a) and (E)2(b) of this section that has been uncultivated or unbroken for at least five (5) years.

      3.   Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if:

            (a)    Topography or sparse vegetation tends to channelize the flow of surface water.

            (b)    Some other reason the vegetation is unlikely to retain nutrients and sediment.

      4.   Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall be replanted and maintained according to the following standards:

            (a)    Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area.

            (b)    The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species.

            (c)    Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction.

            (d)    During the first five (5) full growing seasons, except where the city has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities.

            (e)    No fertilizer shall be used in establishing new buffer areas.

            (f)    Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements.

      5.   Buffer areas shall be identified by permanent monumentation acceptable to the city at every other lot corner or every three hundred feet (300'), whichever is less, and at all angle points of lot.

      6.   Alterations, including building, storage, paving, routine mowing, burning, plowing, introduction of noxious vegetation, cutting, dredging, filling, mining, dumping, grazing livestock, agricultural production, yard waste disposal, or fertilizer application are prohibited within any buffer. Periodic mowing or burning, or the use of fertilizers and pesticides for the purpose of managing and maintaining native vegetation is allowed. Noxious weeds may be removed and mechanical or spot herbicide treatments may be used to control noxious weeds, but aerial or broadcast spraying is not acceptable. Prohibited alterations would not include plantings that enhance the natural vegetation or selective clearing or pruning of trees or vegetation that are dead, diseased or pose similar hazards, or as otherwise clarified in this section.

      7.   Where acceptable to adjacent properties, owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife.

      8.   The following activities shall be permitted within any buffer, and shall not constitute prohibited alterations:

            (a)    The following activities are allowed within both the minimum and average buffer width areas:

               (1)    Use and maintenance of an unimproved access strip through the buffer, not more than ten feet (10') in width, for recreational access to the major waterway or wetland and the exercise of riparian rights.

               (2)    Structures that exist when the buffer is created.

               (3)    Placement, maintenance, repair, or replacement of public roads and utility and drainage systems that exist on creation of the buffer or are required to comply with any subdivision approval or building permit obtained from the municipality or county, so long as any adverse impacts of public road, utility, or drainage systems on the function of the buffer have been avoided or minimized to the extent practical.

               (4)    Clearing, grading, and seeding is allowed if part of an approved wetland replacement plan, or approved stream restoration plan.

               (5)    Construction of a multipurpose trail, including boardwalks and pedestrian bridges, provided it is constructed to minimize erosion and new impervious surface, and has an undisturbed area of vegetative buffer at least ten feet (10') in width between the trail and the wetland or public waters wetland edge, or the bank of the major waterway; or where needed to cross the major waterway, the minimum impact alignment is used.

               (6)    The construction of underground utilities such as water, stormwater, and sanitary sewers and pipelines provided the minimum impact alignment is used, the area is stabilized in accordance with subsection (E)4 of this section, and setbacks established in subsection 10-5-25(F)2(b)(4) of this title are met.

            (b)    The following activities are allowed within those portions of the average buffer width that exceed the minimum buffer width:

               (1)    Stormwater management facilities, provided the land areas are stabilized in accordance with subsection (E)4 of this section, and alterations prohibited in subsection (E)6 of this section are upheld.

               (2)    The area of shallow vegetated infiltration and biofiltration facilities, and water quality ponds not to exceed fifty percent (50%) of the pond area, adjacent to wetlands and major waterways may be included in buffer averaging provided the facilities do not encroach into the minimum buffer width, and the land areas are stabilized in accordance with subsection (E)4 of this section, and alterations prohibited in subsection (E)6 of this section are upheld.

      9.   All buffer areas are measured from the wetland edge as marked in the field.

      10.   The following buffer area sizes are minimum requirements:

 

 

      11.   Any wetland restored, relocated, replaced or enhanced because of wetland alterations should have at least the minimum buffer area required for the class of the wetland involved.

      12.   The city may recommend buffer area averaging in instances where it will provide resource protection to wetland or to valuable adjacent upland habitat, or allow for reasonable use of property as described in subsection (B) of this section, provided that the total buffer area on site contained in the buffer remains the same.

      13.   If the area of the buffer has a preconstruction slope of twelve percent (12%) or greater, the buffer shall be at the maximum width for the applicant's wetland classification. The use of a meandering buffer area to maintain a natural appearance is encouraged but not required in areas of flat topography.

   (F)   Wetland And Buffer Area Mitigation: Where wetland alteration is approved and mitigation is required, mitigation must result in equal or improved wetland function and value. Mitigation plans must address water quality improvement, and maintenance of preexisting hydrological balance and wildlife habitat. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat. Mitigation will be performed at ratios required by the wetland conservation act to achieve replacement of the wetland function and value.

The following criteria shall be required for wetland or buffer area mitigation:

      1.   Wetland mitigation will be performed at a ratio required by the wetland conservation act. Buffers will be required to be replaced on the fill slope. When a wetland is completely filled, the buffer area requirement associated with the classification of the wetland that was filled will be required for the replacement wetlands unless replacement is occurring adjacent to a wetland with a higher classification. In this case, the buffer area requirement for the higher wetland classification will apply.

      2.   Mitigation should always result in equal or improved wetland function and value. The wetland function and value will include improvement of water quality, maintaining hydrological balance, and provision of wildlife habitat.

      3.   Mitigation shall provide a buffer area as set forth in this section.

      4.   Mitigation shall maintain or enhance the wetland hydrological balance through the following:

            (a)    Restoration of partially drained wetlands.

            (b)    Creation of new wetlands.

            (c)    Restoration of buffer area functions.

      5.   Mitigation shall provide for pretreatment of water prior to entry to the wetland to improve water quality if required by the Farmington surface water management plan.

      6.   Mitigation involving the buffer area shall provide landscaping for nesting, and food for wildlife habitat. The buffer area landscape shall provide for wildlife cover and utilize a diversity of native flora (i.e., trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity.

      7.   Wetland and buffer area mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city. If mitigation cannot be accomplished on site, or if the city deems it necessary to perform mitigation off site, the applicant shall be responsible for contributing into the city's wetland restoration fund (described in the Farmington surface water management plan). The contribution will be based on the city's cost to create the new wetland. This includes, but is not limited to, the cost of land, design, engineering, legal, and construction activities needed to create the new wetland. The mitigation performed off site shall meet the requirements of this section.

      8.   Wetland and buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in subsection (E) of this section. (Ord. 010-629, 10-18-2010)

   (A)   Purpose and Authorization:

      1.   Purpose: The uncontrolled use of shorelands affects the public health, safety and general welfare by contributing to the pollution of public waters, negative impacts on fish and wildlife habitat, and by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related resources. The city of Farmington hereby recognizes this responsibility.

      2.   Statutory Authorization: This section is adopted pursuant to the authorization and policies contained in Minnesota Statutes Annotated, chapter 103F, Minnesota regulations, parts 6120.2500–6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes Annotated, chapter 462.

   (B)   General Provisions:

      1.   Jurisdiction: The provisions of this section shall apply to the shoreland of the public water bodies as identified in subsection (D) of this section. Pursuant to Minnesota regulations, parts 6120.2500–6120.3900, flowage less than ten (10) acres in size is exempt from the requirements under this section.

      2.   Application: This section shall apply to any applicant for a subdivision approval, or permit for grading, excavation, or mining in shoreland areas issued after July 15, 2002. This section applies to all land located within the defined shoreland.

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

      4.   Compliance: The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations.

      5.   Interpretation: In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

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

   (C)   Administration:

      1.   Variances: The planning commission shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in subsection (C)2 of this section shall also include the summary of the public record/testimony and the findings of fact and conclusions that support the issuance of the variance.

      2.   Notifications to the Department of Natural Resources: Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner of the Department of Natural Resources or the commissioner's designated representative and postmarked within ten (10) days of final action.

      3.   Mandatory EAW: An Environmental Assessment Worksheet consistent with Minnesota Rules, Chapter 4410 must be prepared for projects meeting the thresholds of Minnesota Rules, part 4410.4300, Subparts 19a, 20a, 25, 27, 28, 29, and 36a.

   (D)   Shoreland Classification System and Land Uses:

      1.   Shoreland Classification System: The public waters of the city of Farmington have been classified below consistent with the criteria found in Minnesota regulations, part 6120.3300, and the protected waters inventory map for Dakota County, Minnesota.

 

   The shoreland area for these water bodies shall be shown on the official zoning map (or official zoning overlay map).

      2.   Land Uses for Rivers and Streams Shoreland:

         (a)   The land uses for the given classifications of water bodies shall comply with the table below as well as the uses underlying zoning district; the more restrictive shall apply.

 

 

         (b)   Interpretation:

            (1)   When an interpretation question arises about whether a specific land use fits within a give “use” category, the Planning Commission shall decide the issue.

            (2)   When a question arises as to whether a land use district’s boundaries are property delineated on the official zoning map, this decision shall be made by the city council.

   (E)   Zoning and Water Supply/Sanitary Provisions:

      1.   Lot Area And Width Standards:

         (a)   Rivers/Stream Lot Width Standards:

            (1)   There is no minimum lot size requirement for rivers and streams. The lot width standards (in feet) for single, duplex, triplex, and quad residential lots created after the date of enactment of this section for the river and stream classifications are the following:

 

 

            (2)   Residential subdivisions with dwelling unit densities exceeding those in the table above can only be allowed if designed and approved as residential planned unit developments.

         (b)   Special Provisions for Planned Unit Developments (PUDs);

            (1)   Processing of PUDs: Planned unit developments in the Shoreland District must be processed as a conditional use and comply with the provisions of this section in addition to those standards outlined in Section 10-5-19. When there is a conflict in requirements, the more stringent of the req   uirements shall be applied.

            (2)   Density Determination: Proposed new or expansions to existing planned unit developments in the Shoreland District must be evaluated using the following procedures:

               A.   Identify Density Analysis Tiers. Divide the project parcel into tiers by drawing one of more lines parallel to the ordinary high water level at intervals of 300 feet, proceeding landward.

               B.   Calculate Suitable Area for Development. Calculate the suitable area within each tier by excluding all wetlands, bluffs, or land below the ordinary high water level of public waters.

               C.   Determine Base Density.

                  i.   For residential PUDs. divide the tier width by the minimum single residential lot width.

                  ii.   Lot width standards must be met at both the ordinary high water level and at the building line.

                  iii.   These standards assume that publicly owned sewer system service is available to the property.

               D.   Determine if the Site can Accommodate Increased Density: Increases to the dwelling unit or dwelling site base densities are allowed up to the maximum density seen in the table below if all design criteria are met as well as the following standards are met:

                  i.   Structure setbacks from the ordinary high water level are increased to at least fifty percent (50%) greater than the minimum setback: or

                  ii.   The impact on the waterbody is reduced an equivalent amount through vegetative management, topography, or additional acceptable means and the setback is at least twenty five percent (25%) greater than the minimum setback.

 

 

            (3)   Design Criteria. All PUDs in the Shoreland must meet the following design criteria.

               A.   General Design Standards

                  i.   All residential planned unit developments must contain at least five (5) dwelling units or sites.

                  ii.   Dwelling units or dwelling sites must be clustered into one or more groups and located on suitable areas of the development.

                  iii.   Shore recreation facilities must be centralized and located in areas suitable for them based on a suitability analysis. The number of spaces provided for continuous beaching, mooring, or docking of watercraft must not exceed one for each allowable dwelling unit or site in the first tier (notwithstanding existing mooring sites in an existing commercially used harbor). Launching ramp facilities, including a small dock for loading and unloading equipment. may be provided for use by occupants of dwelling units or sites located in other tiers.

                  iv.   Structures, parking areas, and other facilities must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, color, or other means acceptable to the local unit of government, assuming summer, leaf-on conditions. Vegetative and topographic screening must be preserved, if existing, or may be required to be provided.

                  v.   Accessory structures and facilities, except water oriented accessory structures, must meet the required structure setback and must be centralized.

               B.   Open Space Requirements:

                  i.   Open space must constitute at least fifty percent (50%) of the total project area and must include:

                     (1)   Areas with physical characteristics unsuitable for development in their natural state:

                     (2)   Areas containing significant historic sites or unplatted cemeteries.

                  ii.   Open space may include:

                     (1)   Outdoor recreational facilities for use by owners of dwelling units or sites, by guests staving in commercial dwelling units or sites, and by the general public;

                     (2)   Non-public water wetlands.

                  iii.   Open space shall not include:

                     (1)   Dwelling sites or lots, unless owned in common by an owners association;

                     (2)   Dwelling units or structures, except water-oriented accessory structures or facilities;

                     (3)   Road rights-of-way or land covered by road surfaces and parking areas;

                     (4)   Land below the OHWL of public waters; and

                     (5)   Commercial facilities or uses.

      2.   Placement, Design and Height of Structures:

         (a)   Placement of Structures on Lots:

            (1)   When more than one setback applies to a site, structures and facilities must be located to meet all setbacks.

            (2)   Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shoreline buffer area.

            (3)   Structures and onsite sewage treatment systems shall be set back (in feet) from the ordinary high water level as follows:

 

 

      Where averaging is allowed, structure setbacks cannot be less than fifty percent (50%) of the minimum setback.

         (b)   Design Criteria for Structures:

            (1)   Water Oriented Accessory Structures: Each lot may have one water oriented accessory structure not meeting the normal structure setback requirements of this section if this water oriented accessory structure complies with the following provisions:

               A.   The structure or facility must not exceed ten feet (10') in height, exclusive of safety rails, and cannot occupy an area greater than two hundred fifty (250) square feet. Detached decks must not exceed eight feet (8') above grade at any point.

               B.   The setback of the structure or facility from the ordinary high water level must be at least ten feet (10').

               C.   The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks, or color, assuming summer, leaf-on conditions.

               D.   The roof may be used as a deck with safety rails but must not be enclosed or used as a storage area.

               E.   The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.

            (2)   High Water Elevations: Structures must be placed in accordance with any floodplain regulations applicable to the site.

            (3)   Structures Without Water Oriented Needs: Structures without water oriented needs must be placed on nonriparian lots, or be double the structure setback, or screened from view from public waters by vegetation, topography, or both.

      3.   Shoreland Buffer Areas:

         (a)   Application: For lots of record created after July 15, 2002, a buffer area shall be maintained abutting all rivers and streams. Buffer vegetation shall be established and maintained in accordance with the requirements that follow.

         (b)   Buffer Area Vegetation Requirements: Where acceptable natural vegetation exists in buffer areas, the retention of such vegetation in an undisturbed state is required unless approval to replace such vegetation is received. A buffer has acceptable vegetation if it:

            (1)   Has a continuous, dense layer of perennial grasses that has been uncultivated or unbroken for at least five (5) consecutive years; or

            (2)   Has an overstory of trees and/or shrubs that has been uncultivated or unbroken for at least five (5) consecutive years; or

            (3)   Contains a mixture of the plant communities in subsections (E)3(b)(1) and (E)3(b)(2) of this section that has been uncultivated or unbroken for at least five (5) years.

         (c)   Maintenance of Buffer Areas: Buffers shall be staked and protected in the field prior to construction unless the vegetation and the condition of the buffer are considered inadequate. Existing conditions vegetation will be considered unacceptable if:

            (1)   Topography or sparse vegetation tends to channelize the flow of surface water.

            (2)   Some other reason the vegetation is unlikely to retain nutrients and sediment.

         (d)   Requirements for Replanting: Where buffer vegetation and conditions are unacceptable, or have been cultivated or otherwise disturbed within ten (10) years of the permit application, or where approval has been obtained to replant, buffers shall be replanted and maintained according to the following standards:

            (1)   Buffers shall be planted with a native seed mix approved by MnDOT, BWSR, NRCS or the Dakota SWCD, with the exception of a onetime planting with an annual nurse or cover crop. Plantings of native forbs and grasses may be substituted for seeding. All substitutions must be approved by the city. Groupings/clusters of native trees and shrubs, of species and at densities appropriate to site conditions, shall also be planted throughout the buffer area.

            (2)   The seed mix and planting shall be broadcast/installed according to MnDOT, BWSR, NRCS or Dakota SWCD specifications. The selected seed mixes and plantings for permanent cover shall be appropriate for the soil site conditions and free of invasive species.

            (3)   Buffer vegetation (both natural and created) shall be protected by erosion and sediment control measures during construction.

            (4)   During the first five (5) full growing seasons, except where the city has determined vegetation establishment is acceptable, the owner or applicant must replant buffer vegetation where the vegetative cover is less than ninety percent (90%). The owner or applicant must assure reseeding or replanting if the buffer changes at any time through human intervention or activities.

            (5)   No fertilizer shall be used in establishing new buffer areas.

            (6)   Applicants may obtain from the city a set of standard seeding and planting specifications for buffer areas, which meet all the city requirements.

         (e)   Buffer Identification: Buffer areas shall be identified by permanent monumentation acceptable to the city. In residential subdivisions, a monument is required for each lot. In other situations, a monument is required for each three hundred feet (300') of wetland edge.

         (f)   Vegetation Clearing or Removal: The clearing and removal of vegetation in the buffer area is prohibited, except for selective clearing and pruning of individual trees that are dead, diseased, noxious weeds, or hazards. Owners are encouraged to leave dead trees and branches in the buffer area, because they are part of the native natural environment and provide necessary habitat to many birds and native wildlife.

         (g)   Dumping in Buffer Areas: Dumping yard waste in buffer areas, including leaves and grass clippings, is prohibited by this section.

         (h)   Determination of Buffer Areas: All buffer areas are measured from the ordinary high water level as marked in the field.

         (i)   Minimum Buffer Areas: Buffers shall be established adjacent to major waterways as shown and classified on map 1 - Vermillion River watershed attached to the VRWJPO standards, and as described for the various classifications below.

            (1)   Conservation corridor; lower reach (Vermillion River downstream of Biscayne Avenue): One hundred fifty foot (150') average, one hundred foot (100') minimum measured from the edge of the meander belt of the river.

            (2)   Conservation corridor; upper reach (Vermillion River upstream of Biscayne Avenue and South Branch Vermillion River): One hundred fifty foot (150') average, one hundred foot (100') minimum measured from the edge of the meander belt of the river.

            (3)   Aquatic corridor; principal connector: Required buffer width one hundred foot (100') average, sixty five foot (65') minimum measured from the edge of the meander belt of the river.

            (4)   Aquatic corridor; principal connector with trout stream designation: One hundred foot (100'), no averaging, as required by the NPDES general construction permit.

            (5)   Aquatic corridor; tributary connector: Fifty foot (50') average, thirty five foot (35') minimum, plus two feet (2') for every one percent (1%) of slope measured from the edge of the meander belt of the tributary.

            (6)   Water quality corridor: Thirty foot (30') average, twenty foot (20') minimum where there is a flow path for concentrated surface runoff measured from the centerline of the flow path.

         (j)   Buffer Averaging: The city may recommend buffer averaging for buffers in areas designated manage 1, manage 2 or greenway corridors in instances where it will provide resource protection to a valuable adjacent upland habitat, or allow for reasonable use of property, provided that the total buffer area on site contained in the buffer area remains the same. No buffer averaging is allowed for trout stream buffers.

         (k)   Public Trail Exemption: Public trails that are routed through stream buffers for specific interpretive purposes shall be exempted from this requirement.

         (l)   Maximum Width: If the area of the buffer has a preconstruction slope of twelve percent (12%) or greater, the buffer shall be at the maximum width for the applicant's stream classification. The use of a meandering buffer area to maintain a natural appearance is encouraged, but not required in areas of flat topography.

         (m)   Stream Buffer Area Mitigation: Where alteration of a stream buffer area is approved and mitigation is required, mitigation must result in equal or improved buffer function and value. Mitigation plans must address water quality protection and wildlife habitat. The following criteria shall be required for stream buffer area mitigation:

            (1)   Buffer Replacement: Buffers must be required at a one to one (1:1) ratio. The buffer requirement associated with the stream classification will be required for the replacement buffer, unless replacement is occurring adjacent to a stream with a higher classification. In this case, the buffer area requirement for the higher stream classification will apply.

            (2)   Mitigation Goals: Mitigation shall be equal to or shall improve buffer function and value. The function and value will include protection of water quality and provision of wildlife habitat.

            (3)   Wildlife Diversity: Mitigation involving the buffer area shall provide landscaping for nesting, food for wildlife, wildlife cover, and utilize a diversity of native flora (trees, shrubs, grasses, herbaceous plants) to encourage wildlife diversity.

            (4)   Trout Streams: Mitigation in buffer areas along trout streams shall require landscaping that protects trout habitat, such as trees, shrubs, and tall native grasses that shade the stream.

            (5)   Area of Mitigation: Stream buffer mitigation should be undertaken on site. If this is not feasible, mitigation should occur locally within the subwatershed. If this is not possible, mitigation should occur outside the subwatershed, elsewhere in the city.

            (6)   Buffer Plantings: Stream buffer area plantings that are completed for mitigation shall meet the standards for plantings specified in subsection (E)4 of this section.

      4.   Shoreland Alterations: Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat.

         (a)   Vegetation Alteration:

            (1)   Standards: Removal or alteration of vegetation, except of agricultural uses as regulated in subsection (E)7 of this section is allowed subject to the following standards:

               A.   Intensive vegetation clearing within the shore zone and on steep slopes is prohibited.

               B.   In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water oriented accessory structures or facilities, provided that:

                  i.   The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced;

                  ii.   Existing shading of water surfaces is preserved along rivers; and

                  iii.   The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.

            (2)   Exemption: Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by subsection (E)5 of this section are exempt from this subsection.

         (b)   Topographic Alterations/Grading and Filling:

            (1)   Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.

            (2)   Public roads and parking areas are regulated by subsection (E)5 of this section.

            (3)   Notwithstanding subsections (E)4(b)(1) and (E)4(b)(2) of this section, a grading and filling permit will be required for:

               A.   The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and

               B.   The movement of more than fifty (50) cubic yards of material outside of steep slopes and shore and bluff impact zones.

            Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters.

            (4)   Conditions for Approval: The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, conditional use permits, variances and subdivision approvals:

               A.   Grading or filling in any type 2, 3, 4, 5, 6, 7 or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*:

                  i.   Sediment and pollutant trapping and retention;

                  ii.   Storage of surface runoff to prevent or reduce flood damage;

                  iii.   Fish and wildlife habitat;

                  iv.   Recreational use;

                  v.   Shoreline or bank stabilization; and

                  vi.   Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others.

               *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota department of natural resources, or the United States army corps of engineers. The applicant will be so advised.

               B.   Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible;

               C.   Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;

               D.   Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;

               E.   Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States soil conservation service;

               F.   Fill or excavated material must not be placed in a manner that creates an unstable slope;

               G.   Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of thirty percent (30%) or greater;

               H.   Fill or excavated material must not be placed in bluff impact zones;

               I.   Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes Annotated, section 105.42;

               J.   Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties;

               K.   Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet (3') horizontal to one foot (1') vertical, the landward extent of the riprap is within ten feet (10') of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet (3').

      5.   Placement of Roads, Driveways, and Parking Areas:

         (a)   Design Requirements: Public and private roads and parking areas shall be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Applicants shall provide documentation by a qualified engineer establishing that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials.

         (b)   Setbacks: Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.

         (c)   Shore Impact Zones: Public and private watercraft access ramps, approach roads, and access related parking areas may be placed within the shore impact zones provided the vegetative screening and erosion control conditions of this subsection are met. For private facilities, the grading and filling provisions of this section must be met.

      6.   Stormwater Management:

         (a)   Natural Drainageways: When possible, existing natural drainageways, wetland, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.

         (b)   Reduction of Runoff Volumes: Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff, velocities, erosion potential, and reduce the delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.

         (c)   Design Criteria: When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities, such as diversion, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.

         (d)   Impervious Surface Coverage: Impervious surface coverage of lots must not exceed twenty five percent (25%) of the lot area.

         (e)   Documentation Required: When constructed facilities are used for stormwater management, documentation must be provided by a qualified engineer that they are designed and installed consistent with the field office technical guide of the local soil and water conservation district.

         (f)   Stormwater Outfalls: New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.

      7.   Agricultural Use Standards:

         (a)   General Requirements: General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore impact zones are maintained in permanent vegetation or operated under an approved conservation plan (resource management systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States soil conservation service, as provided by a qualified engineer or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and fifty feet (50') from the ordinary high water level.

         (b)   Animal Feedlot Standards: Animal feedlots must meet the following standards:

            (1)   New feedlots must not be located in the shoreland or watercourses or in bluff impact zones, and must meet a minimum setback of three hundred feet (300') from the ordinary high water level of all public water basins; and

            (2)   Modifications or expansions to existing feedlots that are located within three hundred feet (300') of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. (Ord. 010-629, 10-18-2010)

      8.   Extractive Use Standards: Extractive uses are conditional uses and must meet the following standards:

         (a)   Site Development and Restoration Plan. A site development and restoration plan must be developed, approved, and followed over the course of operation. The Plan must:

            (1)   Address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations;

            (2)   Identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion; and

            (3)   Clearly explain how the site will be rehabilitated after extractive activities end.

         (b)   Setbacks for Processing Machinery. Processing machinery must meet structure setback standards from ordinary high water levels and from bluffs.

   (F)   Nonconformities: All legally established nonconformities as of the date of this section may continue, but they will be managed according to applicable state statutes and other regulations of this community for the subjects of alterations and additions, repairs after damage, discontinuance of use and intensification of use. When a nonconforming structure in the shoreland district with less than fifty percent (50%) of the required setback identified in subsection (E)2 of this section from the water is destroyed by fire or other peril to greater than fifty percent (50%) of its estimated market value, as indicated in the records of the county assessor at the time of damage, the structure setback may be increased if practical and reasonable conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent property or body of water.

      1.   The following apply to shoreland lots of record in the office of the county recorder on the date of adoption of local shoreland controls that do not meet the requirements of subsection (E)1 of this section. A municipality shall regulate the use of nonconforming lots of record and the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in shoreland areas according to the following:

         (a)   A nonconforming single lot of record located within the shoreland area may be allowed as a building site without variances from lot size requirements, provided that:

            (1)   All structure and septic setback distance requirements can be met;

            (2)   A type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, can be installed or the lot is connected to public sewer; and

            (3)   The impervious surface coverage does not exceed twenty five percent (25%) of the lot.

         (b)   In a group of two (2) or more contiguous lots of record under common ownership, an individual lot must be considered as a separate parcel of land for the purpose of sale or development, if it meets the following requirements:

            (1)   The lots must be at least sixty six percent (66%) of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota rules, chapter 6120;

            (2)   The lot must be connected to a public sewer, if available, or must be suitable for the installation of a type 1 sewage treatment system consistent with Minnesota rules, chapter 7080, and local government controls;

            (3)   Impervious surface coverage must not exceed twenty five percent (25%) of each lot; and

            (4)   The development of the lot must be consistent with an adopted comprehensive plan.

         (c)   A lot subject to subsection (F)1(b) of this section not meeting the requirements of subsection (F)1(b) of this section must be combined with the one or more contiguous lots so they equal one or more conforming lots as much as possible.

         (d)   Notwithstanding subsection (F)1(b) of this section, contiguous nonconforming lots of record in shoreland areas under common ownership must be able to be sold or purchased individually if each lot contained a habitable residential dwelling at the time the lots came under common ownership and the lots are suitable for, or served by, a sewage treatment system consistent with the requirements of section 115.55 and Minnesota rules, chapter 7080, or connected to a public sewer.

         (e)   In evaluating all variances, zoning and building permit applications, or conditional use requests, the zoning authority shall require the property owner to address, when appropriate, stormwater runoff management, reducing impervious surfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage treatment and water supply capabilities, and other conservation designed actions.

         (f)   A portion of a conforming lot may be separated from an existing parcel as long as the remainder of the existing parcel meets the lot size and sewage treatment requirements of the zoning district for a new lot and the newly created parcel is combined with an adjacent parcel. (Ord. 011-642, 12-19-2011)

      2.   Additions/Expansions to Nonconforming Structures:

         (a)   Structure Additions: All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height and other requirements of subsection (E) of this section. Any deviation from these requirements must be authorized by a variance.

         (b)   Deck Additions: Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met:

            (1)   The structure existed on the date the structure setbacks were established;

            (2)   A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;

            (3)   The deck encroachment toward the ordinary high water level does not exceed fifteen percent (15%) of the existing setback of the structure from the ordinary high water level or does not encroach closer than thirty feet (30'), whichever is more restrictive; and

            (4)   The deck is constructed primarily of wood, and is not roofed or screened. (Ord. 010-629, 10-18-2010; amd. Ord. 021-761, 8-16-2021)

Manufactured homes may be located in any R-3 district with an approved conditional use permit under the following conditions:

   (A)   Platted: Development in which the entire parcel is to be divided into platted lots to be sold individually shall conform to all requirements for subdivisions as set forth in title 11 of this code.

   (B)   Unplatted: Development in which sites will be made available for rent shall conform to the PUD section of this title.

   (C)   Installation: Approval of manufactured housing developments shall be based upon anchoring and support systems defined and approved by the Minnesota department of administration, building code division, rules of manufactured housing support and tie down systems authorized by Minnesota Statutes Annotated sections 327.31 and 327.34. (Ord. 002-469, 2-19-2002; amd. Ord. 002-477, 7-15-2002)

   (A)   Purpose: The purpose of this section is to establish a formal site plan review procedure and provide regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter.

   (B)   Exceptions To Review: The following shall be excepted from the foregoing requirements:

      1.   Agricultural developments.

      2.   Single-family detached dwellings.

      3.   Two-family attached dwellings.

   (C)   Sketch Plan:

      1.   Prior to the formulation of a site plan, applicants shall present a sketch plan to the zoning officer prior to filing of a formal application. The plan shall be conceptual but shall be drawn to scale with topography of a contour interval not greater than two feet (2') and may include the following:

            (a)    The proposed site with reference to existing development on adjacent properties, at least to within two hundred feet (200').

            (b)    General location of proposed structures.

            (c)    Tentative street arrangements, both public and private.

            (d)    Amenities to be provided such as recreational areas, open space, walkways, etc.

            (e)    General location of parking areas.

            (f)    Proposed public sanitary sewer, water and storm drainage.

            (g)    A statement showing the proposed density of the project with the method of calculating said density also shown.

      2.   The zoning officer shall have the authority to refer the sketch plan to the planning commission and/or city council for discussion, review, and informal comment. Any opinions or comments provided to the applicant by the zoning officer, planning commission, and/or city council shall be considered advisory only and shall not constitute a binding decision on the request.

   (D)   Minor Projects:

      1.   Review Of Minor Projects: The following shall be considered minor projects and subject to review procedures as indicated:

            (a)    No Site Plan Review Required: Building projects that comprise less than ten percent (10%) building footprint expansion (up to 500 square feet) and/or twenty five percent (25%) increase in the assessed value of the structure as determined by the Dakota County assessor.

            (b)    Administrative Review: Building projects that comprise a ten (10) to thirty percent (30%) building footprint expansion and/or twenty five (25) to fifty percent (50%) increase in the assessed value of the structure as determined by the Dakota County assessor.

      2.   Procedure: Administrative approval of eligible site plans shall be subject to the following procedural requirements:

            (a)    Plan review will be in accordance with established procedures including the coordinated review by other city departments and divisions as determined by the zoning officer.

            (b)    Site plans involving properties within approved planned unit developments shall be subject to applicable evaluation criteria in this chapter.

            (c)    Any major variance proposal will automatically require the entire application to be processed in accordance with the planning commission review and city council approval provisions of section 10-3-6 of this title.

            (d)    Administrative approval including all applicable conditions and requirements shall be made in writing by the zoning officer. The applicant, in addition to all other applicable requirements, shall submit a written acknowledgment of that approval prior to the commencement of any development and prior to the issuance of any permits.

            (e)    Any unresolved dispute as to administrative interpretation of city code, ordinance, or policy requirements may be formally appealed pursuant to this chapter.

            (f)    Site plans involving conditionally permitted uses are subject to the review requirements found in section 10-3-5 of this title.

      3.   Certification Of Taxes Paid: Prior to approving an application for a minor project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the minor project application relates.

   (E)   Major Projects: A "major project" is defined as one or both of the following and subject to review as prescribed in this section:

      1.   Construction of new structures that may or may not be in conjunction with site improvements on redevelopment site or vacant undeveloped lands, and/or

      2.   Building projects that comprise more than a thirty percent (30%) building footprint expansion and/or fifty percent (50%) increase in the assessed value of the structure as determined by the Dakota County assessor.

            (a)    Procedures: Pursuant to MSA section 15.99, an application for site plan approval shall be approved or denied within sixty (60) days from the date of its official and complete submission unless extended pursuant to statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision making period an additional sixty (60) days unless this limitation is waived by the applicant.

            (b)    Site Plan Review Requirements:

               (1)    Certificate: Certificate of survey.

               (2)    Filing; Application: Request for site plan approval, as provided within this chapter, shall be filed with the zoning officer on an official application form. Such application shall be accompanied by a fee as provided for in this code. Such application shall also be accompanied by detailed written and graphic materials, the number and size as prescribed by the zoning officer, fully explaining the proposed change, development, or use and a list of property owners within three hundred fifty feet (350') of the subject property in a format prescribed by the zoning officer. The request shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements.

               (3)    Proof Of Ownership Or Authorization: The applicant shall supply proof of ownership of the property for which the site plan approval is requested or supply written authorization from the owner(s) of the property in question to proceed with the requested site plan approval.

               (4)    Recommendation On Action: The zoning officer shall coordinate the review of the site plan, and provide general assistance in preparing a recommendation on the action to the planning commission.

               (5)    Additional Information Upon Request: The planning commission and city staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony at the expense of the applicant concerning operational factors. Said information is to be declared necessary to evaluate the request and/or to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.

               (6)    Planning Commission Appearance: The applicant or a representative thereof may appear before the planning commission in order to present information and answer questions concerning the proposed request.

               (7)    Recommendation Of Actions Or Conditions: The planning commission shall recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter.

               (8)    Approval By Majority Vote: Approval of the site plan shall require passage by a majority vote of the planning commission.

            (c)    Certification Of Taxes Paid: Prior to approving an application for a major project, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the major project application relates.

   (F)   Evaluation Criteria: The planning commission shall evaluate the effects of the proposed site plans. This review shall be based upon compliance with the city comprehensive plan, the zoning ordinance and other city codes and policies.

   (G)   Information Requirement: The information required for all site plan applications generally consists of the following items, and shall be submitted when requested and specified by the zoning officer:

      1.   Site Plan:

            (a)    Certificate of survey.

            (b)    Name and address of developer/owner.

            (c)    Name and address of architect/designer.

            (d)    Date of plan preparation.

            (e)    Dates and description of all revisions.

            (f)    Name of project or development.

            (g)    Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).

            (h)    North point indication.

            (i)    Lot dimension and area.

            (j)    Required and proposed setbacks.

            (k)    Location, setback and dimension of all buildings on the lot including both existing and proposed structures.

            (l)    Location of all adjacent buildings located within one hundred feet (100') of the exterior boundaries of the property in question.

            (m)    Location, number, dimensions, and type of surfacing material of existing and proposed parking spaces.

            (n)    Location, number, dimensions, and type of surfacing material of existing and proposed loading spaces.

            (o)    Curb cuts, driveways.

            (p)    Type of surfacing material.

            (q)    Vehicular circulation.

            (r)    Sidewalks, walkways.

            (s)    Location and type of all proposed lighting.

            (t)    Location of recreational and service areas.

            (u)    Location of rooftop equipment and proposed screening.

            (v)    Provisions for storage and disposal of waste, garbage, and recyclables.

            (w)    Location, sizing, and type of water and sewer system mains, fire hydrants closest to the property and proposed service connections.

      2.   Grading/Storm Water Drainage Plan:

            (a)    Existing contours at two foot (2') intervals.

            (b)    Proposed grade elevations, two foot (2') maximum intervals.

            (c)    Drainage plan including configuration of drainage areas and calculations.

            (d)    Storm sewer, catch basins, invert elevations, type of castings, and type of materials.

            (e)    Spot elevations.

            (f)    Proposed driveway grades.

            (g)    Surface water ponding and treatment areas.

            (h)    Erosion control measures.

            (i)    Calculation of total square footage of site to be covered with impervious surfaces.

      3.   Landscape Plan:

            (a)    Planting schedule (table) containing:

               (1)    Symbols.

               (2)    Quantities.

               (3)    Common names.

               (4)    Botanical names.

               (5)    Sizes of plant material.