Planning & Zoning

December 10, 2020  AGENDA Planning & Zoning Commission City Council Chambers – 800 Municipal Drive December 10, 2020 - 3:00 p.m. This meeting will be held virtually using Zoom at: https://us02web.zoom.us/j/87869783161 Item 1 Call Meeting to Order 2 Approval of the Agenda 3 Approval of the Minutes of the November 12, 2020 P&Z Meeting 4 Public Meeting – Draft updates to the Unified Development Code – Discussion, possible action, regarding proposed revisions to the 2007 Unified Development Code. (Beth Escobar) 5 Business From: Floor: Chairman: Members: Staff: 6 Adjournment The recommendation of the Planning and Zoning Commission is scheduled to be considered at the City Council Meeting on Tuesday, January 19, 2021. ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with mobility disabilities. If you plan to attend a meeting and need an auxiliary aid or service, please contact the City Clerk's office at 599-1101 or 599-1106, prior to the meeting so arrangements can be made.  MINUTES PLANNING & ZONING COMMISSION NOVEMBER 12, 2020 The Planning and Zoning Commission met in a regular session on November 12, 2020 at 3:00 p.m. in the City Council Chambers, 800 Municipal Drive, Farmington, New Mexico and via Zoom at https://us02web.zoom.us/j/84712549254. P&Z Members Present: Chair Joyce Cardon Ryan Brown Cheryl Ragsdale Mitch Sewell Gary Smouse Cody Waldroup P&Z Members Absent: Vice Chair Clint Freeman Shay Davis Elizabeth Lockmiller Wayne Mangum Staff Present: Anita Vigil Beth Escobar Elizabeth Sandoval Karen Walker Others Who Addressed the Commission (Via Zoom Virtual Platform): None Call to Order Chair Joyce Cardon called the meeting to order at 3:00 p.m. There being a quorum present the following proceedings were duly had and taken. Approval of the Agenda There were no changes to the agenda. A motion was made by Commissioner Brown and seconded by Commissioner Waldroup. A roll call vote was taken and this motion was approved unanimously by a 6-0 vote. Approval of the Minutes A motion was made by Commissioner Sewell and seconded by Commissioner Smouse to approve the minutes of the October 29, 2020 P&Z Meeting. A roll call vote was taken and this motion was approved unanimously by a 6-0 vote. Swearing in of Witnesses There were no witnesses, discussion item only on the agenda. Draft UDC Updates (B. Escobar) Beth Escobar, Planning Manager, presented Draft UDC updates. Two issues needing continued discussion, fowl and lighting will be presented. Fowl 2.4.7 Animals or fowl. (Other use categories, Animals or fowl). Keeping or raising animals or fowl shall comply with the standards of this section. For keeping of animals for commercial purposes, refer to Section 2.4.2 of this Code (1) Within the residential agricultural (RA) district, the keeping of animals or fowl in accordance with the recommended animal unit capacity per acre is permitted by right. (2) In all other residential districts other than (RA) the keeping of fowl is a permitted subject to the guidelines of Section 6-4-2 – General cleanliness of premises where animals are kept – of the City of Farmington Municipal Code. If complaints are received regarding the keeping of fowl on a property, issues must be addressed immediately or the right to keep fowl will be revoked. An Administrative Review application that addresses any complaints received shall be required in order to retain the right to keep fowl on the property. The keeping of roosters in other than the Residential Agricultural (RA) District is prohibited. The maximum number of fowl permitted per property is six. No shelter for fowl shall be erected closer than 10 feet to a neighboring dwelling unit. No slaughtering of fowl on the property is permitted. Commission Discussion Commissioner Waldroup asked on the shelter of 10 feet to dwelling area is standard. Planning Manager Escobar stated that it takes into consideration the smaller lots. The Planning Division can be flexible on this section of the Code. Commissioner Smouse asked what the concern was from Council Planning Manger Escobar stated that the concern from Council in general is that they do not like regulations. The 10 feet requirement does come from a standard and can be added in the Code to be flexible. Commissioner Brown asked if the fence is included in the shelter. Planning Manger Escobar stated that it does not. Commissioner Sewell stated that he is in favor of the 10 feet and consideration of adjusting if needed. Planning Manager Escobar stated that it could be added to keep the 10 feet and add an advisory comment that anything less than 10 feet must be approved by the Planning Division. Commissioner Brown asked if a subdivision does not allow fowl, then that must be abided by. Planning Manager Escobar stated that was correct. Commissioner Waldroup asked if fowl could be kept at an apartment complex. Planning Manager Escobar stated that landlord would have to approve the fowl. Commissioner Smouse stated that he agrees with the comments made by staff and the Commissioners. Commissioner Sewell asked if this code only applies to chickens, or if hawks and other birds were included. Commissioner Ragsdale asked if peacocks were considered fowl. Planning Manager Escobar stated it only applies to fowl, fowl being chickens, ducks, geese, and not birds of prey. Birds of Prey are not regulated at this time. Peacocks would be considered probably on a case by case basis. Chair Cardon asked if that would fall under the Planning Division jurisdiction. Planning Manager Escobar stated that it would be handled by Code Enforcement. Lighting Dark Sky Initiatives • Often associated with locations with observatories • Prevent glare of artificial lights from obscuring night sky International Dark Sky Association • Glare can cause unsafe situations • Most effective lighting is fully-shielded, downward directed New Mexico Dark Sky Act • Compliance is required through the NM Electric Code Satellite Interpretation of Light Pollution in the US Local Interpretation of Light Pollution Value of Dark Skies Economic Development Impact  Dark skies are attractive to tourists and visitors  New Mexico True Dark Skies Trail newmexico.org/darkskies  New Mexico state law protects night skies  A well-lit, warm, safely illuminated city is inviting and welcoming Health impacts  Negative effect on human health  Disrupts circadian rhythms  Contributes to sleep disorders International Dark Sky Association  Recommendations  Always choose full-cutoff fixtures that emit no light above a horizontal plane passing through the light-emitting element of the fixture nearest to the ground  Use “warm-white” or filtered LEDs (CCT ≤ 3000 K) to minimize blue emission  Look for products with adaptive controls like dimmers, timers, and motion sensors  Consider dimming or curfew requirements during overnight hours  Avoid the temptation to overlight because of the increased efficacy of LEDs (LED lights emit light in the red and yellow portion off the visible spectrum, having less impact)  Only light the exact space and in the amount required for particular tasks Summary of Suggested Changers to the UDC  Expand regulations to include all new commercial and multi-family  Require fully shielded lighting, except for some allowance for landscaping lighting.  Coordinates with FEUS street light requirements  Allows and encourages LED lighting  Light temperature is restricted to 4,000-6,000 lumens  Encourage compliance from existing businesses Brochure handed out by Planning Manager Escobar: Commission Discussion Commissioner Waldroup stated that there is a cost savings when you convert to LED lighting. Planning Manager Escobar referenced the brochure that was handed out to the Commissioners, referencing the picture with the glare and the safety issues that brings up. Commissioner Smouse asked if there were incentives for existing business to change their lighting. Planning Manager Escobar stated that she is not aware of any incentives, but that would be worth exploring. Commissioner Smouse stated that it would be helpful for the City to join in on the efforts of business making these changes and possibly help offset some of the costs that would be incurred by being able to comply. Planning Manager Escobar stated that all the recommendations and comments would be brought forward would be presented to Council and she would do some research. Commissioner Sewell stated that another issue with lighting are signs, referencing Dr. Graff’s business sign and the brightness of it. Commissioner Sewell asked if signs were also included in the lighting portion of the UDC update. Planning Manager Escobar stated that the lighting section of the code does not apply to signs. Ms. Escobar stated that originally changes for the sign code were not planned, but with some feedback received she is reviewing the need to update that section of the code. Planning Manager Escobar stated that she hopes to have at the first P&Z meeting in December, recommendation on adoption of the UDC changes. Ms. Escobar stated that she has also been working on defining Loan Companies so that there is clear path of what can be allowed in certain districts, coordinating the street classification in the UDC with the MPO and engineering standards, digital signs and correction to the SUP section of the code. A clean draft will be available to the Commission in December. Business from the Floor: There was no business from the Floor. Business from the Chair: Chair Cardon wished everyone a safe and happy Thanksgiving. Business from the Members: Commissioner Waldroup stated that he would like to thank Ms. Escobar for all the hard work she has put into the UDC updates. Chair Cardon stated that she agrees and sees Ms. Escobar’s documentation as precise. Planning Manager Escobar stated that it was a pleasure working with the Commission. Business from Staff: Planning Manager Escobar stated that Council approved the recommendations of the P&Z Commission for the SUP on Pryor Ln. The conditions were changed by reducing the time to get the shelter and fence to 30 days and are requiring that the horses stay north of that fence. The SUP will not go into effect until the conditions are met. If the fence and shelter are not built within 30 days the P&Z Commission will not have to revoke the SUP, it will just show that the conditions were not met and they are in code violation. Planning Manager Escobar also stated that an implementation plan is the process for the Comp Plan. Ms. Escobar asked if the Commission was interested in a role in implementing the action items of the Comp Plan. Chair Cardon stated that she would be interested and if we should take a poll of the Commissioners. Planning Manager Escobar stated unless she hears no, then she will put that in as an option for Council to consider. Commissioner Ragsdale asked about the status of the cell tower SUP. Planning Manager Escobar stated that the cell tower SUP was postponed, giving Council time to review the lease option from Gravity Pad. Commissioner Brown asked why it was stated that health was not allowed as an option to deny the SUP for the cell tower. Planning Manager Escobar stated that cell towers are regulated by the FCC and the FCC has determined that there are no health issues due to radio frequencies generated by wireless towers. Municipal governments cannot consider health concerns as a denial for a location of a wireless tower. Adjournment: With no further business and a motion by Commissioner Sewell and seconded by Commissioner Ragsdale, the Planning and Zoning Commission meeting of November 12, 2020 was adjourned at 3:41 p.m. A roll call vote was taken and the motion was approved by a 6-0 vote. ____________________________ _____________________________ Joyce Cardon Elizabeth Sandoval Chair Administrative Assistant Memo To: Planning & Zoning Commission From: Beth Escobar, Planning Manager Date: December 10, 2020 Subject: Public Meeting – Discussion/possible action regarding updates to the Unified Development Code Background The Planning & Zoning Commission began reviewing proposed changes to the Unified Development Code (UDC) on August 13, 2020. The UDC is the regulatory document for both public and private development within the City of Farmington. Updated Table of Changes Attached to this report is an updated table of changes reflecting the Commission’s discussion over the last several public meetings. New Code Changes to Review Article 5 – Development Standards A new Section, 5.13, has been added regarding street classification and design. This is at the request of the Community Works Director to align the UDC with adopted engineering standards and New Mexico Department of Transportation standards. A copy of the new code is attached to this report. Article 8 – Administrations and Procedures Section 8.9 Special Use Permits (SUP) Sec. 8.9.2.A: This code has been revised to allow SUP’s for both residential and commercial uses to be transferable with a change in ownership. Sec. 8.9.6.A & B: These sections have been amended to allow for the time limit for SUP’s to be set through the conditions of approval. A redline of these changes is attached to this report Article 9 – Nonconformities Changes to Sections 9.2.4 and 9.3.3 eliminating the prohibition against rebuilding or reestablishing a non-conforming structure. Per these sections of the code, if a non-conforming use or structure is destroyed by more than fifty percent, it cannot be rebuilt. This can prevent current owners from refinancing or selling their property. In staff’s opinion, this antiquated zoning code does not support current financial realities. A redline of these changes is attached to this report. Article 11 – Definitions A definition has been added for loan companies. Redline version is attached to this report. The entire redline draft of the revised UDC, as well as a clean copy, are posted on the Planning Division website at: Planning | Farmington, NM - Official Website Commission Action Staff is asking the Commission to recommended adoption of the draft changes to the UDC so the document can move forward to City Council for consideration. The following to be added to Section 5 Development Standards of the UDC: Section 5.13 Street Classification Street Classification Classification MTP NMDOT Description- Land Use Context Average Complete Streets Functional Functional Function Area (LUCA) Daily Design Guidelines Class Class Equivalent Traffic (ADT) Lane/Alley shared lane, no Up to 100 May not exceed future connectivity 200’ due to topographic or geographic obstacles that would cause road grade to be above 10 percent Local Street Local-Small One or two lane Rural Up to Urban roads with low travel 1,500 speed. Serves low density residential areas. Provides direct access to higher road systems, no through traffic. Street Minor Minor Collector- Two lane roads with Residential and Up to Sidewalks Collector Small Urban low travel speeds. commercial 2,000 On-street bus stop Crosswalks Continuous ADA connection Avenue Major Major Collector- Roads that are Higher density Up to Buffered Sidewalks Collector Small Urban longer in length with residential and 4,000 Designated bike higher speed limits. commercial/industrial lanes May have more areas. Distribute and On-street travel lanes. More channel trips Shoulder/Parking signalized between Local Roads Lane intersections. and Arterials. Bus Stops Boulevard Minor Minor Arterial- Provide service for Provide Over 4,500 Detached Multi- Arterial Small Urban trips of moderate interconnectivity use Trails and length, connect to between Sidewalks higher arterial neighborhoods and Bus Pullouts system. Serves commercial areas. Protected Bike shorter distance Lanes trips than principal arterials Parkway Principal Principal Arterial - An arterial Connect major center Over 7,000 Detached Multi- Arterial Other Small Urban connecting highways of metropolitan areas use Trails and and other arterials SidewalksProtected with lower class Bike LanesBus roadways; PulloutsIntelligent connecting major Transportation activity centers; and Systems (ITS) serving trips entering and leaving the urban areas as well as trips within the urban area. Streets shall be designed to the following standards: Street Design Minimum Standards Classification Total Sidewalk Buffer Curb Gutter Parallel Transition Bike Travel Center Detached ROW Zone Zone Parking Zone Lane Lanes Median Multi Zone Use Trail Lane/Alley 24' Drain Single to 20’ middle lane Local street 50’ 5’ 6” 1.5’ 2@11’ Street 60' 5' 5’ 6” 1.5’ 8.5' 2' 6' 2@11' 10' a Avenue 70' 5' 5’ 6” 1.5’ 6’ 4@12' 14' 10' a Boulevard 100' 5’ 6” 1.5’ 4@12’ 16' 10' Parkway 120' 10’ 6” 1.5’ 6@12' 16' 10' The Director may approve deviations from the above standards where warranted. Note “a”: These classifications may be able to exchange a multi-use trail for the bike lane requirement. be allowed; and may require the imposition of additional conditions in order to ensure the appropriateness and compatibility of the use at a particular location. A. Except as provided herein or specified in the conditions of a special use permit, ownership of a special use permit is not transferrable. However, Sspecial use permits approvals attach to the property andassociated with nonresidential uses are transferrable to subsequent owners. 8.9.3 Special use application process. A. Pre-application conference. Prior to the submission of land use applications, applicants are encouraged to attend a preapplication conference as set forth in section 8.1.2. B. Application submittal. A complete application for a special use permit shall be submitted to the Director or designee as set forth in section 8.1.3. A complete site plan prepared in accordance with section 8.5 shall accompany all applications for a special use permit. C. Posting and pubic notification. Once the application is complete, the required public notices shall be issued, as set forth in section 8.1.7. 8-24  D. Review and report by the Director or designee. The Director or designee shall review the proposed development for compliance with the criteria enumerated in section 8.9.4, below, and prepare a report. E. Review and recommendation by the commission. The commission shall review the special use permit application in a public hearing. Following consideration of the application's consistency with the criteria enumerated in section 8.9.4, below, the commission shall vote to recommend approval, approval with conditions, or denial of the special use application. F. Review and final action by city council. (1) The city council shall review the special use application in a public meeting. Following consideration of the application's consistency with the criteria enumerated in section 8.9.4, below, the council shall vote to approve, approve with conditions, or deny the special use application. (2) Written protests must be received in the Community Works department offices of the City of Farmington 24 hours prior to the city council meeting at which the petition will be considered. G. Notice of decision. Written notice of the decision to approve or approve with conditions, or deny shall be provided to the applicant within five working days of the decision, and a copy shall be filed in the office of the Director or designee. H. Revocation of a special use permit process. The special use permit may be revoked by this section whenever: (1) It is determined that a use of property for which a special use permit has been granted is not being conducted within the terms of the special use permit including [section] 8.9.4 special use criteria; that such use has been allowed to accumulate litter or debris, to be a public nuisance, to an attractive nuisance to children, or to attract vagrants, criminals or public intoxication; or is otherwise detrimental to the public health, safety or welfare. (2) Before the special use has commenced, and it is determined that such special use is not in the public interest; or (3) The owner of the property affected petitions for revocation. 8.9.4 Special use review criteria. Special use permits may be approved where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the public. The following criteria shall be considered in the application review: A. Effect on environment. The location, size, design, and operation characteristics of the proposed use shall not be detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants, nor be substantially or permanently injurious to neighboring property. B. Compatible with surrounding area. The proposed site plan, circulation plan, and schematic architectural designs shall be harmonious with the character of the 8-25  surrounding area with relationship to scale, height, landscaping and screening, and density. C. External impacts minimized. The proposed use shall not have negative impacts on existing uses in the area and in the city through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. The applicant shall provide adequate mitigation responses to these impacts. D. Infrastructure impacts minimized. The proposed use shall not have negative impacts on existing uses in the area and in the city through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to provide services adequately. E. Consistent with UDC and comprehensive plan. The proposed use will be consistent with the purposes of this UDC, the comprehensive plan, and any other statutes, ordinances or policies that may be applicable, and will support rather than interfere with the uses otherwise permitted in the zone in which it is located. F. Parcel size. The proposed use may be required to have additional land area, in excess of the minimum lot area otherwise required by the underlying zoning district, as necessary to ensure adequate mitigation of impacts on surrounding land uses and the zoning district. G. Site plan. The proposed use shall be required to comply with the site plan review procedures and standards of section 8.5, site plan review, as specified. 8.9.5 Additional conditions. The commission may recommend and the city council may impose additional reasonable conditions as necessary to carry out the purpose and intent of this UDC and to mitigate adverse effects of the proposed use. A. Such conditions may include, but are not limited to, increased open space, loading and parking requirements, additional landscaping or buffering, and additional improvements such as curbing and sidewalks. B. The applicant may be required to post a bond, letter of credit or other security, in a form acceptable to the Director or designee, to guarantee required improvements or conditions. 8.9.6 Expiration of approval. A. Special use permits shall be valid for a period ofexpire after 18 months from the date of approval . Iif construction or operation of the approved use has not commenced within this period, the special use permit shall expire. B. Time limits of Special Use Permits shall be set through the conditions of approval. The city council may extend the special use permit for up to five yearsa definitive time period upon written request from the applicant, which must be received before the date of expiration. 8-26  9.2.2 Special use. A use existing on the effective date of this UDC, or subsequent amendment applicable to the use, which would only be permitted as a special use, shall be deemed to have a special use permit. Any change or expansion of such use shall require a new special use permit pursuant to section 8.9. 9.2.3 Change of use. A. Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not revert to a nonconforming use. B. Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy. 9.2.4 Destruction or demolition. If a nonconforming use or structure containing a nonconforming use (see section 9.3.3) is destroyed by fire, the elements or other cause, it may not be rebuilt in conformance with current except in conformity with the provisions of this UDC and Building Codes. In the case of partial destruction of such a use not exceeding 50 percent of its replacement value, reconstruction may be permitted by special use permit, provided, however: A. The size and function of the nonconforming use shall not be expanded; and Formatted: p0 B. Work on the restoration of the use must begin within six months and be completed within 12 months of the time of the calamity. 9.2.5 Cessation of a nonconforming use. A. Whenever a nonconforming use has been discontinued and changed to a conforming use, or whenever a nonconforming use, other than a mobile home park existing on February 13, 1973, has been discontinued for more than 12 months attributable, at least in part, to the property owner or occupant, a presumption of intent to cease said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful, unless following written notice from the city to the property owner of the pending loss of the nonconforming status, the property owner shows the Director or designee proof that it was not the intention to abandon the use. B. Whenever a nonconforming mobile home has been discontinued and changed to a conforming use, or whenever a nonconforming use, has been discontinued for more than 12 months attributable, at least in part, to the property owner or occupant, a presumption of intent to cease said use shall have been established and the right to continue the former nonconforming use shall no longer exist. Subsequent operation as a nonconforming use shall be unlawful, unless following written notice from the city to the property owner of the pending loss of the nonconforming status, the property owner shows the Director or designee proof that it was not the intention to abandon the use. C. Upon determination by the Director or designee of cessation of a nonconforming use, the property owner shall have 30 calendar days within which to submit a written appeal to the ARB. 9-2  9.2.6 Special use permits for nonconforming uses. A. Any lawful nonconforming use of a building shall be considered to be in conformity with the terms of this Code upon application and approval of a special use permit. In order to grant a special use permit, the city council must find: (1) The use is compatible, in terms of scale, building size and intensity of land use, with the existing and permitted uses in the local neighborhood; (2) The use does not create excessive additional traffic in the neighborhood; and (3) The use does not generate noise, smoke or other environmental pollutants that are foreign to the neighborhood. B. In granting a special use permit for a nonconforming use, the city council may impose such conditions as reasonably necessary to promote harmony with adjacent permitted uses in the district. Such conditions may include, but not be limited to, the following: (1) Requirement that standards for off-street parking be met; (2) Requirement for physical improvements to the structure to make it compatible with neighboring properties; (3) Requirement for additional landscaping; (4) Limitation on density or future expansion of the use; and (5) Elimination of nonconforming characteristics of use, such as signage, outside storage, off-street parking and the like. C. It shall be the responsibility of the applicant to provide evidence that the use for which the special use permit is sought lawfully existed prior to the adoption of the provision of the code which resulted in the use no longer being subject to the provisions of the Unified Development Code, section 9.2, nonconforming uses, but shall be subject to the general provisions pertaining to special uses and whatever conditions are attached to the special use permit. D. This section applies to nonconforming uses of structures and shall not be construed to apply to nonconforming lots, nonconforming structures or nonconforming uses of unimproved land. (Ord. No. 2011-1251, § 6, 10-25-11) Sec. 9.3 - Nonconforming structures. 9.3.1 Continuance. An existing structure that is not in compliance with this UDC or subsequent amendment applicable to the structure shall not be enlarged, extended, or substituted, except in full compliance with this UDC. 9.3.2 Ordinary repair and maintenance. Normal maintenance and incidental repair may be performed on a conforming structure that contains a nonconforming use or on a 9-3 nonconforming structure. This section shall not be construed to prevent the strengthening or restoration of a nonconforming structure. 9.3.3 Destruction or demolition. If a nonconforming structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this UDC and current Building Code. In the case of partial destruction of a structure occupied by a nonconforming use not exceeding 50 percent of its replacement value, reconstruction may be permitted by the special use permit, provided, however: A. The size and function of the nonconforming use shall not be expanded; and B. Work on the restoration of the use must begin within six months and be completed within 12 months of the time of the calamity. Sec. 9.4 - Nonconforming lots of record. 9.4.1 Authority to utilize for single-family residence. A single-family dwelling and customary accessory buildings may be developed on a qualified lot of record, as defined in Article 11, definitions, which has less area than the minimum required by the subject zone district pursuant to section 6.3, building lots. The proposed single-family dwelling shall be located on the lot so that the yard, height, and other dimensional standards of the underlying zoning district can be met, or a variance is obtained from the ARB pursuant to section 8.12, variances. The dwelling shall be placed on the lot so as to provide a yard on each side of the dwelling. 9.4.2 Other uses of nonconforming lots: Site plan required. In any district in which single-family dwellings are not permitted, a nonconforming lot of record, which meets the requirements above, may be used for any use permitted in the district in which it is located if, but only if, a site plan for such use has been approved in accordance with the provisions of section 8.5, site plan review. Sec. 9.5 - Nonconforming signs. 9.5.1 Continuation allowed. A lawfully existing nonconforming sign may continue except as otherwise provided in or authorized by this section. A change in the information on the face of an existing nonconforming sign is allowed if the change does not increase the area of the sign face or decrease the opacity of an internally illuminated sign. However, any nonconforming sign shall either be eliminated or made to conform to the requirements of section 5.8, signs, when any substantial alteration to the sign or structure is performed, other than change of text or sign panels, routine maintenance, or repair. 9.5.2 Alteration, expansion, moving. Signs may be temporarily removed for maintenance or sign face change if re-erected within 20 days, provided that no nonconforming sign shall be: A. Changed or altered in any manner which would increase the degree of its nonconformity; B. Expanded; C. Altered by replacement of structural supports; or 9-4  TERMS Term Definition or waste material. Junkyard or wrecking yards are not permitted within the City of Farmington. Lane See Local Street A portion of the site or property containing vegetation to exist after Landscaped area construction is completed. Landscaped areas include, but are not limited to, natural areas, buffers, streetscapes, lawns and plantings. Landscaping plan Those site plan requirements specified in subsection 5.5.8A. A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practice to contain, control, Levee or divert the flow of water so as to provide protection from temporary flooding. A flood protection system that consists of a levee and associated structures, Levee system such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Light spill falling over property lines that illuminates adjacent grounds or Light Trespass buildings. An area located off the public right-of-way, and reserved exclusively for Loading area loading/unloading of commercial vehicles at a given business, or professional, commercial, or industrial land use. Companies offering same day, ‘over the counter’ loans to customers based on collateral such as tax refunds and auto titles. Loans are issued at an interested Loan Companies rate regulated by the state and significantly, higher that federally set interest rates. One or two lane roads with low travel speed. Serves low density residential Local Street areas. Provides direct access to higher road systems, no through traffic. 11-20