HomeMy WebLinkAboutOrdinance No. 2785 ORDINANCE NO.
`-� AN ORDINANCE ESTABLISHING A NEW ZONING CODE FOR THE
CITY OF ROCHESTER, MINNESOTA, ENTITLED "ZONING
ORDINANCE AND LAND DEVELOPMENT MANUAL OF THE CITY OF
ROCHESTER, MINNESOTA", REGULATING THE USE AND
DEVELOPMENT OF PROPERTY, PROVIDING FOR THE
ADMINISTRATION THEREOF, AND IMPOSING PENALTIES FOR
VIOLATIONS: AMENDING THE ROCHESTER CODE OF ORDINANCES
BY ADDING CHAPTERS 60 THROUGH 66; AND REPEALING OTHER
ORDINANCES RELATING THERETO.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 60 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 60
INTRODUCTORY PROVISIONS
60.100 TITLE
This ordinance shall be known and cited as the "Zoning Ordinance and
Land Development Manual of the City of Rochester, Minnesota" and may be
referred to herein as the "zoning ordinance" or "ordinance".
60.110 AUTHORITY
The 1965 Laws of Minnesota, Chapter 462, authorizes the municipality to
administer planning and zoning activities, establish a Zoning Board of
Appeals, enact official controls, and provide penalties for violation
thereof. Chapter 104 and 105 of the Minnesota Statutes authorize
minimum standards and criteria for the management of "Shoreland" and
"Floodplain" Areas within the City of Rochester.
60.111 Statement of Purpose:
In order to protect the public health, safety, morals and general
welfare of the community, this ordinance is adopted by the City
Council for the purposes identified in Chapter 462 of the Statutes of
the State of Minnesota which relate to Municipal Planning (in
particular, paragraphs 462.351 through 462.365) , for the purpose of
implementing the policies set forth in the Comprehensive Plan of
Rochester, to encourage innovation in land development by removing
regulatory barriers to the consideration of new or unique ideas which
are consistent with the purposes and policies referenced, and to create
a system of land use regulation that is intent on finding equitable
solutions to the land use conflicts which routinely arise as
development occurs, so as to provide for the orderly development of
land within Rochester and to conserve the value of land and buildings.
60.112 The provisions of this ordinance shall be regarded as the minimum
requirements for the protection of the public health, safety, and
general welfare.
60.113 The ordinance and the various articles and paragraphs thereof are
hereby declared to be severable. If any article, section, subsection,
paragraph, sentence or phrase of the ordinance is adjudged
unconstitutional or invalid by any court of competent jurisdiction, the
remainder of the ordinance shall not be affected thereby.
60.120 ADMINISTRATIVE BODIES
60.121 Zoning Administrator: There is hereby established the office of Zoning
Administrator. It shall be the duty of the zoning administrator to
enforce the ordinance in accordance with its administrative provisions.
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The Planning Director, as provided for in RCO, Chapter 20.16, or his
authorized representative shall serve as the zoning administrator.
, i 60.122 Zoning Board of Appeals:
There shall be a zoning board of appeals consisting of seven members,
one of whom shall be a member of the commission. All members shall be
appointed by the Mayor with the approval of the council. Members shall
serve for a term of three years, except the commission representative,
who shall serve for a term of one year. No member shall serve more
than two consecutive terms. The board shall choose a chair from among
its membership and determine its rules of proceeding, a copy of which
shall be filed with the zoning administrator
60.123 Planning and Zoning Commissions There shall be a Planning and Zoning
Commission .established as organized under Chapter 20 of the Rochester
Code of Ordinances. The commission shall have advisory and decision
making powers relative to various administrative procedures as
identified in the ordinance.
60.124 City Council: The City Council as organized under Chapter VIII of the
Charter of the City of Rochester, Minnesota, which shall have various
decision making powers granted to it as identified in the ordinance.
60.130 ENFORCEMENT POLICY: It is the policy of the City that the purpose and
intent of this section will normally be served best if the zoning
administrator first seeks to have a violation brought into compliance.
60.131 Zoning Administrator to be Notified of Violations: Whenever a
violation of this ordinance is known or suspected to exist or expected
to be committed, any person may no notify the zoning administrator.
All officers and agencies of the City of Rochester shall notify the
zoning administrator of any information which suggests that a violation
exists or is expected to be committed.
60.132 Zoning Administrator to Investigate Violations: Upon receiving any
information which suggests a violation, the zoning administrator shall
conduct an investigation to determine whether a violation exists or is
reasonably expected to be committed. To this end, the zoning
administrator and his authorized representatives are hereby empowered
to cause any building, other structure, or tract of land to be
inspected and examined. Where necessary, the zoning administrator may
call upon the Chief of Police for assistance.
60.133 Notice of Violation: The zoning administrator shall, if he determines
a violation exists or is reasonably expected to be committed, promptly
give notice by certified or registered mail, or by personal service to
the owners of record for tax purposes of the property involved. The
notice shall indicate the location and nature of the violation, the
provision or provisions of the ordinance which have been or are
expected to be violated, and whether immediate enforcement will be
sought or thirty (30) days allowed to correct or remove the violation.
A defect in the notice of violation with respect to such matters shall
not prevent the enforcement of this ordinance.
60.134 Discontinuance of Works Once the notice of violation has been served,
no work shall proceed on any development covered by such orders, except
in a manner consistent with this ordinance or to correct and bring into
compliance such violation.
60.135 Enforcement After Expiration of Time Period: If, after the time period
provided in the notice of violation has elapsed and the alleged
violation has not been corrected or brought into compliance, the zoning
administrator shall consult with the city attorney, and the city
attorney shall initiate any legal or equitable action which is deemed
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appropriate. Such action shall not be initiated if: a) an appeal of
the notification of violation has been filed with the Department of
Planning and Housing, or b) the City Council or court of competent
jurisdiction has stayed enforcement pending the out come of a
proceeding before it concerning the violation. The zoning
administrator or his designee shall act as a complaining witness when
necessary to initiate a criminal action against a violation. If a
civil action is required, the zoning administrator shall request that
the city attorney have the matter placed on the agenda of the City
Council and that the Council authorize such action.
60.136 Violations and Penalties: Any person, firm or corporation violating
any of the provisions of the ordinance, or any amendment thereto, is
guilty of a misdemeanor. Each and every day during which such
violation continues shall be deemed to be a separate offense. Fines
and imprisonment are appropriate as a penalty for violations and a
deterrent against future violations.
60.140 APPLICATION AND SCOPE OF ORDINANCE: This ordinance applies Within the
municipal limits of the City of Rochester as now and hereafter
established, along with those areas outside the established municipal
limits where, through joint legislative agreement with the appropriate
governing body, the ordinance shall be put into effect.
60.141 The regulations of this ordinance shall apply to all development, and
no development shall occur unless in conformity with the regulations of
this ordinance. All departments, officials, and public employees of
the City of Rochester vested with the duty or authority to issue
permits or licenses shall comply with the provisions of this ordinance.
60.142 Compliance Required: It shall be the responsibility of all property
owners, architects, contractors, subcontractors, builders and other
persons involved in any development, before beginning any development
activity, to contact the zoning administrator to determine what
approvals will be required, and to - obtain any necessary permits or
certificates. Individuals or firms doing or performing any work in
violation of the ordinance or prior to the issuance of required permits
or certificates shall be held accountable for such violations. The
zoning administrator may revoke an approved permit for non-compliance
with standards and conditions. Compliance with the provisions of this
ordinance may also be enforced by injunctional order at the suit of the
City of Rochester. It shall not be necessary to prosecute for
forfeiture before resorting to injunctional proceedings.
60.143 Any use or occupation of land approved prior to the effective date of
this ordinance as a conditional use or as a Planned Unit Development
shall be permitted to continue as a lawful use or occupancy. The
approved site plan and all terms, covenants and conditions shall remain
in effect and shall continue to control the use or occupation of such
land. Changes or modifications to the use, occupancy or site design,
or interpretations necessary to clarify detail not addressed in the
approved plan, shall be made in accordance with the standards and
procedures of this ordinance. Where a Conditional Use or Planned Unit
Development has been approved for a site but the development has not
been constructed, the approved plans remain in effect and may be used
to guide the development of the site unless a revised plan is
submitted and approved under this ordinance.
60.144 It is not intended by this ordinance to repeal, abrogate, annul,
impair, or interfere with any existing easements, covenants, deed
restrictions, agreements, rules, regulations, ordinances or permits
previously adopted or issued pursuant to law. However, wherever this
ordinance imposes greater restrictions, the provisions of this
ordinance shall govern.
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60.145 This zoning ordinance shall take effect and be enforced on January 1,
1992, or upon the date which the ordinance takes place whichever is
later.
60.146 For all applications filed under the regulations of this ordinance, the
burden shall be upon the applicant to provide the necessary
information that will show that the proposed development will comply
with the provisions of this ordinance and other applicable elements of
the comprehensive plan.
60.147 All permits and certificates shall be processed under either a Type I,
Type II, or Type III review procedure as these procedures are described
in Article 60.500.
60.150 VESTING OF RIGHTS: A permit or license issued in conflict with the
provision of this ordinance shall be null and void and of no effect
whatsoever. Where a landowner has, in good faith and in reliance upon
a permit issued in error, begun construction, the matter shall be
referred to the Council for disposition.
60.151 Permits and certificates are valid only for the development specified
therein. Conditions attached to an approved development permit are
given the same force as if they appeared in the text of the Zoning
ordinance. A development permit is permanent in nature unless the
approving body or this Ordinance limits its effective period. An
approved permit or certificate is assignable, but an assignment does
not discharge any assignee from any obligation owed any local
governmental unit in connection with the development, unless the
applicable unit of government consents to the discharge.
60.152 Applications for permits or certificates which may be affected by
proposed amendments to this ordinance shall not be approved unless the
zoning administrator is satisfied that the proposed development -will
meet the requirements of the existing ordinance as well as the proposed
ordinance language.
60.153 Changes in the zoning ordinance that become effective after an
application for a certificate or permit has been filed but before the
certificate or permit has been issued apply to the pending application
unless the amendment provides otherwise or it is determined that the
former ordinance should be made applicable in a particular case in the
interest of justice. The mere filing of an application for a zoning
certificate, development permit, or variance confers no rights upon the
applicant, petitioner, or appellant.
60.154 If this zoning ordinance is amended to prohibit or change the standards
applicable to a development authorized by a certificate or permit, the
permit becomes void by operation of the law on the effective date of
the amendment, unless the ordinance establishing the amendment provides
otherwise or the applicant, in good faith and in reliance upon the
permit, within ninety (90) days, began construction subsequent to the
issuance of the permit but before adoption of the amendment.
60.160 INTERPRETATION OF THE ORDINANCE
60.161 Purpose: The provisions of this section are intended to establish
guidelines to follow in clarifying ambiguities that may arise regarding
the meaning of text in the Ordinance, . the interpretation of the zoning
map it incorporates, or the application of rules and regulations
adopted pursuant to the Ordinance.
60.162 Authority: Subject to the requirements set forth in this section, the
zoning administrator shall render interpretations to any provision of
this ordinance or any rule or regulation issued pursuant to it.
if
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60.163 Rounding of Numeral Requirements: The application of ordinance
standards resulting in fractional requirements shall be treated in the
following way:
Off-Street Parking Spaces: The requirement for a fractional space
shall be rounded up to the next whole number, resulting in the
provision of one full space.
Setbacks: No rounding of fractional requirements shall occur. When
checking actual on-site measurements, the zoning administrator shall
recognize the inherent difficulty in providing for an exact building
location and shall permit minor deviations to occur as long as the
spirit and intent of the ordinance is met.
Density or Floor Area: Calculations resulting in a fractional unit may
be rounded up to the next whole number.
Height: No rounding of fractional requirements shall occur. When
checking actual on-site measurements, the zoning administrator shall
recognize the inherent difficulties in establishing final grade lines
during construction and shall permit minor deviations to occur as long
as the spirit and intent of the ordinance is met.
Plant materials: Calculations resulting in provision of a fractional
plant unit shall be rounded up to the next whole number.
60.164 Meaning of Words
All words and terms used in this ordinance have their commonly
accepted, dictionary meaning unless they are specifically defined in
i this ordinance or the context in which they are used clearly indicates
to the contrary. For the purpose of the ordinance, certain terms or
words used herein shall be interpreted as follows:
1) All words used in the present tense include the future tense.
2) All words used in the singular number include the plural, and words
in the plural number include the singular.
3) The masculine gender shall include the female and neuter.
4) The word "shall" is mandatory, and not discretionary, and the word
"may" is permissive.
5) The word "building" shall include the word "structures".
6) The phrase "used for" includes the phrases "arranged for",
"designed for", "intended for", "maintained for", and "occupied
for".
7) The words "land", "property", "parcel", "premise", "tract" are all
interchangeable unless the context clearly indicates to the
contrary.
8) The word "individual" includes a "firm", "association",
"organization", "partnership", "trust", "company", or "corporation"
as well as a single individual.
60.165 Diagrams, Table and Figures
Tables and illustrations labeled as figures are hereby made a part of
this ordinance and given the same force and effect as if they appeared
in the text of this ordinance. Illustrations labeled as diagrams are
for illustrative purposes only and do not constitute a part of the
official zoning ordinance.
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60.166 Interpretation: The Zoning Administrator shall be responsible for the
initial interpretation of ordinance provisions and requirements when a
question arises regarding the meaning of specific provisions. An
individual may request that the Zoning Administrator provide a written
interpretation according to the following procedures.
1) Submission of Request for Interpretation: An individual requesting
an interpretation shall submit a written request to the zoning
administrator on a form supplied by the zoning administrator. The
completed form shall include:
a) The name and address of the individual requesting the
interpretation, the owner of the property (if different) and
any professional or paid consultants advising the applicant
with respect to the proposed development.
b) Identification of the specific provision to be interpreted.
c) The facts of the specific situation giving rise to the request
for an interpretation.
d) The interpretation claimed by the applicant to be correct.
e) In the case of a use interpretation, a complete description of
the proposed use and a listing of permitted uses in the
applicable zoning district which are most similar to the
proposed use.
Before rendering an interpretation, the zoning administrator may
request such further facts and information as in his judgement is
necessary to permit a meaningful interpretation of the provision
question.
2) Preparation of Report: Within five (5) days following the receipt
by the zoning administrator of a completed request or application
for interpretation, the zoning officer shall mail a written copy of
interpretation to the applicant. The zoning administrator shall
state the specific precedent, reasons, and analysis on which such
interpretation is based. The failure of the zoning administrator
to render an interpretation within such time, or such longer period
of time as may be agreed to by the applicant, shall be deemed to be
a rejection of the applicant's proposed interpretation. The zoning
administrator shall keep a copy of such interpretation on file and
shall make a copy of each interpretation available for public
inspection during reasonable hours.
3) Guidelines for Non Use Interpretation: For interpretations not
involving a determination of which use category a proposed
development most closely corresponds to, the zoning administrator
shall use the following guidelines in rendering an interpretation:
An interpretation shall not result in any identifiable loss of
protection afforded to adjacent landowners (both present and
future) and the general public by the regulation as originally
drafted and previously interpreted. . To this end, the public
purpose of the regulation should be identified, the impact of the
proposed interpretation relative to this purpose considered, and a
determination made that the proposed interpretation will ensure a
just balance between the rights of the landowner and all others who
will be affected by the proposal and that it will not result in any
identifiable loss of protection afforded to others unless the
authority to impose additional conditions to protect the public
exists within the framework of administering the Ordinance.
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4) Guidelines For a Use Interpretation: The following guidelines
shall govern the zoning administrator in determining which use
category a proposed development most closely corresponds to:
a) No use interpretation shall allow the establishment of any use
which was previously considered and rejected by the Board of
Appeals on an appeal from a zoning administrator's decision
where it is determined that similar or identical circumstances
exist.
b) No use interpretation shall permit a use in any district when
such use is specifically listed as a permitted or a conditional
use in another district.'
c) No use interpretation shall permit any use in a particular
district unless such use is substantially similar to other uses
permitted in such district and is more similar to other such
uses than to uses permitted or conditionally permitted in a
less restrictive district.
d) If the proposed use is more similar to a use permitted only as
a conditional use in the district in which it is proposed to be
located, then any use interpretation permitting such use shall
be conditioned on the issuance of a conditional use permit
pursuant to this chapter.
5) Effect of an Interpretation: The effect of an interpretation shall
be to 1) to permit an individual to file the appropriate permit or
certificate application, requesting approval of a proposed
development, which incorporates a site design consistent with the
interpretation rendered, or 2) provide the basis for an appeal of
the interpretation under the regulations of Article 61.600 of this
ordinance.
6) Limitations of Interpretations: An interpretation shall be valid
without limitation on the period of time except where the Council,
following the Zoning Administrators submittal of the Annual Report
provided for in 60.167(7) has not affirmed the interpretation or
has taken action to initiate proceedings to amend the ordinance in
such a manner so as to render invalid the interpretation rendered.
In such instances, if after ninety (90) days have lapsed, a
proposed development which could be authorized pursuant to the
initial interpretation but which is not under construction shall
not be established, and the permit or certificate authorizing the
development shall be void upon the date of Council action, unless
in the interest of justice, it is determined that the initial
interpretation shall be made applicable to the approved
development.
7) Annual Report: The zoning administrator shall keep a record of
each interpretation rendered and shall make an annual report on all
use interpretations to the Council and Commission. The report
shall include any recommendations for ordinance amendments needed
to clarify existing language within the ordinance.
60.170 ADMINISTRATION AND RECORD KEEPING
60.171 Duties of the Zoning Administrator: All forms required in the
administration of this ordinance shall be available through the zoning
administrator, regardless of the agency or officer responsible for
determining whether an application should be approved.
60.172 Issuing Office: The Department of Planning and Housing shall be the
office at which requests for assistance may be made, the forms and
application forms necessary in the administration of this ordinance may
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be obtained, permits shall be issued, and the files and records of the J
zoning administrator are kept.
60.173 Rules and Forme: The zoning administrator may make such rules and
prescribe such forms, placards, or other material as may be necessary
to perform his duties and responsibilities consistent with this
ordinance or other competent authority. Such rules or forms shall be
maintained separately in the nature of a public record in the issuing
office. Such rules may be published and sold or distributed for their
actual cost.
60.174 Appendices: Appendices which are adopted by resolution of the City
Council are included with the formal text of the ordinance and are
designed to supplement the regulations contained herein..
60.175 Fees:
There shall be fees adopted for various applications and requests for
information from time to time by resolution of the City Council, as
listed in Appendix A.
60.176 Minutes
In all matters pursuant to this ordinance, the official record of such
matters considered by the City Council, the Commission, and the Board
of Appeals is contained in their minutes. The minutes shall be
maintained as a public record.
60.177 For any purpose, any writing or map may be incorporated by reference
into official minutes if the writing or map is sufficiently described
therein or is a published work in general circulation. Any map or
writing so referenced shall itself be maintained as a public record.
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60.200 DEFINITIONS: For the purposes of this ordinance, the following listed
specific words and terms are defined as follows:
ABUT: To share a common lot line for a distance greater than a point.
ACCESS: A way or means of approach to provide physical vehicular
entrance to a property.
ACCESS ROADWAY: A roadway, privately owned and maintained and
established on an easement or common area, providing joint right of
access for more than four (4) lots.
ACCESSORY APARTMENT: A second dwelling unit permitted as an accessory
use to a single family detached dwelling.
ACCESSORY BUILDING, STRUCTURE OR USE: A building, structure or use
located or conducted upon the same lot (or on a contiguous lot in the
same ownership) as the principal building, structure or use to which
it is related, which is 1) clearly incidental to, and customarily found
in connection with, such principal building or use and 2) is operated
and maintained for the benefit or convenience of the owners, occupants,
employees, customers or visitors of the lot.
ADULT BODY PAINTING STUDIO: An establishment or business which
provides the service of applying paint or other substance whether
transparent or nontransparent to or on the body of a patron when such
body is wholly or partially nude in terms of "specified anatomical
areas."
ADULT BOOKSTORE: A business engaging in the barter, rental, or sale of
items consisting of printed matter, pictures, slides, records,
audiotapes, videotapes or motion picture film, if such shop is not open
to the public generally but only to one or more classes of the public,
excluding any minor by reason of age, or if a substantial or
significant portion of such items are distinguished or characterized by
an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas".
ADULT CABARET: An establishment which provides dancing or other live
entertainment, if such establishment excludes minors by virtue of age
(except any business licensed under Rochester Code of Ordinance Chapter
125A) or if such dancing or other live entertainment is distinguished
or characterized by an emphasis on the performance, depiction or
description of "specified sexual activities" or "specified anatomical
areas."
ADULT COMPANIONSHIP ESTABLISHMENT: A companionship establishment as
defined in Rochester Code of Ordinances, Section 105.01 which excludes
minors by reason of age, or which provides the service of engaging in
or listening to conversation, talk, or discussion between an employee
of the establishment and a customer, if such service is distinguished
or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas".
ADULT ESTABLISHMENT: A business engaged in any of the following
activities or which utilizes any of the following business procedures
or practices:
a. any business which is conducted exclusively for the patronage of
adults and as to which minors are specifically excluded from
patronage thereat either by law or by the operators of such
business, except any business licensed under Chapter 125A of the
Rochester Code of Ordinances; or
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b. any other business which offers its patrons services or
entertainment characterized by an emphasis on matter depicting,
exposing, describing, discussing, or relating to specified sexual
activities or specified anatomical areas.
Specifically included in the term, but without limitation, are adult
bookstores, adult motion picture theatres, adult mini-motion picture
theatres, adult massage parlors, adult saunas, adult companionship
establishments, adult health clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult
hotel or motel, and adult body painting studios.
ADULT HOTEL: Adult hotel means a hotel from which minors are
specifically excluded from patronage and wherein material is presented
which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
ADULT MASSAGE PARLOR, HEALTH CLUB: A massage parlor as required to be
licensed by Rochester Code of Ordinances, Chapter 115 or a health club
which restricts minors by reason of age, and which provides the
services of massage, if such service is distinguished or characterized
by an emphasis on "specified sexual activities" or "specified
anatomical areas".
ADULT MINI-MOTION PICTURE THEATER: A business premises within an
enclosed building .with a capacity for less than 50 persons used for
presenting visual media material if such business as a prevailing
practice excludes minors by virtue of age, or if said material is
distinguished or characterized by an emphasis on the depiction or
description of "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
ADULT MODELING STUDIO: An establishment whose major business is the
provision, to customers, of figure models who are so provided with the
intent of providing sexual stimulation or sexual gratification to such
customers and who engage in specified sexual activities or display
specified anatomical areas while being observed, painted, painted upon,
sketched, drawn, sculptured, photographed, or otherwise depicted by
such customers.
ADULT MOTION PICTURE ARCADE: Any place to which the public is
permitted or invited wherein coin or slug-operated or electronically or
mechanically controlled still or motor picture machines, projectors or
other image-producing devices are maintained to show images to five or
fewer persons per machine at any one time, and where the images so
displayed are distinguished or characterized by an emphasis on
depicting or describing specified sexual activities or specified
anatomical areas.
ADULT MOTION PICTURE THEATERS: A business premises within an enclosed
building with a capacity of 50 or more persons used for presenting
visual media material if said business as a prevailing practice
excludes minors by virtue of age, or if said material is distinguished
or characterized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
ADULT NOVELTY BUSINESS: A business which has as a principal activity
the sale of devices which simulate human genitals or devices which are
designed for sexual stimulation.
ADULT SAUNA: A sauna as defined in Rochester Code of Ordinances,
Chapter 115, which excludes minors by reason of age, or which provides
a steam bath or heat bathing room used for the purpose of bathing,
relaxation, or reducing, utilizing steam or hot air as a cleaning,
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relaxing or reducing agent, if the service provided by the sauna is
�. distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas".
AFFECTED PARTY: For the purposes of this ordinance, the phrase
includes any applicant or petitioner, the owner or occupant of the
property under consideration if different from the applicant, and any
owners of adjacent properties who are entitled to receive a notice of
public hearing or a notice of action for the application involved. An
individual may qualify as an affected party upon showing that he owns,
controls, leases, or otherwise has an interest in property which will
be substantially and directly affected by a proposal and which is
located within 350 feet of the boundary of the property involved in the
proposal.
AISLE: A travelled way in a parking lot by which cars enter and depart
parking spaces.
ALLEY: A public right-of-way which affords a secondary means of
vehicular access to abutting property.
ALTERATION: See Structural Alteration
ANIMAL FEEDLOT: A lot or building or combination of lots and buildings
intended for the confined feeding, breeding, raising or holding of
animals exceeding ten (10) animal units and specifically designated as
a confinement area in which manure may accumulate, or where the
concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. A pasture shall not be considered an
animal feedlot.
1 ANIMAL UNIT: A unit of measure used to compare differences in the
production of animal manure that employs as a standard the amount of
manure produced on a regular basis by slaughter steer or heifer. For
purposes of this ordinance, the following equivalents shall apply:
Animal Unit
One mature dairy cow 1.4
One slaughter steer or heifer 1.0
one horse 1.0
One swine over 55 pounds 0.4
One duck 0.2
One sheep 0.1
One swine under 55 pounds 0.05
One turkey 0.018
One chicken 0.10
For animals not listed above, the number of animal units shall be
defined as the average weight of the animal divided by 1,000 pounds.
ANNEXATION: The incorporation of a land area into the City of
Rochester with a resulting change in the boundaries of the City.
AO Zone: An area of shallow flooding shown on the City of Rochester's
Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to
three (3) feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and undetermined, and where low
velocity flow may be evident.
APPLICABLE ZONING DISTRICT: The specific zoning district
classification as delineated on the Official Zoning Map .of Rochester
which has been attached to a particular parcel of land.
AUTO DEALERSHIP: An establishment engaged in the retail sale, leasing,
repair and servicing of automobiles and light trucks, where vehicles
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for sale are on display in a showroom or on a lot for the traveling
public.
BASEMENT: Any area of a structure, including crawl spaces, having its
floor or base subgrade (below ground level) on all four sides,
regardless of the depth of excavation below ground level.
BEDROOM: In a multi-family or attached dwelling, a private room planned
and intended for sleeping, separated from other rooms by a door, and
accessible to a bathroom without crossing another bedroom or other
living area.
BLOCK: A parcel or group of parcels forming a unit of land bounded on
all sides by a street or other transportation routes or by physical
barriers such as water, or public open space.
BOARD OF APPEALS: The zoning board of appeals of the City of
Rochester, Minnesota.
BOARDER: An individual who, for a consideration, is furnished a
habitable room(s) for sleeping and/or living purposes, and may be
furnished meals or other services as part of the consideration, in a
dwelling unit or manufactured home.
BOULEVARD: Grass or landscaped area located outside the roadway
portion of a street.
BUFFERYARD: A unit of yard together with the plantings required
thereon designed to mitigate nuisance between adjacent land uses or
between a land use and a public street.
BUILDABLE AREA: The area of a lot remaining after the minimum yard or
setback requirements of this ordinance have been met.
BUILDING: Any structure having a roof supported by columns or walls
intended for the shelter or enclosure of persons or property. Where
roofed structures are separated from each other by party walls having
no openings for passage, each portion so separated shall be deemed a
separate building.
BUILDING CODE: Chapter 50 of the Rochester Code of Ordinances.
BUILDING CODE, STATE: The Minnesota State Building Code, setting forth
standards for the construction, addition, modification, and repair of
buildings and other structures for the purpose of protecting the
health, safety, and general welfare of the public, which has been
adopted by the City of Rochester.
BUILDING FRONT: The wall of a building which faces the front lot line
of a lot.
BUILDING LINE: A line parallel to the front lot line at a distance
equal to the minimum depth of the front yard required for the zoning
district in which the lot is located.
BUILDING PERIMETER: The horizontal distance measured along those walls
from which, when viewed from above, lines drawn perpendicular to the
wall will intersect a lot line without intersecting another wall of the
building.
BUILDING, PRINCIPAL: A building in which is conducted, or which is
intended to be conducted, the main or principal use of the lot on
which it is located.
BUILDING, TEMPORARY: See Structure, Temporary
12 - November 27, 1991
BUSINESS CENTER: A building or group of buildings planned, constructed
�. and managed as a total entity, with common on-site parking for a group
of commercial or service establishments, with office uses also
permitted. In the Central Development Core, the requirement for common
on-site parking need not be met to classify a development as a business
center.
CAPACITY: The maximum number of persons which may be accommodated by a
development as determined by building code or fire code requirements.
CHANGE OF USE: Any use which differs from the previous use of a
building or land in terms of major retail product mix, services
offered, production methods, or type or intensity of residential use.
CHILD: Any individual who has not reached his eighteenth (18)
birthday.
CHURCH: A building or structure, or groups of buildings or structures,
which by design and construction are primarily intended for the
conducting of organized religious services and associated accessory
uses.
CITY: The incorporated City of Rochester, Olmsted County, State of
Minnesota.
CITY ENGINEER: The Director of the City of Rochester, Minnesota,
Public Services Department.
CLINIC: An establishment engaged in the care, diagnosis and treatment
of sick, ailing, infirm and injured persons and those in need of
medical and surgical attention, but who are not provided with board or
room, nor kept overnight on the premises.
COMMISSION: The Planning and Zoning Commission.
COMMON DRIVEWAY: A driveway shared jointly and used jointly to provide
access to two residential properties or two or more non-residential
properties.
COMMUNITY PARKING LOT: A public or private land area designed for the
off-street parking of motor vehicles which is not associated with any
principal use or building on the same lot.
COMPREHENSIVE PLAN: The adopted goals, policy statements, standards,
programs and maps for guiding the physical, social and economic
development, both public and private, of the City and its environs.
Said plan includes any unit or part of such plan separately adopted and
any amendment to such plans or parts thereof.
CONTIGUOUS: Next to, abutting, or touching and having a boundary, or
portion thereof, which is coterminous.
CONTRACTOR'S YARD: An area on a lot, either unroofed or roofed but
open on the side, where material, machinery or vehicle's used in
construction related development activity are kept on a regular basis
when not stored on a job site. Overnight parking in a driveway area
does not constitute a contractor's yard.
CORRECTIONAL FACILITY: A building along with associated lot area
designed for the confinement of individuals for the purpose of
discipline or punishment or incarceration of convicted criminals.
COUNCIL: The City Council of the City of Rochester, Minnesota.
13 - November 27, 1991
COUNTY: The County of Olmsted, Minnesota.
CRAWL SPACE: A low space below the first story of a building, where
there has not been excavation deep enough for a basement, but where
there is space for installation of and service to pipes, ducts and
utilities.
CURB: A stone, asphalt or concrete boundary marking the edge of a
roadway or paved area.
DAY: Those days (as the word is commonly defined and used) when the
offices of Olmsted County, Minnesota, are open to the public.
DAY CARE FACILITY: A licensed private or public establishment, which,
for gain or otherwise, regularly provides one or more dependants with
care, training, supervision, rehabilitation or developmental guidance
on a regular basis, for periods of less than 24 hours a day, in a place
other than the dependent's home.
DECK: A structure open to the sky which is attached to or abuts the
wall of a dwelling and which is afforded access to the interior of the
dwelling through one or more doors. Any such structure 30" or more
above grade is considered an accessory use, while any other such
structure is considered a permitted yard projection.
DEDICATION: The transfer of property interests from private' to public
ownership for a public purpose. The transfer may be of fee-simple
interest or of less than fee interest.
DEPENDENT: An adult who is handicapped by reason of mental
retardation, mental illness, chemical dependency or physical handicap,
and a child, whether handicapped or not.
DEVELOPMENT: Any man-made change to improved or unimproved real
estate, including a change in use or the creation of a subdivision.
DRAINANGE PLAN: An integrated set of documents which identifies the
impact of a development on drainage systems and provides pertinent data
necessary for the design of drainage facilities.
DRAINAGEWAY: A channel which provides for the collection and
conveyance of stormwater runoff from a watershed area of over 1,200
acres in size, which is not part of a designated floodplain. The area
of the drainageway shall be calculated as that area needed to convey
the water of a 100 year rainfall within the watershed.
DRIVEWAY: A private minor vehicular access between a street or
roadway and a designated off-street parking area.
DUPLEX: A building on a single lot containing two dwelling units.
DWELLING, ATTACHED: A building containing not more than two (2
dwelling units, attached at the side or sides to a series of two (2) or
more principal buildings, each containing not more than two (2)
dwelling units, but not including one family attached dwellings.
DWELLING, MULTI-FAMILY: A building containing three (3) or more
dwelling units.
DWELLING, ONE FAMILY ATTACHED: A building containing one dwelling unit
attached to one other building containing only one dwelling, with each
building on a separate lot.
DWELLING, ONE FAMILY DETACHED: A building containing only one dwelling
unit, surrounded by landscape area or yards on all sides.
14 - November 27, 1991
DWELLING UNIT: A habitable unit in a dwelling other than a
manufactured home, providing sleeping, cooking, eating, living and
sanitation facilities for one family only; occupied by the owner or by
another family on a rental or lease agreement basis for periods of
occupancy exceeding one week, and which is physically separated from
any other habitable unit or establishment that may be located in the
same building.
EARTH BERMED: Buildings constructed so that there is earth covering on
above grade portions of building walls and no earth covering on the
roof. The total amount of the earth covering is less than 50 percent
of the walls and roof surface area.
EARTH SHELTERED: Buildings constructed so that more than 50 percent of
the exterior surface area of the building, excluding garages and other
accessory buildings, is coveredl with earth and the building code
standards promulgated pursuant to Minnesota Statutes 16.85 are
satisfied. Partially completed buildings shall not be considered earth
sheltered.
EASEMENT: A grant of one or more of the property rights by the
property owner to and for use by the public, a corporation, or another
individual or entity.
EASEMENT, DRAINAGE: An easement required for the installation of storm
water sewers or surface drainage channels, or the preservation or
maintenance of a natural stream or watercourse.
EASEMENT, UTILITY: An easement required for the installation of
overhead or underground utilities, including sanitary sewer, water,
electric, gas, and audio or visual communication lines.
EFFICIENCY APARTMENT: A dwelling unit in a multi-family dwelling
consisting of not more than one habitable room meeting the floor area
per occupant requirements of the housing code.
ELDERLY: Characterizing an individual, married or single, sixty-two
(62) years of age or more.
EQUAL DEGREE OF ENCROACHMENT: A method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream
are capable of conveying a proportionate share of flood flows.
EROSION, SOIL: The removal and/or loss of soil by the action or water,
ice, gravity or wind, including both the detachment and transport of
soil particles.
ESTABLISHMENT: An economic unit, generally at a single physical
location, where business is conducted, services provided, or industrial
operations performed.
EXCAVATION: The artificial removal of earth material.
EXPOSURE: A method of classifying the walls of a building based on the
type of construction and the purposes which classed areas contained
within the wall serve. In this ordinance, the following five classes
of exposure are defined:
Class A Exposure: Walls containing twenty-five (25) percent or more of
the required glassed area of any dwelling unit, or a wall containing
the principal living room exposure to outdoor living areas through
major windows or glassed doors. Prime consideration is direct view of
and convenient access to the primary landscaped area and recreation
space on the lot. In the case where two walls provide this type of
- 15 - November 27, 1991
r""
exposure from a living room, either may be selected as the Class A
exposure, and the other shall be considered Class C.
Class B Exposure: Portions of walls containing the only windows for
bedrooms, or the principal windows and/or glassed doors for bedrooms,
where privacy, outlook, light and air are principal considerations.
Class C Exposure: Portions of walls containing secondary windows for
bedrooms, windows for living rooms, or exterior doors other than
entries with Class A orientations, where such windows do not involve
privacy or are so located, shielded, or are of such a nature that
necessary privacy is assured.
Class D Exposure: Portions of walls containing no windows, doors, or
other openings, but not so constructed or safeguarded as to be suitable
for attachment . to other dwelling units or principal buildings.
Principal concern in such cases is with fire protection.
Class E Exposure: Portions of walls containing no windows, doors, or
other openings, and so constructed or safeguarded as to provide the
fire protection required by the Building Code when attached to other
dwelling units or other principal buildings, and to meet the sound
transmission limitations of the Building Code.
FAMILY: One or more individuals related by blood, marriage or adoption,
including foster children, and excluding servants, or a group of not
more than five persons, some or all of whom are not related by blood,
marriage or adoption, occupying a single dwelling unit or manufactured
home.
FENCE: An artificially constructed barrier of any material or
combination of materials erected to enclose or screen areas of land. )
FILL: A deposit of earth material placed by artificial means. �✓
FLAG LOT: A lot which has only sufficient frontage on a street to
comply with the required access width requirements of this ordinance,
shaped in such a manner that the portion of the lot closest to the
street can only be used for access purposes and not as yard or
buildable area, and whose width some distance back from the right of
way is sufficient to provide adequate space to meet yard or setback
requirements. only that portion of the lot of adequate width to meet
lot width requirements or allow for provision of adequate yards or
setback shall be counted as part of the lot area.
FLOOD FRINGE: That portion of the flood plain outside of the floodway.
Flood fringe is synonymous with the term "floodway fringe" used in the
Flood Insurance Study.
FLOOD-PROOFING: Any combination of structural and nonstructural
additions, changes or adjustments to structures and properties which
reduce or eliminate flood damage to real estate, water and sanitary
facilities, structures and their contents.
FLOOD PLAIN: The land adjacent to a body of water which has been or
may be hereafter covered by flood water including that land covered by
the regional flood.
FLOOD PROTECTION ELEVATION: A level one (1) foot above the regional
(100 year frequency) flood plus any increase in flood level adopted by
DNR study that would be caused by the future flood plain development
outside the floodway.
FLOOD, REGIONAL: A flood which is representative of large floods known
to have occurred generally in Minnesota and reasonably characteristic
- 16 - November 27, 1991
r/
of what can be expected to occur on an average frequency in the
magnitude of the one hundred (100) year recurrence interval. Regional
flood is synonymous with the term "base flood" used in the Flood
Insurance Study.
FLOOD, STANDARD PROJECT: A hypothetical flood estimated and mapped by
the U.S. Corps of Engineers, representing the critical flood runoff
volume and peak discharge that may be expected from the most severe
combination of meteorological and hydrologic conditions that are
considered reasonably characteristic of the Rochester region, excluding
rare combinations.
FLOODWAY: The minimum channel of a watercourse and those portions of
the flood plain adjoining the channel, that are reasonably required to
carry or store the regional flood discharge.
FLOOR AREA: A sum of the gross horizontal areas of the several floors
of a building measured from the outside faces of walls or the
centerline of party walls separating two buildings, but not including
any interior parking spaces, loading spaces, any space where the floor
to ceiling height is less than six (6) feet, any space devoted to
mechanical equipment, terraces, breezeways or screened porches, or
basement or other subterranean areas not intended for human habitation
or service to the public. The floor area for enclosed space having a
floor to ceiling height in excess of 20 feet shall be computed on the
basis that each 15 feet of height shall be equal to one floor.
FOUNDATION SYSTEM: A permanent foundation constructed in accordance
with the state building code.
FP-1, FP-2, FP-3, FP-4, FP-5: Different classifications of flood-
proofing measures as defined by the state building code.
FRATERNITY OR SORORITY HOUSE: A dwelling maintained exclusively for
fraternity or sorority members and their guests or visitors and
affiliated with a professional college, university or other institution
of higher learning.
FREEBOARD: A factor of safety usually expressed in feet above a design
flood level for flood protective or control works. (Freeboard is
intended to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a
selected flood or floodway condition such as wave action, bridge
opening and floodway obstructions resulting from debris or ice, and the
hydrologic effects of urbanization of the watershed) .
FRONTAGE: The distance for which a lot line coincides with the right
of way line of a public street or the boundary of a private street.
GARAGE: A detached accessory building or a portion of the principal
building used for the parking and storage of vehicles, merchandise or
equipment, and which is not a separate commercial establishment open to
the general public. When associated with a residential use in a
residential district, it shall be limited to use for parking and
storage of vehicles, noncommercial trailers and household equipment.
GRADE: The lowest point of elevation of the finished surface of the
ground, paving or sidewalk within the area between the building and the
property line, or between the building and a stabilization structure
such as a retaining wall, or, when the property line or structure is
more than five (5) feet from the building, between the building and a
line five (5) feet from the building.
`-' GRADING: Any excavation or fill or combination thereof.
17 - November 27, 1991
GRADING PLAN: An integrated set of documents which addresses how a
proposed development will satisfy the requirements of part 50.01 (2) of
the Building Code.
GROSS LEASABLE AREAS The total floor area designed for the occupancy
and exclusive use of a tenant.
HABITABLE ROOMS Any room used or intended to be used for sleeping,
cooking,. living or eating purposes, excluding such enclosed spaces as
closets, pantries, bath or toilet facilities, service rooms, corridors,
laundries, unfinished attics, foyers, storage space, utility rooms or
similar spaces.
HABITABLE UNIT: Any habitable room, singularly or in combination with
other rooms, which provides sleeping facilities alone or in combination
with required cooking, eating or living facilities.
HEIGHT: The vertical distance above grade along the building front
measured to the highest point of the coping of a flat roof, or to the
deck line of a mansard roof, or to the average height between the save
and ridge of a gable, hip or gambrel roof.
HOME OCCUPATION: Any gainful occupation or profession engaged in by
the occupant of a dwelling at or from the dwelling when carried on in
accordance with the provisions of this ordinance.
HOTEL: A building or series of buildings operated as an establishment
providing accommodations in habitable units by prior arrangements, for
compensation, without restriction on the time period involved.
HOUSING CODE: Chapters 32 through 38 of the Rochester Code of
Ordinances.
INTERSECTION: Where two or more streets cross at the same grade.
ISLAND: A grassed or landscaped area located within the limits of the
roadway portion of a local or limited local street or access roadway,
serving both traffic control and aesthetic purpose.
LANDSCAPE AREA: Land set apart for the plantings of grass, shrubs,
trees or similar living plants, or other ground surface treatment such
as decorative rock, bark, or stone.
LANDSCAPE PLAN: An integrated set of documents which may consist of
both drawn and written materials whose purpose is to identify, for a
proposed development, the means of compliance with bufferyard,
landscaping and screening standards of this ordinance.
LAND USE PLAN: The Land Use Plan for the Rochester Urban Service Area.
LETTER OF MAP AMENDMENT (LOMA) : A document issued by the Federal
Emergency Management Agency providing documentation for findings that
have been made showing that single a lot or single structure is not
located in a Special Flood Hazard Area as defined in 44 CFR 59.
LIMITED ACCESS ROADWAY: A roadway, privately owned and maintained and
established on an easement, providing joint right of access for up to
four (4) lots.
LOADING AREA: An off-street space or berth on the same lot with a
building or contiguous to a group of buildings, for the temporary
parking of a commercial vehicle while loading or unloading merchandise
or materials, and which abuts or is connected by means of a driveway to
a street or alley.
- 18 - November 27, 1991
LOT: The smallest unit of land division defined by plat or by metes
and bounds description, which is not divided by a lot line, right of
way, or other publicly owned land, and which does not include the right
of way of any street upon which said lot abuts, even if ownership to
such right of way lies with the owner of the lot.
LOT AREA: The area contained within the lot lines of a lot, excluding
any right-of-way or private street.
LOT, CORNER: A lot abutting two or more streets at their intersection,
or upon two parts of the same street forming an interior angle less
than 135 degrees.
LOT DEPTH: The mean horizontal distance between the front lot line and
the rear lot line of a lot.
LOT LINE: A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space. Where any portion of a lot extends into a public right-of-way,
the lot line shall be deemed to be the boundary of said right-of-way.
LOT, THROUGH: A lot which fronts upon two parallel or approximately
parallel streets.
LOT WIDTH: A horizontal distance measured between the side lot lines.
LOT LINE, FRONT: Either a lot line separating a lot from a street or
from a roadway as further defined in Section 63.110.
LOT LINE, INTERIOR SIDE: A side lot line which separates a lot from
another lot.
LOT LINE, REAR: On a rectangular lot other than a corner lot, the lot
line opposite and most distant from the front lot line; on a corner
lot, an interior lot line which is designated at the time of
development. Triangular shaped lots whose lot width narrows when
moving away from the front lot line have no rear lot line. The rear
lot line(s) on irregular shaped lots with more than four lot lines are
those interior lot lines which, when the endpoints of the line(s) are
connected, create a line exceeding the width at the building line.
LOT LINE, SIDE: Any lot line other than a front or rear lot line.
LOT LINE, SIDE STREET: A side lot line separating a lot from a street
right-of-way or a private street.
LOT OF RECORD: Any validly recorded lot which, at the time of its
recording, complied with all applicable laws, ordinances and
regulations.
LUMBER YARD: An establishment engaged in the retail sale of building
supplies and household equipment which is characterized by the presence
of an outdoor storage area utilized for the keeping of building
supplies such as lumber or masonry products.
MANUFACTURED HOME: A building, transportable in one or more sections,
which, in the traveling mode, is eight (8) feet or more in width or
forty (40) feet or more in length, or when erected is 320 or more
square feet in size, and which is built on a permanent chassis and
designed to be used as a dwelling for one family, with or without
permanent foundation, when connected to the required utilities and
includes the plumbing, heating, air conditioning and electrical system
contained therein.
19 _ November 27, 1991
MANUFACTURED HOME PARK: A development on a site under a single
ownership which consists of two or more spaces for the placement of
manufactured homes for dwelling or sleeping purposes, regardless of
whether or not a fee is charged for the utilization of such space.
MANUFACTURED HOME SUBDIVISION: A development which consists of
individually owned lots created for the placement of manufactured homes
which comply with this jurisdiction's regulations for subdivision. All
uses, buildings and structures within the approved subdivision must
obtain zoning certificate approval prior to their placement or
construction.
MIXED BUILDING TYPE DEVELOPMENT: A development which complies with
this jurisdiction's regulations for subdivisions, consisting of three
or more individually owned lots for either the placement of
manufactured homes, subject to the design criteria contained herein, or
for the placement of other dwelling types consistent with the standards
of the underlying zoning district.
MOBILE HOME: See Manufactured Home.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert,
building, wire, fence, stockpile, refuse, fill, structure, or matter
in, along, across, or projecting into any channel, watercourse, or
regulatory flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
OCCUPANCY: The residing of an individual overnight in a habitable
unit, or the installation, storage or use of equipment, merchandise or
machinery in any institutional, commercial or industrial building.
OFFICE: A room or group of rooms utilized for managing the affairs of
an establishment or for the non-retail, non-production conduct of
affairs of a service, professional institutional or business nature.
ORDINANCE: See Article 60.100.
OUTDOOR -STORAGE AREA: The keeping, in an unroofed area or structure
open to view on its sides, of any goods, junk, material or merchandise
in the same place for more than 24 hours, and including adjacent land
area improved and necessary to provide access to such goods.
OWNER: The fee owner of land, or the beneficial owner of land whose
interest is primarily one of possession and enjoyment in contemplation
of ultimate ownership. The term includes, but is not limited to
vendees under a contract for deed.
PARKING BAY: A portion of a site improved for the .off-street parking
of vehicles, where individual parking spaces are accessed directly
from the street. Parking space shall not be from within the
right-of-way.
PARKING FACILITY: A structure or at-grade site improved for the
parking of 4 or more vehicles where individual parking spaces are
accessed from a roadway by means of a driveway and circulation isles.
PARKING, OFF-STREET: Parking spaces required by this ordinance to be
provided on-site for each use. These spaces are intended to serve the
normal daily parking needs of the use established on the lot.
PARKING SPACE: A space for the parking of a motor vehicle within a
private or public parking area, of sufficient size to meet the
ordinance requirements.
20 - November 27, 1991
PASTURE: An area where grass or other growing plants are used for
grazing and where the concentration of animals is such that a
vegetative cover is maintained during the growing season, except in the
immediate vicinity of temporary supplemental feeding or watering
devices.
PERIMETER: The boundaries or borders of a lot, tract, or parcel of
land.
PLAT, FINAL: The final map on which a developer's plan of
subdivision is presented to the Council for approval and which, if
approved, will be submitted to the County Recorder.
PUBLIC WATERS: As defined by Minnesota Statutes 105.27, Subparagraph
14.
REACH: A hydraulic engineering term to describe a longitudinal segment
of a stream or river influenced by a natural or man-made obstruction.
In an urban area, the segment of a stream or river between two
consecutive bridge crossings would most typically constitute a reach.
RECREATIONAL EQUIPMENT: Craft designed for use on water or snow, as
well as motorized vehicles designed for use on surfaces other than
public roadways, and including trailers used to transport such craft or
vehicles.
RECREATIONAL VEHICLE: A temporary structure, less than forty (40) feet
in length, which can be towed, hauled or driven and is primarily
designed as temporary housing accommodations for recreational, camping
or travel use, including but not limited to travel trailers, truck
campers, camping trailers and self propelled motor homes.
RESIDENTIAL FACILITY: A licensed public or private establishment,
which, for gain or otherwise, regularly provides one or more dependants
with a 24 hour a day substitute for the care, food, lodging, training,
education, supervision, rehabilitation and treatment they need, but
which for any reason cannot be furnished in the dependant's own home.
The term includes, but is not limited to, state institutions under the
control of the commissioner of public welfare, foster homes,
residential treatment centers, maternity shelter, group homes, schools
for handicapped children, halfway houses, and homes for battered
children or battered spouses.
RESIDENTIAL FLOOR: A story within a building wherein over 50 percent
of the floor area is devoted to dwelling units.
RIGHT-OF-ACCESS: The legal authority providing for the right of
ingress to or egress from a public street.
RIGHT-OF-WAY: A strip of land acquired by dedication, reservation,
prescription or condemnation occupied or intended to be occupied by a
road, crosswalk, utility line, railroad, electric transmission line or
other similar use.
RIGHT-OF-WAY LINE: The lines that form the boundaries of a right-of-
way.
ROAD AUTHORITY: The unit of government having control of the right of
access to a right-of-way.
ROADWAY: That portion of a street, common area or easement area
improved for utilization by motor vehicles, including travel lanes and
parking lanes, but not including driveways.
ROOMING HOUSE: A building designed as a one-family detached dwelling,
containing habitable units providing sleepincl and/or living
accommodations but not eating or cooking accommodations, for three or
21 _ November 27, 1991
more individuals who are not members of the owners or operator's
related family. Meals may or may not be provided as part of the
services included for compensation.
SCHOOL: A public school as defined in Minnesota Statutes, Section
120.05, or a nonpublic school as defined in Minnesota Statute 123.932.
SEDIMENTATION: Sedimentation shall mean the settling out of soil
particles which have been transported by water or wind.
(Sedimentation occurs when the velocity of water or wind in which soil
particles are suspended is slowed to a sufficient degree and for a
sufficient period of time to allow the particles to settle out of
suspension or when the degree of slope is lessened to achieve the same
result.)
SELF SERVICE STORAGE FACILITY: An establishment designed and utilized
for the purpose of renting or leasing individual storage spaces to
tenants who have sole private access to such space for storing personal
property.
SETBACK: The minimum separation in linear feet, measured on a
horizontal plane, required between the wall of a building and each of
its lot lines at a given height.
SETBACK PLANE: A theoretical plane extending over the lot and inclined
upward from the horizontal by a designated number of degrees and
intersecting with the ground at the lot line.
SHELTER,STORM: A structure or portion of a structure intended to
provide protection to human life during periods of danger to human life
from nuclear fallout, blasts, air raids, storms or other emergencies.
SIGN: Any object, device, display, structure or part thereof, situated
outdoors or indoors, which is displayed to attract the attention of the
public while on public streets, highways or walkways to an object,
person, institution, organization, business, product, service, event or
location by any means, including words, letters figures, designs,
symbols, fixtures, colors, illumination or projected images. Signs do
not include flags of any nation, state, city, religion, fraternal or
civic organization, merchandise and pictures or models of. products or
services incorporated in a window display, works of art which in no way
identify a product; scoreboards on athletic fields, sound trucks or
other moving advertising media while operated on a public right-of-way,
official traffic signs or symbols, banners announcing civic
celebrations or events of special interest, mounted house numbers
under 12 inches in height, mounted name plates or building address
numbers under six square feet in area identifying the occupants or
address of a building, or address or public information signs displayed
for the convenience of the traveling public, when established by a
public agency.Signs also do not include murals, color schemes or facade
patterns which by themselves would not convey a message about a
business or product without other sign elements present.
SIGN, ADVERTISING: A sign that diverts attention to a business,
service, event or location not related to the premises where such sign
is located.
SIGN, BUSINESS: A sign which directs attention to a business or
profession conducted, or to a commodity or service sold, offered or
manufactured, or to an entertainment offered, on the premises where the
sign is located.
SITE: Any lot or parcel or combination of lots or parcels assembled
for the purpose of development.
_
22 _ November 27 1991
�
SITE AREA: All land area within the site as defined in the deed. Area
shall be from an actual site survey rather than from a deed
description.
SITE PLAN: An integral set of documents which may consist of both
drawn and written materials whose purpose is to provide the necessary
information needed for an approving authority to decide whether the
proposed development will comply with the ordinance standards.
SPECIFIED ANATOMICAL AREAS: Anatomical areas consisting of:
1) Less than completely and opaquely covered human genitals, pubic
region, buttock, anus, or female breast(s) below a point
immediately above the top of the areola; and
2) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Activities consisting of the following:
1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal copulation, bestiality, direct physical
stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory functions
in the context of a sexual relationship, and any of the following
sexually-oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty,
pedophilia, piquerism, sapphis, zooerasty; or
2) Clearly depicted human genitals in the state of sexual stimulation,
arousal or tumescence; or
3) Use of human or animal ejaculation, sodomy, oral copulation,
coitus, or masturbation; or
4) Fondling or touching of nude human genitals, pubic region,
buttocks, or female breasts; or
5) Situations involving a person or persons, any of whom are nude,
clad in undergarments or in sexually revealing cosutmes, and who
are engaged in activities involving the flagellation, torture,
fettering, binding or other physical restraint of any such persons;
or
6) Erotic or lewd touching, fondling, or other sexually-oriented
contact with an animal by a human being; or
7) Human excretion, urination, menstruation, vaginal or anal
irrigation.
STORY: That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
If the finished floor level directly above a usable or unused under-
floor space is more than six (6) feet above grade for more than fifty
(50%) percent of the total perimeter or is more than 12 feet above
grade at any point, such usable or unused under-floor space shall be
considered as a story.
STORY, FIRST: The lowest story in a. building which qualifies as a
story, as defined herein, except that a floor level in a building
having only one floor level shall be classified as a first story,
provided such floor level is not more 'that 4 feet below grade for more
23 _ November 27, 1991
than 50% of the total perimeter, or not more that 8 feet below grade
at any point.
STREET: A strip of land used or intended to be used solely for the
passage or travel of motor vehicles, including roadway, boulevard,
medians, islands and facilities for pedestrians or other non-motorized
vehicles.
STREET, PRIVATE: A street owned and maintained by one or more private
property owners.
STREET, PUBLIC: A street established on a right of way.
STRUCTURAL ALTERATION: Any change in the supporting members of a
building, such as the bearing walls, beams or girders, or any change in
the dimension or configuration of the roof or exterior walls.
STRUCTURE: A combination of materials to form a construction for
use, occupancy, or ornamentation, whether installed on, above or below
the surface of land or water.
STRUCTURE, TEMPORARY: A building or structure without foundation or
footings which is designed to be transportable and which is not
designed for attachment to the ground, to another structure, or to any
utility system on the same premises for an undetermined length of time.
SUBDIVISION: The separation of an area, parcel or tract of land into
two or more parcels, tracts, lots, or into long term leasehold
interests where the creation of the leasehold interests necessitates
the creation of streets, roads or alleys; for residential, commercial,
industrial or any other use or any combination thereof, except for
those subdivisions exempted by Minnesota Statute 462.352 (sub. 12).
SWIMMING POOL: Any private pool, pond, lake or open tank not located
within a completely enclosed building and capable of containing water
to a depth at any point greater than one and one-half (1 1/2) feet.
TEMPORARY HOUSING: Any tent, recreational vehicle or other temporary
structure used for human shelter which is designed to be transportable
and which is not attached to the ground, to another structure, or to
any utility system on the same premises for the purpose of occupancy
for more than thirty (30) consecutive days.
THOROUGHFARE PLAN: The Currently Held Valid Thoroughfare Plan for the
City of Rochester and the Townships of Cascade, Marion, Rochester and
Haverhill and a portion of High Forest.
TRAFFIC ENGINEER: The traffic engineer for the applicable road
authority of a public street.
UNDISTURBED, AREA OF: Area of special site preservation to qualify for
floor area or density bonus. Undisturbed shall mean that the natural
ground cover and plant or woodland growth shall not be removed except
through actions 1) necessary to limit the spread of disease and noxious
weeds, 2) to trim or remove dead trees or parts thereof that are a
hazard or 3) control the erosion of soil from the site.
USABLE RECREATION SPACE: A space provided as an accessory use on the
same lot or site as a principal residential use and designed for the
conduct of active or passive recreation.
USE: The purpose or activity for which land or buildings are designed,
arranged or intended, or for which land or buildings are occupied or
maintained.
24 - November 27, 1991
USE, PERMITTED: A use which conforms with the purposes, requirements,
regulations and performance standards of a particular district.
USE, PRINCIPAL: The primary use of land or buildings as distinguished
from subordinate or accessory uses.
WALL: The vertical exterior surface of a building.
WETLAND: An area of one-quarter (.25) ,acre or more, having a minimum
dimension of 33 feet, consisting of hydric soils as classified by the
U.S. Soil Conservation Survey Soil Survey for Olmsted County and where
hydrophytes have adapted to the area.
WOODLAND: An area of planted material covering one (1) acre or more
with a minimum dimension of 66 feet, having a density of twenty trees
or more per acres with a caliper of eight inches or more.
YARD: A ground level open space that lies between a principal or
accessory building and the nearest lot line. Such yard is unobstructed
and open to the sky except as may be specifically provided for in this
ordinance.
YARD DEPTH: The shortest distance between a lot line and a wall of a
building located on the lot.
YARD LINE: A line drawn parallel to a lot line at a distance therefrom
equal to the depth of the minimum required yard or setback which
defines the required yard area.
YOUTH FACILITY: A public playground, public swimming pool, public
library or licensed day care facility.
ZONING ADMINISTRATOR: The Planning Director as provided for in the
Rochester Code of Ordinances, Chapter 20.16, or his authorized
representative.
ZONING DISTRICT: An area or areas within the limits of the City for
which the regulations and requirements uniformly govern the use,
placement, spacing and size of land and structures.
ZONING MAP: The map or maps which are a part of this ordinance and
delineate the boundaries of the zoning districts.
25 - November 27, 1991
60.300 DESCRIPTION OF ZONING DISTRICTS: The City of Rochester is hereby
divided into zoning districts of such number and character as are
necessary to achieve compatibility of uses within each district, to
implement the Rochester Urban Service Area Land Use Plan and related
official plans, and to serve the other purposes of this ordinance which
are detailed in Chapter 60 of the Rochester Code of Ordinances.
60.310 ZONING DISTRICTS: For the purpose of this ordinance, all land and
water areas in the City of Rochester are hereby classified into zoning
districts which shall be designated as shown in the chart below. To
differentiate those areas of the City subject to more traditional
zoning controls from those areas subject to performance-oriented
controls, all zoning districts are grouped under one of two umbrella
classifications entitled "Performance Districts" or "Established
Districts".
26 _ November 27, 1991
PERFORMANCE DISTRICTS
SYMBOL DISTRICT TITLE
D Developing District
CDC Central Development Core
ESTABLISHED DISTRICTS
R-Sa mixed single Family overlay
R-1 Mixed Single Family
R-2 Low Density Residential
R-3 Medium Density Residential
R-4 High Density Residential
B-1 Restricted Commercial
B-4 General Commercial
B-5 Residential Commercial
M-1 Mixed Commercial-Industrial
M-2 Industrial
AG Agricultural
MRD Mixed Redevelopment
FF Flood Fringe
FW Floodway
FP Flood Prone
PUD Planned Unit Developments
SD Special Districts
Where the symbol for a zoning district is used in the ordinance, it has the
same meaning as the entire classification title.
60.320 DESCRIPTION OF DISTRICTS: The following paragraphs specify the purpose
and intent of the zoning districts established by this ordinance.
60.321 Developing District: This district is intended to accommodate the
expansion of the City of Rochester into the presently undeveloped
fringe areas designated for future urban development on the Land Use
Plan, through the administration of regulations allowing maximum
flexibility in the choice and siting of different development types.
60.322 Central Development Core: The intent of this district is to provide
for the highest intensity of commercial, residential and
medical/institutional development within the City of Rochester,
resulting in a mixture of uses that are mutually supporting and which
will optimize in-place public facilities and contribute to the creation
of a sound tax base for the downtown area.
The Central Development Core is composed of four subareas described as
follows:
1) Medical Area: Those areas within the Central Development Core
designated as "medical" on the Land Use Plan, wherein it is the
intent to preserve and enhance the area primarily for medical
facilities and major public and quasi-public uses, along with
related supporting facilities and uses.
2) Central Business District (CBD): Consistent with the goals of the
plan for the Downtown Development District, that portion of the
area designated as "commercial" on the Land Use Plan, where it is
the intent to develop the highest intensity of concentrated and
27 _ November 27, 1991
integrated retail, financial, office, service and entertainment
uses, with an emphasis on pedestrian amenities.
3) Fringe Area: Consistent with the goals of the plan for the
Downtown Development District, that portion of the area designated
as "commercial" on the Land Use Plan, where it is the intent to
provide a location for less intensive commercial and service uses
which are necessary or tend to support and enhance the activities
within the CBD area.
4) Residential Area: Those areas within the Central Development Core
designated as "high density residential" on the Land Use Plan,
where it is the intent to preserve and enhance the development of
high intensity multi-family residential in conjunction with a
mixture of low intensity service/retail uses.
60.323 Established Districts: A set of districts, applied to lands partially
or fully developed, or which become developed in the future. Lands
initially in the Developing District will eventually be rezoned to an
Established District once development of an area is complete.
1) R-1 Mixed Single Family District: This district is intended to
maintain areas where the emphasis has been on the development of
single family dwellings while providing opportunities for infill
development and the maximization of existing housing space that is
compatible with the overall low density characteristic of these
areas.
2) R-Sa Mixed Single Family overlay District: This district is
intended to maintain the character of existing residential areas
which have been developed with single family detached dwellings on
large lots with significant amounts of open space, resulting in the
creation of spacious residential environments.
3) R-2 Low Density Residential District: This district is intended to
maintain areas developed with a mixture of residential dwelling
types that are of an overall low density, or which are undergoing a
conversion from predominantly single-family detached dwellings to
low density multi-family use. Certain supportive non-residential
use, and compatible infill development, consistent with the
policies of the Land Use Plan, are provided for.
4) R-3 Medium Density Residential: This district is intended to
maintain areas developed predominantly with multi-unit residential
buildings outside of the Central Development Core, or areas of
existing low density development where the need to encourage
redevelopment has been identified on the Land Use Plan. Certain
supportive non-residential use, and compatible residential infill
development, consistent with the policies of the Land Use Plan, are
provided for.
5) R-4 High Density Residential: This district is intended to
maintain areas for multi-family residential uses of the highest
intensity, along with supportive commercial, office and service
uses of similar intensity, in locations with proximity to the
Central Development Core and major employment centers.
6) B-1 Restricted Commercial District: This district recognizes areas
of low intensity business uses that are located adjacent to
residential areas, but along major thoroughfares so as not to
encourage customer traffic through the adjacent residential areas.
7) B-4 General Commercial District: This district is intended to
provide for areas of concentrated commercial development outside
the Central Development core,oriented towards thoroughfare
28 - November 27, 1991
locations because of the access ZLnd visibility those locations
provide, and consistent with the locational criteria for such uses
in the Land Use Plan. Uses in the district are generally of a type
providing service to the residents of the entire region or
community.
8) B-5 Residential Commercial District: This district is intended to
provide for limited low intensity business uses that are located
within residential areas, but in a manner which buffers the
adjacent residential area from the effects of the commercial
activity.
9) M-1 Mixed Commercial-Industrial District: This district provides
an area for a mixture of commercial uses and industrial uses which
do not generate significant adverse impacts, which are served by
major thoroughfares providing direct access or a local street
system with direct access to major thoroughfares, and which, with
an adequate level of buffering, could be located in reasonable
proximity to residential areas.
10) M-2 Industrial District: This district is intended to accommodate
those uses which are potentially incompatible with uses in other
districts because of the negative impacts they generate in terms of
truck traffic and nuisance characteristics, and to provide areas
where different levels of infrastructure and transportation
improvements can be provided in it cost effective and efficient
means to serve the needs of industrial, transportation, and
manufacturing uses.
11) Agricultural District: This district is established to accomplish
the general purposes of the zoning code and for the purpose of
accommodating large lot rural residential and agricultural
development in recently annexed undeveloped areas.
60.324 Flood Related Districts: The flood related districts are a set of
three districts established to guide development within the flood
plain consistent with current flood plain management practices. The
specific purposes and regulations for the Flood Fringe, Floodway, and
Flood Prone districts are found in Article 62.800 of the Rochester Code
of Ordinances.
60.325 MRD Mixed Redevelopment District: This district is intended to
recognize that the land use composition of certain areas are in
transition as a result of public policy and private investment
decisions which in effect are encouraging redevelopment of these areas
to a higher intensity or different character of use. The regulations of
the district are intended to provide for an orderly conversion between
existing and future use, providing a level of protection to existing
viable uses while discouraging their expansion where not compatible
with the long term development pattern of the area.
The following mixed redevelopment zoning districts have been
established:
1) MRD-1 Mixed Redevelopment District: - Human Services Campus: The
Human Services Campus Mixed Redevelopment District recognizes the
special needs of service based educational, institutional and
medical facilities and the benefits to be realized by concentrating
such uses within close proximity to each other. The district
facilitates the interaction between such uses and provides
efficiency in the provision of public facilities to serve the
traffic demand, utility expansion and information exchange needs of
the development within the district.
60.326 P.U.D. Planned Unit Developments: Unique and separate zoning districts
established by action of the Rochester Common Council on specific
29 _ November 27, 1991
parcels on land according to the provision of the previous Rochester
Zoning Code Ordinance No. 1659 as amended. The use of land and and
buildings within the boundaries of a Planned Unit Development District
continues to be governed by a unique set of development plan documents
approved by a Resolution of the Common Council which may include but
are not limited to site plans, grading plans, amenity/landscaping
plans, architectural plans and ownership association documents. The
approved P.U.D. documents are kept on file by the Zoning Administrator
and continue to be used in regulating the use of land within the
boundary of the P.U.D. The term Planned Unit Development shall also
include all Community Development Projects and Neighborhood and
Community Shopping Center Plans heretofore approved by resolution of
the Rochester Common Council pursuant to the provisions of Ordinance
11296 (Zoning Ordinance of the City of Rochester prior to ordinance
11659) .
Changes to Planned Unit Developments will be processed according to the
regulations applicable to conditional use permits. The Zoning
Administrator shall determine the conventional zoning district under
the Rochester Zoning Ordinance and Land Development Manual which most
closely parallels the former underlying zoning of the Planned Unit
Development at the time of its adoption. Any subsequent change to a
Planned Unit Development shall be evaluated based on this determination
of underlying zoning.
The Zoning Administrator may authorize certain minor changes to
approved Planned Unit Developments guided by paragraph 61.148. Any
other changes to a P.U.D. shall be processed through the Type III
review procedure with the Phase II hearing process. The applicable
criteria for incentive or restrictive development shall be used in the
evaluation of the proposed change.
60.327 SD Special Districts: Existing Special Districts approved under
Ordinance 12726, #2516, and #2247 of the previous zoning ordinance are
recognized as separate zoning districts and the plans and procedures
established for each Special District will continue in force. Where a
procedure to approve changes is not specified, the proposed change will
be treated according to the provisions of paragraph 61.148.
60.330 AMENDMENT PROCEDURE: As provided for in this section, the City Council
may from time to time amend the boundaries of the zoning districts
established on the zoning map or amend the formal text of the zoning
ordinance.
60.331 Initiation of Amendments: Amendments to this ordinance may be
Initiated in one of four ways, as follows:
1) The zoning administrator or Commission has the primary
responsibility for identifying the need for amendments. The
Commission may initiate the review of such amendments by motion.
2) The City Council may on its own motion initiate amendments by
referring them to the zoning administrator and Commission for
review.
3) Any owner may formally petition the Council to grant an amendment
to the zoning map for land for which he is property owner. The
petition shall be filed with the zoning administrator, according to
the provisions in paragraph 60.332.
4) Any individual may suggest to the City Council or the Commission
that it initiate an amendment on its own motion. Such suggestions
are entitled to such consideration as the Council or Commission
deem appropriate.
- 30 - November 27, 1991
60.332 Filing of Formal Petition: In the case of amendments initiated under
paragraph 60.331(3) above, the application shall be submitted to the
Zoning Administrator in accordance with the standards and procedures in
paragraphs 60.504 and 60.505.
60.333 Procedure: Any proposed amendment to the Zoning Ordinance shall be
processed under the Type III Review Procedure, with the Phase II
Hearing process being used, as described in Paragraph 60.532.
60.334 Notification: For all amendments, notice shall be provided by
publication once in the official newspaper at least 10 days before the
date of the hearing scheduled by the Zoning Administrator. In
addition, for any amendment initiated under paragraph 60.331(3), mailed
notice shall be sent to all owners of land situated wholly or partly
within 350 feet of the outer perimeter of the subject property. Where
the zoning map is to be changed or amended incidental or as part of a
general revision to the zoning ordinance, whether such revision is made
by repeal of the existing zoning ordinance and enactment of a new
ordinance, or otherwise, notice of mail shall not be required.
60.335 Submission Criteria: Appendix B outlines the information that is to be
submitted with an application for a rezoning amendment initiated under
paragraph 60.331 (3) .
60.336 Withdrawal of a Petition: If a formal petition is withdrawn before it
is heard by the Commission, the withdrawal shall be without prejudice
and shall have no effect upon any subsequent petition. If a formal
petition is withdrawn after it is heard by the Commission, the
withdrawal shall be with or without prejudice as the governing body
shall decide.
60.337 Ordinance Adoption: Where the Council wishes to proceed with an
amendment it shall instruct the City Attorney to prepare an ordinance
for subsequent adoption by the Council. This determination shall be
made within 60 days of the final Commission action on the application.
Any determination by the Council shall be supported by findings based
on the policies included in Paragraph 60.338 and these findings shall
be reflected in the minutes of the Council proceedings.
A determination to proceed shall not bind the Council to subsequently
approve or approve with conditions any ordinance prepared relative to
the zone change application. The second reading of the ordinance shall
be considered the official action on the matter.
Where the applicant or a representative of the applicant was not
present when the determination was made, the applicant shall be
notified by registered mail of the Council determination.
60.338 Policy for Rezoning: Recommendations of the Commission and final
determinations of the Council shall be supported by findings addressing
the relationship of the proposed amendment to the following policies:
1) In the case of amendments to the zoning map filed by formal
petition;
a) whether the area, as presently zoned, is inconsistent with the
policies and goals of the Comprehensive Plan, or the land was
originally zoned erroneously due to a technical or
administrative error; or
b) whether the area for which rezoning is requested has changed or
is changing to such a degree that it is in the public interest
to rezone so as to encourage redevelopment of the area; or
31 - November 27, 1991
c) whether permitted uses allowed within the proposed zoning
district will be appropriate on the subject property and
compatible with adjacent properties and the neighborhood; or
d) whether the proposed amendment involves spot zoning. (Spot
Zoning involves the reclassification of a single lot or several
small lots to a district which is different than that assigned
to surrounding properties, for reasons inconsistent with the
purposes set forth in this ordinance, the state enabling
legislation, or the decisions of courts in this state) .
2) In the case of amendments to the text of the Zoning Ordinance;
a) Whether there is a public need for the amendment;
b) Whether the amendment will accomplish one or more of the
purposes of this ordinance, the Comprehensive Plan or other
adopted plans or policies of the City of Rochester.
c) Whether adoption of the amendment will be lawful.
60.340 BOUNDARY ESTABLISHMENT: The Boundary Establishment procedure is
created to provide a procedure to allow the routine change from a
Developing District to an Established District once permanent
development has occurred in the Developing District. The purpose for
providing this routine procedure is that the substantive decision about
the type of development to occur in a Developing District takes place
at the time a site planning permit is issued.
In applying the rules for Boundary Establishment, only those lands
within the Developing District shall be considered.
60.341 Administrative Boundary Establishment:
1) The Zoning Administrator shall prepare a report for the Commission
identifying all areas provisionally zoned which are currently
eligible for classification. Such report shall be submitted to the
Commission at its first meeting in February and its first meeting
in August every year. Provisionally zoned areas eligible for
reclassification shall include:
a) those developments under construction or completed which are
contiguous to land zoned in an Established District where the
contiguous Established District applies to the new development;
b) those developments under construction or completed which
include at least 10 acres or 10 separate and contiguous
properties.
Phase II of the site planning permit shall serve 'as the hearing on the
Boundary Establishment for purposes of conformance with the state
statute, as long as the notice for that hearing made reference to the
intent to establish zoning district boundaries.
c) The Commission may, where it is found necessary to protect the
interests of adjacent developed properties in an Established
District, forward a recommendation to the Council requesting
establishment of permanent zoning district boundaries on a
property after approval of the site planning permit but prior
to actual development of the property.
2) The Commission shall consider the Zoning Administrator's report and
within 30 days forward a recommendation to the Council relative to
the areas identified by the Zoning Administrator as being eligible
for, reclassification. The recommendation of the Commission shall
_ 32 _ November 27, 1991
be supported by findings based on the policies included in
paragraph 60.344.
60.342 Legislative Boundary Establishment: Land without permanent
development which abuts existing development for at least 75% of its
perimeter may be included as part of Boundary Establishment action,
providing the undeveloped area does not exceed 20% of the entire area
to be classified. Where the land involved has not been included as
part of an approved site planning permit, the classification may occur
only after a Type III Review under a Phase II Hearing Process has been
completed.
60.343 Council Action: The Council shall enact all Boundary Establishment
action by ordinance. The decision of the Council shall be supported by
findings based on the policies included in paragraph 60.344. No
Established District shall be created through the Boundary
Establishment procedure which will have the effect of causing a
majority of the uses within the reclassified area to become
nonconforming.
60.344 Policy for Boundary Establishment: Recommendations of the Commission
and decisions of the Council shall be supported by findings addressing
the relationship of the proposed action to the following policies:
1) in approving a change from a developing district to an established
district, the development of the area has progressed to the point
that the pattern of development is established;
2) the proposed pattern of established zoning districts to be
created is consistent with accepted zoning principles, the City's
Comprehensive Plan and any other policies or plans that have been
adopted to guide development in the area of development.
60.350 DESIGNATION OF ANNEXED PROPERTY: Zoning of land in the process of
annexation may be done in conjunction with the annexation proceedings,
but shall be subject to the procedure and notice requirements of
section 60.334. The proposed zoning ordinance shall not be passed on
final reading prior to the date when the annexation ordinance is
passed on final reading, but the ordinance annexing the property can
also zone the property. All property, unless otherwise designated in
the annexation ordinance, shall be stoned R-1 Mixed Single Family.
Property which is located in an area designated as floodplain on the
Olmsted County Flood Insurance Rate Maps prepared by the Federal
Emergency Management Agency, dated May 18, 1981, as amended, shall be
designated as flood prone (FP) district, except that property
designated as floodway on the Olmsted County Flood Insurance Rate Maps
shall be designated as floodway (FW) district, and property designated
as Flood Fringe A (FFA) in the in the Olmsted County Zoning Ordinance
shall be designated as flood fringe (FF) .
60.351 Zoning Administrator Report: Within thirty (30) days after the
effective date of an annexation that was adopted without designating a
zoning district, or within six (6) months after the passage of a joint
resolution designating an area in need of orderly annexation, the
zoning administrator shall prepare a report for the Commission
examining the existing pattern of development in the area, the
character of the property, and the land use plan recommendation for
the area, and shall include a recommendation on suitable zoning
designation for the property. If the City Council finds it is
important to the protection or implementation of City policies, interim
regulations may be applied to the annexed area until more permanent
action can be taken.
60.360 THE ZONING MAP: Zoning districts established by this ordinance are
bounded and defined as shown on the' Official Zoning Map of Rochester
which, together with all explanatory materials contained thereon, is
33 - November 27, 1991
hereby made a part of this ordinance. The Official Zoning Map shall be
identified by the signature of the President of the City Council and
the Mayor, attested to by the City Clerk, indicating it is the zoning
map referred to in this chapter and citing the date of adoption and the
effective date thereof.
60.361 Official Copy to be Maintained: The Official Map, properly attested,
shall remain on file in the Office of the City Clerk of Rochester.
60.362 Amendments to the Zoning Map: Ordinances adopted by the Council
amending the zoning map shall set forth by plat, metes and bounds, or
other appropriate description the change made in the district
boundaries, and upon final adoption, such amendments shall be recorded
by reference on the zoning map and filed in the Office of the City
Clerk. The Council may at such time as it deems appropriate, adopt a
new Official Zoning Map incorporating all amendments thereto as of that
date. Amendments to the boundaries of corporate and extraterritorial
limits shall be adopted as provided by state statute and entered on the
map in the same manner as amendments to the zoning district boundaries.
60.363 Zoning Administrator to Maintain Current Map: The zoning administrator
shall maintain a current zoning map drawn on a base material that will
provide a reproducible master so that copies may be readily made. The
current zoning map shall show the current boundaries of all zoning
districts and corporate and extraterritorial limits, but need not show
the certifications entered on the official Zoning Map.
60.364 Interpretation of Boundaries: The following rules shall be used to
determine the precise location of any zone boundary shown on the
Official Zoning Map:
1) Boundaries indicated as approximately following governmental
incorporation or extraterritorial jurisdiction boundaries shall be
construed as following such boundaries;
2) boundaries indicated as following or approximately following the
center lines of streets, highways or alleys shall be construed to
follow such centerlines;
3) boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines;
4) boundaries shown as following or approximately following railroad
lines shall be construed to lie midway between the main tracks of
such railroad lines;
5) boundaries shown as following or approximately following the
centerline of streams, rivers or other continuously flowing water
courses shall be construed as following the channel centerline of
such water courses taken at mean low water, and in the event of a
natural change in the location of such streams, rivers or other
water courses, the zone boundary shall be construed as moving with
the channel centerline;
6) boundaries shown as following shorelines of any lake shall be
construed to follow the mean high waterline of such lakes, and in
the event of change in the mean high waterline, shall be construed
as moving with the actual mean high waterline;
7) boundaries shown as following section lines, half-section lines, or
quarter-section lines shall be construed as following such lines;
S) boundaries indicated as following the contours of certain
elevations or soils of a particular type shall be construed as
following the actual height or soil contour as determined by
accepted surveying practice;
34 - November 27, 1991
9) boundaries indicated as separated from, and parallel or
approximately parallel to, any of the features listed in paragraphs
1 through 9 above shall be construed to be parallel to such
features and at such distances there from as are shown on the map.
Where uncertainties continue to exist after application of the above
rules, appeals may be taken as provided in Article 60.160,
Interpretations. For the purposes of that section, a zoning district
boundary determination is considered a non-use interpretation.
35 - November 27, 1991
60.400 MODIFYING ORDINANCE PROVISIONS
60.410 VARIANCE: The opportunity to vary the literal provisions of the
ordinance is provided for as required in Chapter 462.357 (sub. 6) of
the Laws of Minnesota by the creation of the variance procedure. When
practical difficulties or unnecessary hardships unique to an individual
property under consideration, and not mere inconvenience, would result
from strict enforcement of the literal provisions of this ordinance,
application may be made to vary or modify any regulation or provision
of the ordinance, subject to the findings in paragraph 60.427, so that
the spirit of the ordinance is observed and substantial justice is
done. A variance is one remedy available where the zoning
administrator has determined that no zoning certificate or development
permit may be issued without varying or modifying the regulations or
provisions of the ordinance.
60.411 Filing for a Variance: An application for a variance shall be
submitted to the zoning administrator and shall include the appropriate
application form completed in full, a legal description of the
property, a site plan, a statement on the nature of the variance
requested, and such other information as may be pertinent or required
for appropriate action by the reviewing body. A fee, as established in
Article 60.175, shall accompany the application submittal.
60.412 Procedure: Variance requests shall be considered under the Type III
Review Procedure, with the Phase I Hearing Process used. The Board of
Appeals shall be the hearing body.
60.413 Notice: Notices for variances shall be sent to all owners of property
who have land within 200 feet of the parcel for which the proposed
variance is being requested.
60.414 Decision: The Board of Appeals shall render a formal decision on an
application within 21 days of the close of the public hearing on the
application. The decision shall include findings of fact and
conclusions based thereon, and shall include any conditions or terms to
which issuance of the variance is subject.
60.415 Appeal: The procedure for appeal of a decision by the Board on a
variance request shall be as set forth in Article 61.600.
60.416 Order: Within five (5) days following a decision by the Board the
zoning administrator shall reduce the decision of the Board to written
form, and a copy of the order shall be served upon the petitioner by
first class mail. A copy of the order shall be filed with the County
Recorder, and the cost of recording shall be paid by the applicant.
The decision regarding a variance shall not become effective until the
written order has been served upon the applicant.
Approval of a variance request shall allow the zoning administrator to
proceed with the processing of any permits or certificates required for
development approval.
60.417 Findings for Variances: In taking action on a variance request, the
approval authority shall make findings supporting the decision based on
the following guidelines:
1) The approval authority may grant a variance to the provisions of
this ordinance if it finds that:
a) there are extraordinary conditions or circumstances, such as
irregularity, narrowness, or shallowness of the lot or
exceptional topographical or physical conditions which are
peculiar to the property and do not apply to other lands within
the neighborhood or the same class of zoning'district; and
36 - November 27, 1991
b) the variance is necessary to permit the reasonable use of the
property involved; and
c) the variance will not be materially detrimental to the public
welfare or materially injurious to other property in the area,
is in harmony with the general purpose and intent of this
ordinance, and will not adversely affect implementation of the
Comprehensive Plan; and
d) the variance as granted is they minimum necessary to provide
reasonable economic use of the property.
The extraordinary conditions or circumstances shall be found not to
be the result of an action by the applicant or property owners who
has control of the property.
In addition, the approval authority shall find that development of
the parcel in question cannot be integrated with development of
adjacent parcels under the same ownership in such a manner so as to
provide for the reasonable economic use of the total site in a
manner consistent with the provisions of this ordinance.
2) The Board may grant a variance to the literal provisions of this
ordinance if it finds that:
a) there has been substantial and detrimental reliance in good
faith by an applicant who has received a permit or certificate
issued in error by the administrative official charged with
enforcement of this ordinance, and
b) the mistaken issuance of the certificate or permit is not the
result of an action on the part of the applicant, the property
owner, or any other person or party who has had control of the
property, to provide misleading or incorrect information, or to
knowingly withhold information necessary for the administrative
official to accurately review the permit or certificate
request.
3) The Board shall under no circumstance grant a variance that will
allow a use otherwise not permitted within the zoning district or
any variance of the elevations levels for flood protection.
4) In granting a variance, the zoning administrator or the Board may
impose such reasonable and appropriate conditions and safeguards as
may be necessary to accomplish, to the extent possible under the
circumstances, the purposes of the regulations or provisions which
are to be varied or modified and to reduce or minimize potentially
injurious effects of the variance upon adjoining properties, the
character of the neighborhood, and the health, safety, or general
welfare of the community. A variance and any conditions and
safeguards which were made a part of the terms under which the
variance was granted are binding upon the applicant and any
subsequent purchaser, heir, or assign of the property, and any
violation of a variance or its conditions and safeguards shall be a
violation of this ordinance and punishable as such.
60.420 DESIGN MODIFICATIONS: It is the intent- of this ordinance to recognize
that in certain instances it may be in the public interest to provide
an expedient method to modify the site design and public facility
standards of this ordinance as applied to certain types of
development.
60.421 Purpose: The purpose of the design modification is to permit relief
from the strict application of ordinance standards where there is no
defined hardship, the proposed modifications will not result in
37 _ November 27, 1991
identifiable loss of protection to adjacent properties, or where the
propose development results in a improved design solution to a site
design problem and in doing so, still meets the intent of the site
design or public facility standards. Guidelines are provided for the
approval authority to assess the impact of the proposed design
modification.
This ordinance also provides for certain types of development
identified as incentive development and restricted development which,
though not consistent with normal zoning district standards, will be
permitted in certain instances. These developments are supported by
the Land Use Plan, but may necessitate relaxation of certain design
standards in order to meet site constraints. Design modifications
will be considered as part of the normal review of these developments,
subject to standards established in this section.
60.422 Review of Design Modifications: Design modifications will be processed
through either the Type I or Type II review procedures, according to
the guidelines established in this section. Where a design
modification request accompanies a permit or certificate request that
requires processing through a Type III review procedure, the request
shall be considered by the Commission and Council as part of the Type
III review.
60.423 Guidelines for Approval: The following paragraphs identify specific
policies or standards for each type of design modification permitted by
the ordinance. The approval authority shall consider these policies or
standards in making the findings to approve or deny a request for a
design modification. In addition, the following standards shall apply
to all request for Type II Design Modifications:
1) The burden shall be upon the applicant to show the design solution
will result in an improved use of land while preserving the
purposes for which the original regulation is enacted.
2) Any such modification shall consider the relationship of the
development to its surroundings and shall avoid creating any
adverse effects due to noise, traffic circulation, building height
or bulk or lack of screening.
60.424 Specific Policies: The following paragraphs contain the guidelines
applicable to specific types of design modifications which shall be
considered by the approval authority.
1) Yards or Setbacks Along Side or Rear Lot Lines:
a) Type I Design Modification: The zoning administrator may
permit as a Type I Design Modification:
1) The encroachment of an addition to an existing structure
or building into a required yard when a portion of the
existing structure already encroaches into that yard and
the proposed addition or alteration will not exceed the
existing encroachment.
2) The reduction of required side yards to ten (10%) percent
of the width of the lot on lots of record not meeting the
minimum width at building line requirements found in this
ordinance.
b) Type II Design Modifications, Permitted and Conditional Uses:
The Zoning Administrator may permit the encroachment of an
addition to a dwelling or any accessory structure into a
required yard where it can be found that;
1) the structure will not encroach on any existing easements;
_ 38 _ November 27, 1991
2) the design of the structure or addition will not change the
pattern of storm water drainage in such a way as to
adversely affect adjacent properties;
3) the placement of the structure will not adversely affect
the privacy afforded to uses on adjacent properties by
reducing the open space provided adjacent to the primary
living areas and primary windows of buildings on adjacent
lots;
4) the placement of the building will not adversely affect the
ability of adjacent owners to construct new structures or
expand existing structures within the normal required
zoning setbacks due to potential conflicts with the
Building Code;
5) the addition or accessory structure will not cut off access
to the rear yard of the property, particularly where the
rear yard may be needed as the location for future
accessory building or storage; and
6) the placement of the new structure will not result in the
need for the property owner to utilize adjacent properties
for maintenance purposes, unless a written agreement
between the owners is submitted along with the request for
the design modification.
c) Policy for Setback Modifications: (Restricted and Incentive
Development) The Commission and Council may permit a reduction
in side and rear yards below the standards of the applicable
zoning district when the proposed development is found to meet
the following guidelines:
1) Privacy: One purpose of side and rear yard setbacks is to
provide privacy within the dwelling unit. Where windows
are placed in only one of two facing walls or there are no
windows, or where the builder provides adequate screening
for windows, or where the windows are at such a height or
location to provide adequate privacy, the side or rear yard
may be reduced.
2) Light and air: The building spacing provides one method of
insuring that each room has adequate light and air.
Building spacing may be reduced where there are no windows
or very small window areas, and where rooms have adequate
provisions for light and air from another direction, or
where building orientation, layout and shapes are such that
adequate light and air are available.
3) Use: Areas between buildings are often used as service
yards for storage of trash, clotheslines, or other
utilitarian purposes. Where this use is similar for both
houses, a reduction of building space permitting effective
design of a utility space shall be permitted. Kitchens and
garages are suitable for rooms abutting such utility yards.
2) Front Yards:
a) Type I Design Modification: The zoning administrator may
permit as a Type I Design Modification:
1) The reduction of a required front yard so as to be
consistent with the front yards of adjacent parcels. Where
there are buildings on both abutting parcels with front
yards of less than the depth required in the applicable
zoning district, the front yard for the undeveloped lot
39 _ November 27, 1991
need not exceed the average front yard of the adjacent
lots. Where there is a building on one abutting lot with
a depth less than that required in the underlying zoning
district, the front yard need not exceed a depth one-half
way between the depth of the adjacent front yard and the
required front yard depth.
2) The reduction of front yards for all lots within a block
fronting on the same street by up to 40% where existing
topography limits the use of the lots without significant
regrading and where the zoning administrator determines it
will no have an impact on other dwellings in the vicinity
due to topography, street layout, or other subdivision
design factors.
3) The reduction of front yards by up to 40% where access is
provided via an alley and no access is permitted across the
front lot line.
b) Policy for Front Yard Modifications: (Restrictive and Incentive
Development) The Commission and Council may permit the
reduction in the front yard below that required in the
underlying zoning district in a restricted or incentive
development when the proposal is found to meet the following
guidelines:
1) The minimum front yard is intended to provide privacy and
usable yard area for residents. In practice, however,
front yards are rarely used, so that only the privacy
factor is important. Where the developer provides privacy
by reducing traffic-flow through street layout such as cul-
de-sacs, or by screening or planting, or by facing the
structure toward open space or a pedestrian way, or through
the arrangement of rooms so that primary windows are
oriented away from the front yard of the building, it is
possible to reduce the front yard requirement.
3) Percentage of Landscaped Area:
a) Type I Design Modification: The Zoning Administrator may
permit as a Type I Design Modification:
1) A reduction in the required amount of landscaped area by up
to 50 percent where a proposed development abuts lands
owned in fee title by a public entity which provide open
space in amounts exceeding normal zoning district
standards, such as parks, parkways, school sites, golf
courses and the like. Public lands developed for specific
non-open space use, such as water towers, governments
office buildings, or indoor recreation facilities, shall
not qualify for the bonus.
2) A reduction in the required amount of landscaped area by up
to 25% where a development abuts a right-of-way where
excess boulevard exists. The presence of excess boulevard
is determined by calculating the amount of boulevard needed
for pedestrian facilities, snow storage, normal utility
placement, and normal boulevard plantings, and future
roadway improvements, and then comparing this amount to the
actual boulevard area to see if any excess area exists.
The zoning administrator shall find that the proposed
development will still exhibit a similar character to
adjacent developments through consistency in buildings
heights, setbacks and floor area ratio, or through the
- 40 - November 27, 1991
introduction of additional landscaped treatment which will
serve to mitigate the effects of increased development
intensity on the site.
4) Usable Recreation Area:
a) Type I Design Modification: The zoning administrator may
permit as a Type I Design Modification a reduction in the
usable recreation space by up to 50 percent where a
development has reasonable access to an improved public
facility that provides the facilities necessary to meet the
daily recreation needs of the residents of the proposed
development. In determining the recreation needs, the zoning
administrator shall consider the demographics of the potential
residents (age, presence of children, etc.)
A site shall be considered to have reasonable access to a
recreation facility if it is located, based on distance
separation or travel time to the facility, within a distance or
time equal to no more than one quarter of the accepted maximum
service area radius for the facility.
b) Policy on Usable Recreation Space: (Incentive and Restricted
Development) The Commission and council may permit a reduction
in the amount of Usable Recreation Space required by the
underlying zoning district for an Incentive or Restricted
Development where the proposed development meets the following
guidelines:
1) The needs of the development can be met by other facilities
in the proximity of the development; or
2) Specially designed facilities within the development are
provided which utilize a more compact space; or
3) The nature of the residents with the development will be
such so as not to require the amount of useable recreation
space specified by the ordinance.
c) Phased Development: In issuing the zoning certificate for one
phase of a multi-phase development which has been approved
through a site planning or conditional use permit, the zoning
administrator may permit a deviation from the required amount
of usable recreation space in that phase when the development
as a whole is designed to meet the standards.
5) Lot Area and Frontage:
a) Type I Design Modifications: The zoning administrator may
permit as a Type I Design Modifications:
1) The development of single family detached dwellings on lots
smaller than those required by the ordinance in an R-1 or
R-2 Zoning District if consistent in lot area and frontage
with adjacent developed parcels. To determine the frontage
or lot area requirement, the following procedure shall be
used:
a) List in ascending order the lot area or frontages of
all parcels lying in whole or in part within 200 feet
of the boundary of the subject site. Only parcels
within the same district shall be listed.
b) Determine the median parcel size or frontage, which
will be the size or frontage of the parcel one-half way
41 - November 27, 1991
down the list, or in the case of an even number of
parcels, the first of the middle two.
c) Determine the area or frontage required by adding the
frontages or areas of the median parcel and the next
parcels above and below and dividing the total by
three.
2) In any zoning district where single family detached
dwellings or duplexes are permitted, a site existing on the
effective date of this ordinance may be subdivided into
parcels with less than the minimum lot area or frontage for
the proposed use (either a single family detached dwelling
or duplex) when one of the following tests are met:
a) Two parcels may be permitted on a site containing the
area required for one parcel and 90 percent of the area
for a second, or
b) Three parcels may be permitted on a site containing the
area required for two parcels and 85 percent of the
area for a third, or
c) Four parcels may be permitted on a site containing the
area required for three parcels and 80 percent of the
area for a fourth.
The lot area or frontage of any individual lot created may not
deviate by more than 10 percent from the minimum requirement
for the district, except where a flag lot configuration is
used for one of the lots, in which case the frontage may be
reduced further subject to the flag lot provisions of the
ordinance.
3) The frontage of lots within a block utilizing an alley for
access and platted with access restrictions along the front
lot line may be reduced to the amount necessary to provide
only the minimum required side yards along each side lot
line.
6) Height
a) Type I Design Modification: The Zoning Administrator may
permit as a Type I Design Modification the following:
1) Appurtenances attached to the side of the building or free
standing such as private antennas, chimneys, flagpoles,
bell towers, smokestacks, steeples, spires, parapet walls,
skylights,
2) Rooftop appurtenances such as fire escapes, antennas,
satellite dishes, mechanical penthouses, ventilators,
observation or bell towers, smokestacks, steeples, elevator
bulkhead, rooftop water tower or cooling tower, domes,
steeples or spires, with no limitation on height, provided
they do not occupy more than 25% of the roof area and
provided that all mechanical equipment is screened.
3) Freestanding structures without limitation as to height
subject to the following requirements:
a) Silos, barns, grain elevators and water towers shall be
setback at least 50 feet form any property line.
42 - November 27, 1991
b) Transmission Towers and windmills shall be setback from
property lines a distance equal to the height of the
structure. Guy wires for towers shall be located no
closer than 10 feet to any property line, and suitable
protective anti-climbing fencing shall be provided
around any transmission tower.
b) The limited modification of height requirements may be
considered as a Type II Design Modification. The zoning
administrator and Commission shall investigate the effect of
shadows, loss of privacy, and the closing of views resulting
from the contrast created between the height and location of
the proposed building with existing buildings or adjacent open
spaces in making a determination to approve the proposal. In
addition, fire officials and building officials shall be
consulted to see if any public safety concerns will be created
by the additional building height.
No more than 25 percent increase in height in any Residential
District or 50 percent increase in height on a parcel zoned in a
non-residential district which abuts an R-Sa, R-1, or R-2 District
may be considered as a Design Modification. In all other
instances, up to 100 percent increase in height may be considered.
7) Off Street Parking:
a) Type I Design Modification: For developments where ordinance
requirements may result in the provision of excess off-street
parking due to unique characteristics of the development, the
zoning administrator may permit the deferral of up to 20
percent of the required spaces. The developer shall enter into
a written agreement with the city that the additional parking
spaces up to the total spaces required shall be provided at the
owner's expense should the zoning administrator determine that
the total required parking spaces are necessary to satisfy the
actual needs of the particular use.
Factors the zoning administrator shall consider in granting an
off-street parking deferral are:
1) Where it can be shown that the number of cars owned by the
occupants in a residential development is
characteristically different from the norm, or the
proximity of the development to employment, shopping,
educational and transit developments is such that reduced
auto usage may be anticipated.
2) That based on trip generation characteristics and time of
day usage characteristics for similar uses, it can be shown
for non-residential uses that the typical requirements can
be reduced without causing parking to overlap into other
nearby developments.
3) Immediate proximity to public transportation facilities
serving a significant proportion of residents, employees,
and/or customers.
4) Operation of effective private or company car pool, van
pool, bus or similar transportation programs.
5) Evidence that a proportion of residents, employees, and/or
customers utilize, on a regular basis, bicycle or other
transportation alternative commensurate with reduced
parking requirement.
43 - November 27, 1991
8) Bufferyards
a) The modification of bufferyard requirements may be considered
as a Type II Design Modification. The zoning administrator and
Commission shall consider the following guidelines in
considering the Design Modification Request:
1) Where it can be shown that adequate separation is achieved
by 1) exceptional topographical features, 2) the nature of
the existing landscaping, or 3) the introduction of special
structural elements, or 4) the orientation of existing
views in adjacent developments.
9) Public Facility Standards::
a) Modification to the requirements of Chapter 64 may be approved
as part of the review of any land subdivision permit or final
plat where the applicant can show by reason of exceptional
topography or any other physical condition that strict
compliance with these regulations would cause undue hardship or
that such relief would not be a detriment to the public welfare
and would not impair the intent and purpose of the regulations.
10) Exterior Storage Activity
a) Type I Design Modifications: The zoning administrator may
permit as a Type I Design Modification:
1) The conduct of activity associated with a non-residential
use outside of a structure when the following guidelines
are met;
a) The development is located in a non-residential zoning
district and does not abut a residential zoning
district.
b) The zoning administrator determines that proposed
activity will not affect any residential uses within
the area due to the effects of noise, glare, or the
potential for litter.
c) The activity will not create potential hazard to
traffic by interfering with traffic visibility or by
distraction to passing motorists due to glare or
lighting patterns.
d) The activity is suitably screened and is protected from
internal vehicular circulation areas.
44 - November 27, 1991
60.500 PROCEDURES FOR PERMIT AND CERTIFICATE APPROVALS: Review procedures
herein identified as the Type I procedure, Type II procedure and Type
III procedure are established for use in processing all permit
applications filed under this ordinance. References in the ordinance
to Type I, Type II or Type III refer to the procedure to be used for
processing an application request.
60.501 When an application for a certificate or permit is submitted, the
zoning administrator shall determine which procedure type the ordinance
specifies for its processing. When there is a question as to the
appropriate type procedure, the question shall be resolved in favor of
the higher type number.
60.502 The zoning administrator shall be responsible for the coordination of
the development application and the decision making procedures outlined
within this section.
60.503 Pre-Application Conference: An applicant or the applicant's authorized
representative may request the zoning administrator to arrange a pre-
application conference. The conference shall be held within 15 days of
the request, unless a longer time is agreed to by the applicant. The
purpose of the conference shall be to acquaint the applicant with the
substantive and procedural requirements of this ordinance, provide for
an exchange of information regarding applicable elements of the
comprehensive plan and zoning ordinance, arrange such technical and
design assistance as will aid the applicant, and to otherwise identify
policies and regulations that create opportunities or pose significant
constraints for the proposed development. The zoning administrator, if
requested by the applicant, shall provide a written summary of the
conference within five (5) days of the conference.
60.504 Contents of Application: An application for any development activity
shall consist of the material specified in this section, plus other
materials as required by this ordinance.
1) A completed development application on the appropriate form
provided by the zoning administrator.
2) Proof, if requested, that the property affected by the application
is in the ownership of the applicant, or the applicant has the
consent of all partners in ownership of the affected property.
3) A complete, typed legal description of the property affected by
the application.
4) In the case of an application for a conditional use permit,
variance, or site planning permit, an explanation of intent,
including a statement on the nature of the proposed development
and any other information the applicant may feel will have a
bearing in determining the action to be taken.
5) The submittal material indicated in Appendix B for the type of
permit or certificate being requested.
6) An application fee as required in Article 60.175 of this ordinance.
60.505 Submission of Development Permit Application: Application materials
shall be submitted to the zoning administrator who shall have the date
of submission indicated on each copy of the material submitted. Within
three (3) days, the zoning administrator shall determine whether the
application is complete. If the zoning administrator determines that
the application is incomplete or otherwise does not conform to the
provisions of this ordinance, the zoning administrator shall
immediately notify the applicant of the negative determination by
personal service or registered mail. An application for which a
45 - November 27, 1991
negative determination has been made may be resubmitted after revision
to overcome the reasons for the negative determination. If a
development application is complete and in conformance with the
provisions of this ordinance, the zoning administrator shall accept it,
noting the date of acceptance.
60.506 Issuance of Permits and Certificates : In issuing certificates and
permits, the zoning administrator shall be guided by the following
provisions:
1) Action on accepted application: Following acceptance of an
application, the zoning administrator shall either issue or deny a
permit or certificate within the following time frames:
Zoning Certificates 10 days
Sign Permits 5 days
Housing Certificates 5 days
For Other Applications not
Requiring Approvals by Others 20 days
Applications Requiring Approval
or Review by Others 7 days following approval
by others
2) The zoning administrator's decision to either approve or deny the
application shall be based on the evidence submitted with the
application, its conformance with the provisions of this ordinance,
comments from referral agencies, and approvals of other bodies as
required.
3) The zoning administrator shall issue the development permit if he
finds the applicable approvals by others have been granted and the
proposed development otherwise conforms to the requirement of this
ordinance.
4) The zoning administrator shall deny the development permit if the
required approvals are not obtained or the application fails to
comply with ordinance requirement.
60.507 Notice of Action: The zoning administrator shall notify the applicant
as to the final disposition of the application. The notice shall
indicate the date when the decision will take effect and shall describe
the right of appeal pursuant to Article 60.700 of the ordinance. This
notice shall be in written form. In the case of zoning certificates,
housing permits and sign permits, the application form may be used to
transmit the notice of action. In the case of all other permits
required by this ordinance, the zoning administrator shall prepare a
written Notice of Action containing findings of fact, and the
conclusions based thereon, along with any conditions imposed upon the
issuance of the permit, and shall transmit a copy of said notice to the
applicant.
60.508 Action on Resubmission of Denied Application: An applicant may make
appropriate alterations to a denied application and resubmit it, with
payment of a new fee required. If a previously denied application is
resubmitted within one year, previous approvals need not be
reconsidered unless the zoning administrator finds that changed
conditions or changes in the proposal warrant such reconsideration.
60.510 TYPE I REVIEW PROCEDURE: Following acceptance of an application subject
to the Type I Procedure, the Zoning Administrator shall review the
proposed development for compliance with the provisions of this
ordinance and other relevant city ordinances that may be applicable.
60.511 The zoning administrator shall take action to either issue or deny the
development permit pursuant to Paragraph 60.506.
- 46 - November 27, 1991
60.512 A decision of the zoning administrator under a Type I procedure may be
appealed by an affected party in accordance with Article 60.700 of this
ordinance, except that review of a Type I decision is a review of the -
record supplemented by oral commentary relevant to the record presented
on behalf of the applicant and the zoning administrator.
60.520 TYPE II REVIEW PROCEDURE: Following acceptance of an application
subject to the Type II Procedure, the planning staff shall, within
three (3) days, transmit one copy of the application, or appropriate
parts of the application, to each referral agency for review and
comment. If the referral agency does not comment within seven (7)
days, unless an extension of up to seven (7) days is requested by the
agency and granted by the zoning administrator, the referral agency
shall be presumed to have no comment. The zoning administrator shall
also mail a Notice of Proposed Action to all persons designated to
receive notice by the relevant section of this ordinance, pursuant to
the requirements of Section 60.630. The notice shall contain a
synopsis of the development, instructions on where to obtain additional
information, and shall advise notified persons of their right to
request a public hearing before the Commission by written petition.
60.521 The zoning administrator shall review any information received under
paragraph 60.504 and make a decision within twenty (20) days on the
application by issuing a preliminary approval or denial of the
application.
60.522 Following the preliminary decision on the application, the zoning
administrator shall prepare a notice of action as required by 60.507,
and shall transmit a copy to the Commission at their next regularly
scheduled meeting. Written requests for public hearings received from
persons receiving a notice of proposed action shall also be included in
the transmittal to the Commission.
60.523 Any person who has received a notice of proposed action may request a
hearing to be held on the proposed development. Requests for a hearing
shall be in filed with the zoning administrator in writing within 10
days from the date of the notice of proposed action and shall state the
reasons for requesting the hearing. Persons requesting a hearing shall
pay a fee, as set by resolution of the Council, to cover the cost of
said hearing. Within 5 days of receipt of the request for hearing, the
zoning administrator shall schedule a hearing before the Commission
pursuant to the requirements of section 60.600.
60.524 If a request for a hearing has not been submitted, the Commission may
either uphold the decision of the zoning administrator without a de
novo hearing, or may conduct a public hearing to consider upholding or
reversing the preliminary decision of the zoning administrator. If a
de novo hearing is to be held, notice shall be sent to all property
owners who have land within 200 feet of the parcel under consideration.
In deciding whether to hold a public hearing, the Commission need not
receive any oral testimony; its decision may be based solely on the
written materials before it.
60.525 If a preliminary decision of the zoning administrator is not scheduled
for review, or following a scheduled review by the Commission, the
zoning administrator shall dispose of the development permit in the
manner provided for by paragraph 60.506. If there are any changes to
the preliminary notice of action, the zoning administrator shall make
such change or transmit a revised copy to the applicant.
60.526 The Commission shall take action by majority vote of its members
present when the hearing was held, within 25 days of the close of the
hearing, unless an extension is agreed to by the applicant.
60.530 TYPE III REVIEW PROCEDURE: The Type III Review Procedure includes
review of a proposed application at a public hearing(s) . Three hearing
47 _ November 27, 1991
processes are established, identified as Phase I, Phase II or Phase III
Hearing Processes. ordinance regulations for applications subject to
the Type III Review Procedure will always identify which phase(s) of
review will be conducted in consideration of the application.
60.531 Phase I Hearing Process: The Phase I Hearing Process shall be as set
forth below:
1) Following the zoning administrator's acceptance of a completed
development permit application, the zoning administrator shall,
within three (3) days, transmit one copy of the application, or
appropriate parts of the application, to each referral agency for
review and comment. If referral agencies do not comment within
eight (8) days, the referral agency shall be presumed to have no
objection.
2) The zoning administrator shall schedule a public hearing pursuant
to the requirement of section 60.600 before the Designated Review
Body. Notice of the hearing shall be sent to those persons
designated to receive notice by the requirements for each type of
application in Chapter 61. The hearing shall be scheduled within
sixteen (16) days after acceptance of the application by the zoning
administrator.
3) Zoning Administrator Review: Prior to the scheduled public hearing
before the Designated Review Body, the zoning administrator shall
review the proposed application and prepare a report analyzing the
advantages and disadvantages of the of the proposal. The Zoning
Administrator shall recommend to the Designated Review Body, on
the basis of facts and circumstances, the comprehensive plan, and
other planning information, either approval, denial, or
modification of said application. A copy of the report shall be
transmitted to the applicant and to the professional firm
representing the applicant, if any.
4) Following the close of the public hearing, the Designated Review
Body shall file a report within 25 days summarizing the findings of
the public hearing and recommending either approval, approval with
conditions, or denial of the application. The designated hearing
body shall take action by majority vote of its members present when
the public hearing was held. Within ten (10) days the zoning
administrator shall transmit a copy of the report to the Council
for their information.
60.532 Phase II Hearing Process: The Phase II Procedure shall be as set forth
below
1) Following the zoning administrator's acceptance of a completed
development permit application, the zoning administrator shall,
within three (3) days, transmit one copy of the application, or
appropriate parts of the application, to -each referral agency for
review and comment. If referral agencies do not comment within
eight (8) days, the referral agency shall be presumed to have no
objection.
2) The zoning administrator shall schedule a public hearing pursuant
to the requirement of section 60.600 to be held before the
Commission. Notice of hearing shall be sent to those persons
designated to receive notice by the requirements for each type of
application in Chapter 61. The hearing shall be scheduled within
sixteen (16) days after acceptance of the application by the zoning
administrator.
3) Zoning Administrator Review: Prior to the scheduled public hearing
before the Commission the Zoning Administrator shall conduct a
review as outlined in 60.531(3) .-
48 - November 27, 1991
4) Following the public hearing, the Commission shall file a report
summarizing the findings of the public hearing and recommending
either approval, approval with conditions, or denial of the
application, with the City Council, within ten (10) days. The
zoning administrator shall also transmit a copy of his report along
with the hearing report to the Council.
5) The Council, within 20 days after receiving the reports from the
Commission and the zoning administrator, shall conduct a public
hearing pursuant to the requirements of section 60.600. The
Council shall make a decision on the application by either
approving, approving with conditions, or denying the application.
6) The Council shall have the power to waive subsequent review phases
in a multi-phase review process if requested by the applicant upon
findings that:
a) The information considered during the Phase II Hearing Process
is sufficient in nature to demonstrate compliance with all the
requirements set forth in this ordinance.
b) That waiver of the subsequent review phases will not interfere
with the purposes and intent of this ordinance.
c) That the applicant has provided assurance that all conditions
or modifications attached to approval of the project will be
met. This assurance shall include, but shall not be limited
to, the filing of revised plans, the provision of necessary
bonds or other surety to cover the completion of projects, or
the filing of necessary legal documents.
7) The Phase II approval for a development permit requiring subsequent
final development plan and the approval shall continue in force as
long as the ordinance has not been amended to cause the application
to be in conflict with provisions of the ordinance.
60.533 Phase III Hearing Process: The following procedure shall be followed
in processing all applications required to go through Phase III of the
Type III review procedure:
1) The zoning administrator, after accepting an application for a
development permit (requiring review through a Type III hearing
process) and finding that it is complete, shall, within three (3)
days, transmit one copy of the application to all referral
agencies. The referral agencies shall have eight (8) days in which
to comment; if no response is received, the referral agency shall
be presumed to have no objection.
2) The zoning administrator shall within sixteen (16) days of receipt
of the application schedule a review of the application before the
Commission.
The zoning administrator shall prepare a report of his findings and
those of the referral agencies and submit his report to the
Commission prior to the scheduled review.
3) Following the review, the Commission shall file a report
summarizing the findings of the review and recommending either
approval, approval with conditions, or denial of the application,
with the City Council, within ten (10) days. The zoning
administrator shall also transmit a copy of his report along with
the hearing report to the Council.
49 - November 27, 1991
4) The Council shall within 20 days of receipt of the Commission
decision hold a public hearing on the proposal pursuant to section
60.600. The Council shall make a decision on the application by
either approving, approving with conditions or denying the
application by resolution upon majority vote of members present at
the time the public hearing was held.
5) Following final action in the Phase III hearing process, the zoning
administrator shall dispose of the permit in the manner provided
for in Paragraph 60.507.
_
50 _ November 27 1991
60.600 PUBLIC DELIBERATIONS AND HEARINGS: The requirements of this section
identify the general procedures applicable to all public hearings
conducted in the administration of this ordinance.
60.610 RESPONSIBILITIES OF ZONING ADMINISTRATOR: The zoning administrator,
subject to further direction of the governing body, shall perform the
following duties related to public hearings resulting from the
administration of this ordinance, consistent with the other provisions
of this ordinance.
1) Schedule and assign the matter for review and hearing.
2) Conduct the correspondence of the hearing body.
3) Give notice.
4) Maintain a record and enter into the record relevant dates such as
those of giving notice, hearings, postponement and continuances and
a summary of action taken by the hearing body.
5) Except in the case of the Council, prepare minutes of the hearing,
which include the decision on the matter heard and the reasons for
the decision.
6) Reduce the decisions of the hearing body to writing within a
reasonable time.
7) Mail a copy of the decision to a party requesting the same upon
payment of a reasonable fee, if a fee has been established.
60.620 NOTICE OF HEARING:
1) Notice of a hearing shall contain the following information:
a) The date, time and place of the hearing.
b) Where the hearing involves a development application for a
specific parcel of land, a description reasonably calculated to
inform a person of the location of the property for which the
development permit or other action is pending, including but
not limited to use of a map or postal address and a subdivision
lot and block designation, a metes and bounds description or
the tax map designation assigned by the county assessor.
c) The nature of the issue up for hearing.
d) The interested parties that have a standing to appear and be
heard.
e) The sections of the ordinance that are pertinent to the
hearing procedure.
f) Where information regarding the application may be examined and
when and how written comments addressing findings required for
a decision by the hearing body may be submitted.
60.630 PROCEDURE FOR MAILED NOTICE: Unless otherwise provided, addresses for
a mailed notice required by this ordinance shall be obtained from the
County's real property tax records.
Mailed notice shall be sent out at least ten (10) calendar days prior
to the day of the hearing. Unless the address is on file with the
zoning administrator, a person whose name is not in the tax records at
the time of filing of an application, or of initiating other action not
based on an application, need not be furnished mailed notice. The
51 - November 27, 1991
failure of a property owner to receive notice shall not invalidate an
action if a good faith attempt was made to comply with the requirements
of this ordinance for notice. If any omission or defect in the mailing
is brought to the attention of the hearing body, either at or prior to
the hearing, the hearing body shall consider the defect prior to
proceeding on the application. If it is found the omission or defect
impaired a surrounding property owner's ability to participate in a
public hearing, then the hearing body shall continue the hearing on the
proposed application for at least ten (10) days. Any omission or
defect which is not brought to the attention of the hearing body, or
which is found not to have impaired the ability of a surrounding
property owner to participate, shall in no way impair the validity of
the proceedings on the proposed application.
60.640 PROCEDURE FOR PUBLISHED NOTICE: When.published notice is required, it
shall be published in the designated newspaper of general circulation
at least ten calendar days prior to the day of the hearing.
60.650 RULES OF EVIDENCE: The public hearing is neither an administrative nor
an adversary proceeding. Nevertheless, it is necessary that certain
rules of procedure and evidence be followed in order to preserve the
issue before the hearing body and to protect the rights of interested
parties. To this end, the presiding officer may make rulings as are
necessary to preserve fairness, order, or proper decorum. The
presiding officer, any member of the governing body, the attorney, the
zoning administrator, or any interested party may object to and the
presiding officer may exclude any evidence, testimony, or comment which
is so incompetent, irrelevant, immaterial, or unduly repetitious as to
fail in any way to preserve the issue before the governing body. The
presiding officer, any member of the governing body, the attorney, and
the zoning administrator may question any person giving a summation,
presentation, or comment. Any affected parties may offer evidence or
testimony in explanation or rebuttal only with respect to evidence or
testimony which was not presented at a previous review proceeding, and
the presiding officer may determine that testimony for such purposes
shall be limited in duration.
60.651 Information at the Hearing: The designated review body shall afford an
affected property owner the opportunity to submit written
recommendations and comments in advance of the hearing and this
information shall be available for public inspection. At the hearing',
written recommendations and other information will be received and oral
statements may be submitted.
60.660 DECISION: Following a hearing, the hearing body shall, within the time
limits imposed by this ordinance, approve, approve with conditions, or
deny the application or, if the hearing is in the nature of an appeal,
affirm, reverse or remand the decision that is on appeal. The final
decision on a matter under consideration may be extended for a
reasonable period of time by agreement between the applicant and the
hearing body, but not to exceed six months from the date of the first
hearing on the matter.
60.670 FINDINGS AND ORDER: The hearing body shall prepare findings of fact
and an order which shall include:
1) A statement of the applicable criteria and standards against which
the proposal was tested.
2) The reasons supporting a conclusion to approve or deny an
application with or without conditions.
3) The decision to deny or approve the proposed application and any
conditions which may be attached to the decision.
52 - November 27, 1991
60.680 RECORD OF PROCEEDINGS: Minutes of the proceedings before the hearing
body shall be prepared by the responsible party.
1) Testimony shall be transcribed if required for judicial review or
if ordered by the hearing body.
2) The hearing body shall, where practical, retain as part of the
hearing record each item of physical or documentary evidence
presented and shall have the items marked to show the identity of
the person offering the same and whether presented on behalf of a
proponent or opponent. Exhibits received into evidence shall be
retained by the zoning administrator until after the applicable
appeal period has expired, at which time the exhibits may be
released to the person identified thereon, or otherwise disposed
of.
3) The findings and order shall be included in the record.
4) An individual shall have access to the record of the proceedings at
reasonable times, places and circumstances. An individual shall be
entitled to make copies of the record at the individual's own
expense.
53 - November 27, 1991
60.700 APPEALS: Decisions made in the administration of this ordinance may be
appealed to a higher administrative body according to the regulations
of this section. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the zoning administrator certifies
to the Appeal Body that by reasons of acts stated in the certificate, a
stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed otherwise than by an
order of the Appeal Body or by a restraining order issued by the
District Court of Olmsted County on application, with notice to the
zoning administrator and for due cause shown.
60.710 PROCEDURE TO FILE AN APPEAL: All appeals shall be in writing on forms
prescribed by the zoning administrator and accompanied by the fees
established in paragraph 60.175 of this ordinance.
All applications for an appeal shall contain:
1) an identification of the decision sought to be reviewed, including
the date of the decision;
2) identification of the status of the person seeking review in
relation to the applicant (i.e., applicant, adjacent landowner,
owner of record receiving notice);
3) the specific provisions of this ordinance involved;
4) if de novo review or review by additional testimony and other
evidence is requested, a statement relating the request to the
factor listed in paragraph 61.643.
60.720 WHO MAY FILE AN APPEAL: Appeals may be filed in the following
circumstances:
1) Any person aggrieved, or any agency or officer of the governing
body affected by any decision relating to the interpretation or
application of Chapters 60 through 65 of the Rochester Code of
Ordinances made by an administrative official or body charged with
enforcement of these chapters may file an appeal within ten (10)
days of a decision. The basis for such an appeal may be any
alleged error of such an official in making a decision, including
his failure to make a decision within the prescribed time limit. A
decision means any decision, order, requirement or interpretation
which the official or body has the power or duty to make under
these chapters.
60.730 DESIGNATION OF APPEAL BODY: The provisions of this section designate
the appropriate bodies to hear the various categories of appeals.
60.731 Appeals Heard by the Board of Appeals: Appeals of the following
actions shall be heard by the Board of Appeals:
1) Any interpretation, made under the provisions of Section 60.160,
may be appealed to the Board except for those falling under the
provisions of paragraph 61.632(3) or 61.633 (4) .
2) Decisions relating to the approval or denial of any zoning
certificate, housing certificate or sign permit, may be appealed to
the Board.
3) Any decision on a Type I or II design modification may be appealed
to the Board by an affected party.
60.732 Appeals Heard by the Planning and Zoning Commission: Appeals of the
following actions shall be heard by the Planning and Zoning
Commission:
- 54 - November 27, 1991
1) Decisions on Land Use Plan conformance may be appealed to the
Commission.
2) Decisions on any Type I land subdivision permit made by the zoning
administrator may be appealed by an affected party.
3) Interpretations which may result in the need to amend the ordinance
may be appealed to the Commission.
4) Decisions rendered by staff under 61.148. 60.733
Appeals Heard by the City Council: Appeals of the following
decisions shall be heard by the City Council:
a) Decisions on any Conditional Use may be appealed by any
affected party.
b) Decision on any variance rendered by the Board of Appeals may
be appealed by an affected party.
c) Any decision of the Commission on a Type II application.
d) Interpretations to any of the provisions of Article 62.800,
Flood Districts.
60.734 Appeal to District Court: After all administrative remedies and local
appeals have been exhausted, any person or persons jointly or severely
aggrieved by a decision, may present to the District Court of Olmsted
County, a petition setting forth that such a decision is illegal, in
whole or in part, and specifying the grounds of the illegality. Such
petition shall be presented to the District Court within thirty (30)
days after the zoning administrator has served a copy of the written
decision upon the applicant.
60.740 PROCEDURE: All appeals shall be handled through the Type III review
procedure, with a Phase I hearing process utilized.
60.741 Notification: At least ten (10) days prior to the hearing, the zoning
administrator, acting on behalf of the Appeal Body, shall by certified
or registered mail, return receipt requested, or by personal service,
give notice of the time and place of the hearing to the appellant
and/or the official whose decision is being appealed; and by inter-
office delivery to the following where they are not already an
interested party:
1) the City Attorney
2) other affected officers and agencies of the City government.
60.742 If the appeal is likely to result in the issuance of a permit, the
zoning administrator shall also within the same period of time by first
class mail give notice to an owner of record for tax purposes or an
occupant of each separately owned adjoining property. Such notices
shall advise that an appeal from an administrative officer is pending
and direct further inquiry to the zoning administrator.
60.743 Notices required under this article are for the convenience of
adjoining property owners and any defect or omission therein shall not
impair the validity of the public hearing with respect to any appeal.
60.750 BOARD OF APPEALS DECISIONS: No appeal may be disposed of under this
article, unless the Board of Appeals, in its minutes with respect to
the specific appeal, makes a decision based on findings of fact and
conclusions of law together with the reasons thereof, and based upon
substantial evidence or testimony which is competent, relevant, and
material. Findings as to the existence or nonexistence of crucial
55 - November 27, 1991
facts shall be based upon evidence or testimony unless the party or
parties before the Board of Appeals stipulate the facts or waive these
requirement. Every decision of the Board shall also include the vote,
abstention from voting, or absence of each member. The burden of
producing substantial evidence or testimony is upon the party who files
the appeal, and if he fails to do so, the Board of Appeals shall deny
the appeal. The Board of Appeals may reverse or affirm, in whole or in
part, or may modify the order, requirement, decision, or determination
appealed from and shall make any order, requirement, decision or
determination that in its opinion ought to be made under the
circumstances. To this end, the Board of Appeals has all of the powers
of the official from whom the appeal is taken.
60.751 Findings Board of Appeals: In rendering a decision with respect to an
appeal from any order, decision or determination, the Board of Appeals
shall strictly interpret the language of the ordinance and shall find
that the zoning administrator was correct in his decision or in error.
However, the Board shall not render any decision which confers rights
or privileges on the appellant than are otherwise permissible under the
strict interpretation of the language of this ordinance.
60.760 PROCEDURE AND SCOPE OF REVIEW, PLANNING AND ZONING COMMISSION AND CITY
COUNCIL: The zoning administrator, upon receiving the application,
shall transmit to the appropriate body a copy of the application along
with all documents constituting the record on which the decision
appealed from was taken within twenty-five (25) days.
60.761 The reviewing body shall issue an order at the meeting at which the
application for appeal was received stating the scope of review on
appeal to be one of the following:
1) restricted to the record made on the decision being appealed;
2) limited to such issues as the reviewing body determines necessary
for a proper resolution of the matter;
3) a de novo hearing on the merits.
60.762 Review on the Record:
1) Unless otherwise provided for by the reviewing body, review of the
decision on appeal shall be confined to the record of the
proceeding as specified in this section. The record shall include:
a) A factual report prepared by the zoning administrator;
b) all exhibits, materials, pleadings, memoranda, stipulations
and motions submitted by any party and received or considered
in reaching the decision under review;
c) the transcript of the hearing below, if previously prepared;
otherwise, a detailed summary of the evidence, but the details
need not be set forth verbatim.
2) The reviewing body shall make its decision based upon the record
after first granting the right of argument but not the introduction
of additional evidence to any party who has filed a notice of
appeal.
60.763 Review Consisting of Additional Evidence or De Novo Review:
1) The reviewing body may hear the entire matter de novo; or it may
admit additional testimony and other evidence without holding a de
novo hearing if it is satisfied that the additional testimony or
other evidence could not reasonably have been presented at the
56 - November 27, 1991
prior hearing. The reviewing body shall consider all of the
following in making such a decision:
a) Prejudice to the parties.
b) Convenience or availability of evidence at the time of the
initial hearing.
c) Surprise to opposing parties.
d) The competency, relevancy and materiality of the proposed
testimony or other evidence.
2) "De novo hearing" shall mean a hearing by the review body as if
the action had not been previously heard and as if no decision had
been rendered, except that all testimony, evidence and other
material from the record of the previous consideration shall be
included in the record of the review. Notice of the hearing shall
be mailed to all property owners entitled to receive notice under
the requirements applicable to the original permit application.
60.764 Review Body Decision: Upon review, the review body may by order
affirm, reverse or modify in whole or part a determination,
requirement, or decision that is under review. When the review body
modifies or renders a decision that reverses a decision of the zoning
administrator or hearing body, the review body, in its order, shall set
forth its finding and state its reasons for taking the action
encompassed in the order. When the review body elects to remand the
order back to the hearing body for such further consideration as it
deems necessary, it shall include a statement explaining the error
found to have materially affected the outcome of the original decision
and the action necessary to rectify such.
57 - November 27, 1991
Section 2. Chapter 61 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 61
LOT AND SITE DEVELOPMENT APPROVAL PROCEDURES
61.100 The requirements of this section identify which permits or certificates
will be required prior to the commencement of any development
involving the establishment, modification or change to a use on a
parcel or tract of land within the City of Rochester..
61.110 ZONING CERTIFICATE: A document issued by the zoning administrator
authorizing a development to proceed based on information included on
the application evidencing compliance with ordinance requirements.
61.111 When a Zoning Certificate is Required: A zoning certificate shall be
required before 1) any new use may be established involving a change in
the manner in which the exterior portion of a site is used or involving
the erection, construction, reconstruction or alteration (as defined)
of a building or structure; 2) an existing use is changed or modified
so as to alter the character of its occupancy; or 3) the
reestablishment of a use involving the erection, reconstruction,
construction or alteration of a building or structure, 4) the
establishment of a temporary use on a site may proceed.
61.112 Procedure: All zoning certificates shall be processed under the Type I
review procedure outlined in subsection 60.510.
61.113 Submission Criteria: Appendix B outlines the information that is to be
submitted with an application for a zoning certificate.
61.114 Criteria or Approval of Zoning Certificates: It shall be the duty of
the Zoning Administrator to issue the zoning certificate provided that
he is satisfied that the use and layout of the development as indicated
on the site plan conform with ordinance requirements. No zoning
certificate authorizing a conditional use, or requiring a variance,
special relief, or design modification, shall be issued until said
permit has been approved under the regulations of this ordinance, and
the zoning certificate evidences compliance with any conditions
attached to the approval of said permit.
61.115 Approval of Temporary Uses: The zoning administrator may approve a
zoning certificate for a temporary use in the form of a revocable
permit for a period not to exceed 12 months subject to conditions that
will safeguard the public health, safety and general welfare. Specific
restrictions applying to certain types of temporary uses are:
1) Carnival or Circuses: No structure or equipment shall be within
500 feet of any residential property line.
2) Christmas Tree Sales: Only permitted in non-residential zoning
districts for a period not to exceed 45 days.
3) Contractor's Office and Construction Equipment Shed: Permitted in
any district where use in incidental to a construction project.
The office or shed shall not contain sleeping or cooking
accommodations, and shall be removed upon completion of the
construction project.
4) Seasonal Sales of Farm Produce: Sale areas shall be setback a
minimum of 20 feet from any right-of-way.
5) Public Gatherings (Concerts, religious meetings, tent meeting) :
The organizers of such events shall present a traffic control and
parking plan that has been approved by the Police Department and
58 - November 27, 1991
the City Traffic Engineer. The site shall be cleared of debris at
the end of the event and all temporary structures removed within 20
days after the close of the event.
61.116 Certificate of Zoning Compliance: A document issued by the Zoning
Administrator permitting the occupancy of a Type III use in a building
or on a parcel of land to commence, based upon a finding that the
development is consistent with the terms of the zoning certificate
authorizing the development. The Zoning Administrator may approve a
conditional certificate of zoning occupancy where conditions beyond the
control of the applicant exist which will not permit total completion
of the development for a specified period of time.
61.120 HOUSING CERTIFICATE: A document issued by the zoning administrator
pursuant to Section 38.05 of the Rochester Code of Ordinances
establishing that a rental unit meets all the provisions and
requirement of the zoning ordinance. A housing certificate shall be
issued before the City of Rochester Building and Safety Department
approves a registration certificate allowing an owner or operator to
let for occupancy to another individual any habitable unit.
61.121 Procedure: All housing certificates shall be processed under the Type
I review procedure outlined in Section 60.510.
61.122 Submission Criteria: Appendix B outlines the information that is to be
submitted with an application for a housing certificate.
61.123 Criteria for Issuance of a Housing Certificate: It shall be the duty
of the zoning administrator to issue the housing certificate if he is
satisfied that the requirements of the zoning ordinance have been met.
61.130 SIGN PERMIT: A document issued by the zoning administrator which
permits the erection, alteration or replacement of any sign. Temporary
signs do not require a sign permit but must comply with any applicable
regulations herein.
61.131 When a Sign Permit is Required: No person, corporation, organization,
or institution shall be permitted to erect, alter, or replace a sign
without first attaining a permit therefore. No sign shall hereafter be
erected, altered or replaced within the municipal limits of the City of
Rochester, Minnesota, by any individual until a sign permit has been
issued by the zoning administrator which shall be affixed to the lower
right hand corner of each sign.
61.132 Procedure: All sign permits shall be processed under the Type I review
procedure outlined in subsection 60.510.
61.133 Submission Criteria: The submission criteria for a sign permit are
listed in Appendix B.
61.134 Criteria for Issuance of a Sign Permit: The Zoning Administrator shall
issue a sign permit if he is satisfied the proposed sign meets the
requirements of the ordinance, particularly Section 63.220.
61.140 CONDITIONAL USE PERMIT: A document authorizing an applicant to proceed
with application for zoning certificate approval where the development
involves a use which, because of its potential impact, has been
identified as a use requiring review through the Type II or Type III
procedure. The intent of the Conditional Use Permit is to provide for
the review of such use so that the community is assured it is
compatible with its location and surrounding land uses.
61.141 When a Conditional Use is Required: A Conditional Use Permit shall be
required for any use identified in the Zoning District Tables contained
in Chapter 62 as a Type II or Type III Use. Issuances of a Conditional
59 _ November 27, 1991
Use Permit is required as a precondition to the issuance of a zoning
certificate for any development involving a Type II or Type III Use.
61.142 Procedures: Uses identified in the zoning district tables as Type II
uses are reviewed under the Typo II Review Procedures. Uses identified
as Type III are reviewed under the Type III Review Procedure with a
Phase I hearing process utilized. The designated hearing body shall be
the Planning Commission.
61.143 Notifications Notices of proposed action required under the Type II
procedure shall be sent to all owners within 200 feet of the boundaries
of the property under consideration for conditional use approval.
Notice of public hearing required under a Type III procedure shall be
sent to all property owners within 350 feet of the boundaries of the
property under consideration.
61.144 Submission Criteria: Appendix B outlines the information that is to be
submitted with an application for a Type II or Type III Conditional Use
Permit.
61.145 Matters Under Consideration: The review of a conditional use is
necessary to insure that it will not be of detriment to and is designed
to be compatible with land uses and the area surrounding its location;
and that it is consistent with the objectives and purposes of this
ordinance and the comprehensive plan.
61.146 Standards for Conditional Uses: The zoning administrator, Commission,
or Council shall approve a development permit authorizing a conditional
use unless one or more of the following findings with respect to the
proposed development is made:
1) provisions for vehicular loading, unloading, parking and for
vehicular and pedestrian circulation on the site and onto adjacent
public streets and ways will create hazards to safety, or will
impose a significant burden upon public facilities.
2) The intensity, location, operation, or height of proposed buildings
and structures will be detrimental to other private development in
the neighborhood or will impose undue burdens on the sewers,
sanitary and storm drains, wateror similar public facilities.
3) The provision for on-site bufferyards and landscaping does not
provide adequate protection to neighboring properties from
detrimental features of the development.
4) The site plan fails to provide for the soil erosion and drainage
problems that may be created by the development.
5) The provisions for exterior lighting create undue hazards to
motorists travelling on adjacent public streets or are inadequate
for the safety of occupants or users of the site or such provisions
damage the value and diminish the usability of adjacent properties.
6) The proposed development will create undue fire safety hazards by
not providing adequate access to the site, or to the buildings on
the site, for emergency vehicles.
7) In cases where a Phase I plan has been approved, there is a
substantial change in the Phase II site plan from the approved
Phase I site plan, such that the revised plans will not meet the
standards provided by this paragraph.
8) The proposed conditional use does not comply with all the standards
applying to permitted uses within the underlying zoning district,
or with standards specifically applicable to the type of
60 - November 27, 1991
conditional use under consideration, or with specific ordinance
standards dealing with matters such as signs which are part of the
proposed development, and a variance to allow such deviation has
not been secured by the applicant.
61.147 Conditions on Approval: In considering an application for a
development permit to allow a Conditional Use, the designated hearing
body shall consider and may impose modifications or conditions to the
extent that such modifications or conditions are necessary to insure
compliance with the criteria of paragraph 61.146.
61.148 Staff Authorized Changes to Approved Conditional Use Permits: It is
the intent to permit the zoning administrator to authorize minor,
routine changes to approved conditional use permits if necessitated by
engineering factors, changing economic conditions, or other
circumstances unforeseen at the time the plan was approved. Such
changes may include modification in building locations, building
height, the amount of floor area, exterior facades, landscaping
materials and placement, the design of public facilities, lot coverage,
and the addition, deletion or change of accessory structures or uses,
including mailboxes, storage areas and signs.
In making a determination to approve a change, the zoning administrator
shall find that the proposed change will not adversely impact any
adjacent property, will not result in the project exceeding any
ordinance standards, and will not result in:
1) A change in use of the property, or, in the case of residential
development, an increase in the number of approved dwelling units;
2) An increase in the floor area ratio which will result in more than
ten (10%) percent increase in building coverage on the lot;
3) Creation of potential problems associated with traffic circulation
on-site and at access points;
4) Potential problems in the provision of public facilities and
utilities;
5) A reduction in off-street parking and loading spaces, unless
accompanied by concurrent reduction in dwelling units or (in the
case of non-residential development) floor area;
6) A change in building locations which would result in distance
separations between structures in the development and on adjacent
lots to fall below the normal separation that would be required
under conventional zoning.
All changes other than those listed above shall be subject to approval
by the same type procedure by which the original approval was obtained.
61 - November 27, 1991
61.200 SUBDIVISION ACTIVITIES: The requirements of this section identify
approvals which will be required to authorize any subdivision activity.
61.210 GENERAL DEVELOPMENT PLAN: A document which, through the use of site
plans and/or written materials, serves as a guide to the future lot,
street and drainage patterns established for a site in the platting
process. It is the intent of the general development plan requirement
to insure that a landowner investigates the broad effects development
of property will have not only on the site itself, but on adjacent
properties and the public infrastructure system also.
61.211 When a General Development Plan is Required: Approval of a general
development plan shall be required for any site where the eventual
platting of the property involves approval of a Type III land
subdivision permit. No Type III land subdivision permit shall be
approved until a general development plan for the property has been
approved.
1) A general development plan shall not be required for any portion of
an area for which a general development plan has previously been
approved by the Council, or where the zoning administrator
determines that new proposed streets need not continue beyond the
land to be subdivided in order to complete an appropriate street
system or to provide access to adjacent property.
2) The Council shall have the authority to initiate a general
development plan for an area for which there is no proposal for
subdivision, providing the general development plan is given
consideration under the Type III procedure.
61.212 General Development Plan Procedure: All general development plans
shall be processed through the Type III Review procedure under a Phase
III hearing process. A general development plan may be approved by
motion of the Council.
61.213 Notification Requirements: Notices for the required public hearing
shall be sent to all property owners within 350 feet of the area
covered by the proposed general development plan.
61.214 Submission Criteria: Appendix B outlines the information that is to be
submitted with an application for approval of a General Development
Plan. The plan should show the pattern of future streets and identify
possible off-site drainage problems affecting other tracts within 200
feet surrounding and adjacent to the proposed land subdivision, but it
need not encompass more than the most relevant 80 acres of such outside
tracts.
61.215 Criteria for Approval of a General Development Plan: In approving a
general development plan, the Council shall find that:
1) The proposed land uses are generally in accord with the adopted
Land Use Plan and zoning map, or that the means for reconciling any
differences have been addressed.
2) The proposed street pattern is appropriate to serve the properties
under consideration and will provide access to adjoining land in a
manner that will allow development of those adjoining lands in
accord with this ordinance.
3) The proposed plan makes provisions for planned capital improvements
and streets reflected in the City of Rochester's current Capital
Improvement Program and the Currently Held Valid Thoroughfare Plan.
- 62 - November 27, 1991
4) Utilities are now available to serve the area, or that the City of
Rochester is planning for the eventual extension of utilities to
serve the area.
5) The drainage, erosion, and construction problems in the area can
be handled through normal engineering and construction practices,
or that, at the time of land subdivision, a more detailed
investigation of these matters is needed to solve unusual problems
that have been identified.
6) The lot, block, and street layout is consistent with the
subdivision design principles contained in article 64.100.
61.216 Recording and Filing of a General Development Plan: Upon final
approval, a general development plan shall be made a matter of record
as follows:
1) The criteria for approval by the City Council shall be noted in
their official minutes;
2) The approved plan shall be indexed and filed by the zoning
administrator in the office of the Consolidated Planning
Department.
61.217 City Initiated Revision: A change to an approved general development
plan may be initiated by the Commission or Council after submission of
the proposed revision to the affected property owners for consideration
and comment. The Council shall not approve any city initiated
amendments to approve general development plans until the affected
parties have had 20 days to review the proposed changes.
61.220 LAND SUBDIVISION PERMIT: A land subdivision permit is the initial
document authorizing the creation of a subdivision. It is recognized
as the preliminary plan under state law. For Type I subdivision, it
will be the only approval required to permit the subdivision of land;
for Type II and Type III subdivisions, final plat approval under the
requirements of Section 61.230 will also be required before subdivision
activity can proceed.
61.221 When a Land Subdivision Permit is Required: A land subdivision permit
shall be required before the subdivision (as defined) of a parcel can
occur, except where the subdivision is exempted from regulation by
Minnesota State Statute 468. A subdivision in which all proposed lots.
front on a platted or dedicated street right-of-way and no major
changes to the right of way are proposed may be exempted from the
requirements of this paragraph by the zoning administrator.
61.222 Procedure Type: All applications for a land subdivision permit shall
be processed through either a Type I, II, or III review procedure
according to the following requirements:
1) Type I Land Subdivisions: These land subdivisions may be processed
through a Type I review procedure:
a) The rearrangement of existing lot lines, when either part of a
platted lot or an unplatted parcel. The need for general
utility easements, drainage easements or street easements
shall be resolved prior to the approval of the subdivision;
b) The resubdivision and rearrangement of a single parcel or
group of parcels so as to create no more than one additional
lot or parcel, where the dedication of a street easement
necessary to provide access is not involved.
Where street right-of-way providing access is already existing,
but additional right-of-way is needed for improvements such as
63 - November 27, 1991
interchanges, turn lanes or acceleration lanes, the application
shall be referred to the City Council for action by resolution.
This review shall be scheduled by the zoning administrator at
the next regularly scheduled Council meeting and need not be a
hearing.
2) Type II Land Subdivision: These land subdivisions may be processed
through a Type II review procedure:
a) The division of any land that will result in creation of up to
five lots, provided the dedication of street easements is not
involved. For the purposes of conformance with the state law,
the Type II procedure shall constitute the preliminary
approval.
3) Type III Land Subdivision: All land subdivisions that are not
exempted by state statute or previously described under the Type I
or II procedures shall be processed under the Phase II of the Type
III review procedure, with the Phase II hearing process utilized.
The Commission is the designated hearing body.
61.223 Notices: Notice of proposed action required by the Type II procedure
shall be sent to all owners whose property directly abuts the property
under consideration, or who are separated from it by only a street,
alley, railroad right-of-way, walkway, or public body of water.
Notice of public hearing required under the Type III procedure shall be
sent to all property owners within 350 feet of the boundaries of the
property under consideration.
61.224 Submission Criteria: Appendix B outlines the information that is to be
submitted with an application for any type of land subdivision permit.
61.225 Matters Under Consideration: The review of land subdivision is
necessary to ensure that the following matters are reviewed and
considered before the creation of new lots, parcels or tracts occurs:
1) That the proposed land subdivision will not adversely affect
adjacent properties;
2) That the proposed land subdivision is designed in such a manner as
to allow for continued development in an efficient matter on
adjacent undeveloped lands;
3) That the basic public utilities can be provided to the lots or
tracts within the land subdivision and the design of the utilities
will not impede or impair the ability of the City to provide
utilities to the area now or in the future;
4) That the proposed streets provide a safe means of passage and
assurances are provided that they will be improved to standards;
5) That the soils, topography and water tables have been adequately
studied to ensure that all lots are developable except for lots
designated as unbuildable;
6) That the proposed land subdivision is in keeping with the policies
of the Rochester Urban Service Area Land Use Plan and the purposes
of this ordinance.
j7) That any land located within Zone A as shown on the currently
adopted Flood Boundary and Floodway Maps of the Flood Insurance
Study, Rochester, Minnesota, prepared by the Federal Emergency
Management Agency, is not determined to be unsuitable for its
intended use by reason of flooding, inadequate drainage, soil and
rock formations with severe limitations for development, severe
64 - November 27, 1991
erosion potential, or any other floodplain related feature harmful
to health, safety or welfare of the future residents of the
proposed subdivision.
61.226 Findings For Land Subdivision: The zoning administrator, Commission
or Council shall approve a development permit authorizing a land
subdivision unless one or more of the following findings with respect
to the proposed development is made:
1) The proposed land subdivision does not conform with all relevant
requirements of this ordinance and variances have not been granted
to permit the nonconformance.
2) That the proposed water system and sanitary sewer system are not
adequate to serve the development or provide for the efficient and
timely extension to serve future development.
3) That the plan for soil erosion and stormwater drainage control does
not meet the established standards of the City of Rochester.
4) That the vehicular and pedestrian system fails to take into account
the Thoroughfare Plan, or has design elements which could result in
unsafe conditions, or is in conflict with the street layout
policies listed in Paragraph 64.120.
5) That the ,lot and block layout creates significant problems for
vehicular, service or emergency access, for providing utility
service connections, or are of ouch size and shape as to result in
lots with inadequate buildable areas.
6) That the proposed land subdivision has not taken into account the
current Capital Improvements Program and the elements listed
therein in the design of the subdivision.
7) That the applicant has not provided assurances to show that a
proposed subdivision which, includes lands within floodplain areas
regulated under Section 62.800 of this ordinance will be developed
in such a manner so as to be consistent with the intent of those
regulations.
8) That the proposed subdivision, if in a residential zoning district,
fails to address the need for spillover parking consistent with the
requirements of paragraph 63.426.
9) That right-of-ways and easements of adequate size and dimension are
not provided for the purpose of constructing the street, utility,
and drainage facilities needed to serve the development.
10) The proposed subdivision fails to provide the appropriate land
determined by the Council necessary to satisfy the requirements of
the parkland dedication requirements.
61.227 Conditions on Approvals: In considering an application for a
development permit to allow a land subdivision, the approving body
shall consider and may impose modifications or conditions to the extent
that such modifications or conditions are necessary to insure
compliance with the criteria of paragraph 61.225
61.228 Changes to Approved Plans: Minor changes to the lot and block
pattern, street alignment and drainage facilities or proposed utilities
plans, may be made by the applicant on the application for final plat
approval when the zoning administrator, in consultation with the City
Engineer and other necessary referral agencies, determines that the
changes will:
65 - November 27, 1991
1) not materially alter the character of the approved Type II or Type
III application;
2) not interfere with the intent and purposes of this ordinance; and
3) not create undue burden or effects on adjacent properties.
61.229 An approved land subdivision permit shall permit a landowner to proceed
to a final plat any time within a three (3) year period. The Council
may approve a staging plan extending the effective period of the land
subdivision permit up to six (6) years where it is the intent of the
landowners to proceed to final plats covering only a portion of the
site at any one time. Beyond three (3) years or, in the case of staged
development, six (6) years, the applicant shall resubmit the land
subdivision permit to the Zoning Administrator for review by staff and
the referral agencies to insure that the application still is in
compliance with this ordinance and any requirements of other agencies.
After the expiration of one year following approval of a land
subdivision permit, changes to the final plat may be required where a
change in the comprehensive plan or implementing regulations has
occurred which affect compliance of the application with the ordinance.
The applicant may make the necessary changes and then proceed to a
final plat, or he may choose to resubmit the land subdivision permit
for review through the normal permit review process.
61.230 FINAL PLATS: There shall be a final plat for each subdivision which
received preliminary approval through either a,Type II or Type III land
subdivision or site planning permit process, unless the zoning
administrator has waived the requirement for a preliminary plan.
61.231 Application for Final Plat: The following materials shall be submitted
by the applicant at least three weeks prior to the Council meeting at
which the applicant wishes to have the matter considered:
1) two copies of a final plat application on the appropriate form
provided by the zoning administrator;
2) six (6) full size copies of the final plat on black or blue line
prints and a reduced size copy of the plat on 8 1/2" x 11" or 8
1/2" x 14" paper;
3) two copies of a title opinion prepared by an attorney identifying
the owners and persons of record having an interest in the property
being subdivided;
4) two copies of existing or proposed private deed restrictions, if
any;
5) an application fee as required in paragraph 60.175 of this
ordinance. A new application fee shall be submitted if the final
plat has been tabled at the request of the applicant for over one
year from the original date of submittal;
6) if a design modification request is accompanying the final plat,
the application form, processing fee and documentation supporting
such a request.
61.232 Submittal of Final Plat Documents: The following materials shall be
submitted three days prior to the City Council meeting at which the
final plat application will be considered:
1) One original mylar, and four mylar copies, of the final plat, each
of which shall contain all of the certifications, signatures
(except that of the City Clerk and County Recorder), and
- 66 - November 27, 1991
acknowledgments required to file and record the same in the office
of the County Recorder. If the boundary of the final plat is not
coincident with the boundaries of an existing lot of record, then a
legal description of the remnant unplatted parcel created by the
recording of the final plat must be provided.
2) Except for the signature of the City Clerk, the final plat shall be
in recordable form and shall include the fee to be charged for
filing and recording the plat in the office of the County Recorder
and a statement from the County Recorder indicating the amount of
such fee.
61.233 Information to be Included on the Final Plat: Final plats shall be
prepared in accordance with the provisions of this section and the laws
of the State of Minnesota. Appendix B contains a list of the
information to be included on final plats.
61.234 Procedure: A Final Plat shall be processed through the Type III Review
Procedure, with the Phase I Hearing Process utilized. The Council
shall be designated review body for the Phase I Hearing.
61.235 Notification: Notification shall be sent to all owners of land with
property located wholly or partly within 200 feet of the property under
consideration.
61.236 Acceptance of Final Plat Application: In addition to the requirements
of Paragraph 60.505, the Zoning Administrator may find the application
incomplete if 1) any of the information required for Final Plats in
paragraph 62.231 or Appendix B is not provided; 2) the final plat does
not conform to the conditions attached to approval of the land
subdivision permit; or 3) the plat is in conflict with the provisions
of the ordinance and no variance or design modification has been
approved or filed.
61.237 Action to Final Plats: Following completion of Phase I Hearing
Process, the Council shall, by resolution, within sixty (60) days of
the date of acceptance of the application, either approve or disapprove
the final plat. The reasons for disapproval shall be recorded in the
minutes of the Common Council and reported to the applicant and the
zoning administrator by the City Clerk. No final plat shall be
approved by the Council until satisfactory evidence is filed with the
City that all past taxes have been paid in full, that the final plat is
in a form acceptable for recording at the Office of the County
Recorder, and until there is deposited with the City the amount of the
filing fee to be charged for such recording.
61.238 Recording a Final Plat: Upon approval by the City Council, the City
Clerk shall record the final plat in the office of the County Recorder
as provided by law.
61.300 SITE PLANNING PERMIT: In all districts, a site planning permit may be
used to consolidate into a single procedure the review of any
development proposal which would require approval of two or more
permits and/or certificates prior to being given authorization to
proceed.
61.301 Procedure for Site Planning Permits:
1) The following matters may be reviewed concurrently in a site
planning permit under the Type III review procedure, with a Phase
II hearing process utilized.
a) review of proposed provisional or permanent zoning districts;
b) general development plans;
67 _ November 27, 1991
c) questions of Land Use Plan conformance that are to be decided
by the Council after review;
d) review and approval of a land subdivision permit;
2) The following matters may be reviewed concurrently in a site
planning permit under the Type III review procedure with a Phase I
hearing process. The Commission is the designated hearing body.
a) any Type II or Type III Conditional Use permit and;
b) a request for a variance.
61.302 Notification Requirements: Notification for a public hearing shall be
sent to all owners of property located wholly or partly within 350' of
the exterior boundary of the property under consideration.
61.303 Submission Criteria: To determine the applicable submission criteria
refer to those sections of the ordinance which deal specifically with
component parts of the site planning permit under consideration.
61.304 Matters Under Consideration and Finding for Approval: The review of
various types of permits or certificates as part of. a site planning
application shall be subject to the same criteria and findings listed
elsewhere in the ordinance that apply to each matter individually.
61.305 Conditions on Approvals: In considering an application for a site
planning permit, the approving body shall consider and may impose
certain modifications or conditions concerning the development
features, to the extent that such modifications or conditions are
necessary to insure compliance with the standards and criteria of this
ordinance. The conditions shall be tied to the component parts of the
application and the limitations on the placement of conditions shall be
subject to the same criteria listed elsewhere that apply to each matter
individually.
61.306 Changes to Approved Development Permits for Site Planning Projects:
Changes to any component part of a site planning project shall be
subject to the regulations in this ordinance that would apply if that
component part, be it a Conditional Use, Land Subdivision, Variance,
General Development Plan, or Boundary Revision, were being processed
separately.
If an application consists of changes to two or more of the component
parts listed above, the changes may be processed as a new site planning
permit application. The procedure type used would be the highest type
procedure applicable to any of the component parts.
68 - November 27, 1991
61.400 PERFORMANCE DISTRICT PROCEDURES: In the Developing District and
Central Development Core certain procedures will apply to development
requests due to the special nature of the regulations in those
districts, as identified in the following paragraphs.
61.410 DEVELOPING DISTRICT: In the Developing District, the initial
development on a tract of land shall be required to obtain approval of
a site planning permit through the Type III procedure prior to issuance
of any zoning certificates. Exceptions to this requirement are:
1) A development consisting of only a one or two family dwelling or
which is related to a farming operation may be processed as a Type
I Zoning Certificate.
2) A development involving only Type I or Type II Permitted uses, or a
Type I or Type II Land Subdivision Permit, where the development
conforms to the Land Use Plan, may be processed as a Type II Site
Planning Permit. Such development shall be restricted to a single
use type with no more than three principal structures utilizing a
combined land area of less than two (2) acres, with no new streets
or right-of-ways needed to provided access to adjacent sites.
Such development shall be consistent with any approved General
Development Plans for the area and the Thoroughfare Plan.
61.420 CENTRAL DEVELOPMENT CORE: In the Central Development Core, the zoning
administrator will need to determine whether a proposed development
conforms to the Land Use Plan prior to the issuance of any zoning
certificate authorizing a development to proceed. Land Use Plan
conformance shall be established through the steps identified in
Section 61.510 of the ordinance.
69 _ November 27, 1991
61.500 ACCESSORY REPORTS: Certain additional determinations or reports will
be required from time to time in the administration of this ordinance.
This section identifies those requirements.
61.510 DETERMINATION OF LAND USE PLAN CONFORMANCE: All development occurring
in Performance Districts shall be tested for Land Use Plan conformance
as provided for in this section. Certain types of transitional
development, as identified in Section 62..735 of the ordinance, shall
also be subject to testing for land use plan conformance.
61.511 Procedure: The zoning administrator shall be responsible for
determining Land Use Plan conformance. The determination shall be made
during the review of certificate or permit application for completeness
as provided for in paragraph 60.505. This applies to all applications,
whether they are to be processed under a Type I, II, or III procedure.
In the case of a negative determination, the zoning administrator shall
notify the applicant, as provided for in paragraph 60.507. The
determination shall include the findings made, the method of appeal,
and other options that the applicant has in pursuit of the matter.
61.512 Appeals: In the case of a negative determination on an application
that would been have processed under a Type I or Type II procedure, the
applicant can appeal the decision as provided for in Article 60.700.
In the case of a negative determination on an application that would
have been processed under a Type III procedure, the applicant has the
option of either appealing the determination separately as provided for
in Article 60.700, or the applicant can notify the zoning administrator
in writing that he would like to have the question of Land Use Plan
conformance addressed as part of the Type III review procedure. If the
applicant chooses this option, the approval body shall be bound to make
the findings required in paragraph 61.514 in determining if the use is
in conformance with the Land Use Plan.
61.513 If a certificate or permit application involves a question regarding
Land Use Plan conformance, the following information shall be included
as part of the development permit application:
1) A map identifying all existing uses on the property under
consideration and all properties wholly or partially within 150
feet of the boundaries of the property under consideration.
2) Information clearly establishing the nature of the proposed use for
the property under consideration.
3) A written summary of the facts that, in the estimation of the
applicant would support a positive determination of Land Use Plan
conformance; including reference to applicable parts of the Land
Use Plan text which outlines the criteria and policies on which
this conclusion is based.
61.514 In reviewing an application for conformance with the Land Use Plan, the
zoning administrator shall make a positive determination if the
following findings are made:
1) That the proposed use or zoning is of a type that would be
compatible with the type of use indicated in the Plan for the area
under consideration, taking into account the locational criteria,
neighborhood analysis, applicable area wide issues, and the
purposes and policies set forth in the Land Use Plan.
2) That the proposed use or zoning will not be detrimental to the
general interests of the community and will not significantly
interfere with the enjoyment of other land in the vicinity.
70 - November 27, 1991
3) That the proposed use or zoning does not raise questions with
policy implications that properly should be addressed by the
Commission and Council and which could result in a change of Land
Use Plan policy.
4) That existing or planned public infrastructure are adequate to
serve the type of land use contemplated.
5) That the physical characteristics and features of the site are not
of a nature so unique and of possible benefit to the community that
a different type of land use should be contemplated for the site.
61.520 TRAFFIC IMPACT REPORT: For certain developments the right of way
analysis described in paragraph 64.230 may not be required or it may
not be in sufficient detail to identify and analyze the potential
traffic impacts that will be created by a project. Particularly in
regards to the effects created by new access points, there may be a
need to study how movements in and out of the site will be handled
where the level of anticipated traffic is such that normal traffic
control measures are not adequate.
61.521 Purpose: The purpose of the Traffic Impact Report is to identify the
Impacts and effects on level of service which are likely to be created
by a potential development and to identify what improvements are needed
to 1) to insure safe ingress to an egress from a site; 2) to maintain
adequate street capacity on public streets adjacent to the development;
and 3) to eliminate hazardous conditions.
61.522 Applicability: A Traffic Impact Report (TIR) shall be required for any
Land Subdivision Permit, Conditional Use Permit, Zoning Certificate,
General Development Plan or Site Planning Permit where the proposed
development is:
1) Of a land use type which has an average trip generation rate of 125
trips per acre per day or greater, according to most current
versions of the ITE Trip Generation Informational Report or
comparable research data published by a public agency or
institution, and which will generate, based on the size of the
development, a minimum of 750 total trips, and which will take
direct access to a collector, arterial, expressway or freeway;
2) Designed so as to concentrate 1,500 or more trip per day through a
single access point.
3) For residential developments, a TIR will only be required when a
development is designed so as to concentrate 1,500 or more trips
per day through a single access point.
The requirement for a TIR may be waived by the Traffic Engineer of the
applicable road authority when it is determined that such report is not
necessary to determine needed road improvements or that no unsafe or
hazardous conditions will be created by the development as proposed.
Developments in the Central Development Core District which are not
required to provide on-site off-street parking are exempt from the
requirements of this section.
The TIR may be prepared by the applicant and submitted for review with
the development application, or the applicant may choose to have the
Zoning Administrator prepare a report once the development application
is submitted. Where the applicant chooses to have the Zoning
Administrator prepare the report, the time frame for the Zoning
Administrator to render a decision in the Type I or Type II Review
Procedure, or to prepare a report for the designated hearing body in
the Type III Review Procedure, shall be extended by 45 days to permit
time to prepare the report. The applicant shall•be responsible for the
71 - November 27, 1991
costs of preparation incurred by the Zoning Administrator, as
identified in paragraph 60.175.
61.523 Maintenance of Service Levels: The TIR shall attempt to identify those
Improvement that will be needed to maintain a Level of Service C on any
arterial or higher order street, or a Level of Service D on any other
non-residential street, or an average ADT on residential street that is
within the ranges spelled out in the Thoroughfare Plan for the class of
street involved. Where the existing Level of Service is below these
standards, the traffic impact report shall attempt to identify those
improvements needed to maintain the existing level of service, and what
additional improvements would be needed to raise the level of service
to the standards indicated.
61.524 Contents: Where a traffic impact report will be prepared by the
applicant, the traffic engineer(s) of the applicable road authority
should be consulted to establish the study area and study parameters
(including such items as which specific intersections or operational
problems to address, the peak hour(s) to be studied and the applicable
design standards, etc.) and to review what information is available to
the analyst to assist in the study. As a general guide, the analysis
should include those roadways on which at least five percent (5%) of
existing peak hour capacity at an intersection approach will be
composed of trips predicted to be generated by the development. At a
minimum, intersections adjacent to the site should be analyzed.
The TIR shall be prepared by a qualified individual practicing in the
field of transportation planning or engineering, and shall contain the
following elements:
1) A description of the proposed development, including a site plan,
staging plans and an indication of land use intensity, with
particular attention on the circulation system within the
development and modifications proposed to adjacent roadways serving
the development.
2) A summary of the data utilized in the study, including such items
as traffic count and turning movement information, design
configurations of existing or proposed roadways, etc.
3) Establish the Level of Service for existing roadways and
intersections (without project development traffic) to be studied
using methods documented in the Special Report 209: Highway
Capacity Manual, published by the Transportation Research Board, or
comparable accepted methods of evaluation.
4) For phased or multi-year development project, project the future
peak hour traffic situation for key intersections/roadways without
considering impact of project development. This will involve
identification of traffic growth, planned roadway imporovements,
and calculation of future Leve of Service.
5) Project amount and distribution of the anticipated peak hour
traffic from the development under consideration. This involves
development of trip generation data for the site, analysis of the
distribution of these trips throughout the region, and assignment
of trips to roadways in vicinity of development site.
6) Combine base year background traffic data developed in step 3 with
project traffic developed in step 5 to achieve total peak hour base
year traffic. For phased or multi-year developments, combine
traffic generated by completed development with future background
traffic developed in step 4 to achieve total peak hour future year
traffic.
72 - November 27, 1991
7) Establish the Level of Service for roadways and intersections
within the study area for the base year and, if applicable, future
year, scenarios developed in step 6 using methods documented in the
Special Report 209: Highway Capacity Manual, published by the
Transportation Research Board, or comparable accepted methods of
evaluation.
8) Identify changes in Level of Service resulting from completion of
the development project; identify and evaluate alternative
solutions to achieve acceptable Levels of Service for roadways or
intersections under study, and document preferred solution.
61.525 Review Process: Following preparation of the TIR, copies of the study
report shall be submitted to the Zoning Administrator for distribution
to staff of the roadway jurisdictions involved in construction and
maintenance of public roadways serving the development. A conference
between the staff and applicant shall be held within 10 days to discuss
the findings and determine the need for any supplemental study or
analysis. If both parties agree that the technical analysis is
adequate, the report shall be forwarded to the Council at their next
regular meeting. Negotiations with the Council, if needed, shall be
held, and an agreement reached detailing the applicant's
responsibilities, the Road Authority's responsibilities, and what, if
any, improvements may be assessed against other benefitted properties.
61.530 SITE CAPACITY CALCULATION: Site capacity for any proposed development
is equal to the net buildable area of the site multiplied by the
density factor (in the case of residential uses) or by the floor area
ratio (in the case of non-residential uses). The site capacity
calculation provides the mechanism by which the total site area is
adjusted to account for characteristics which act as a constraint on
development potential. The result is to determine the extent to which
a site may be utilized given it unique physical characteristics.
61.531 Site Capacity Calculation Required: The site capacity calculation
shall be completed for every type of development involving the erection
of or addition to a building to determine the allowable amount of
dwelling unit density (for residential use) or square footage of floor
area (for all other uses) . The calculation need not be completed for
any residential use type controlled by a lot size standard.
61.532 Site Capacity Calculation Procedure: The following procedure is used
to calculate the site capacity.
1) Determine the Base Site Area:
a) Start with the gross site area as determined by actual on-site
survey.
b) Subtract site area devoted to planned or existing right-of-way
of arterials or higher order streets and required easements of
access.
c) Subtract land which is not contiguous:
1) A separate parcel which does not abut, adjoin, or share
common boundaries with the rest of the development.
2) Land which is cut off from the main parcel by features such
as a railroad, other existing land uses, or a major stream,
such that common use is hindered.
d) Subtract lands which were reserved to satisfy requirements for
storm water detention, usable recreation space or other open
space use in a previously approved subdivision that has been
partially or completely developed.
73 _ November 27, 1991
e) Whenever a site contains land that is designated in more than
two zoning districts, and the proposed development does not
propose the integrated development of the site under the mixed
use provisions of the ordinance, the area zoned for non-
residential purposes shall be subtracted to determine the area
available for residential use. (In the case of determining the
area available for non-residential use, subtract the area
devoted to residential uses. )
f) Equals base site area.
2) Determine the Amount of Resource Protection Land (All Land Uses) :
All land area consisting of the natural resources or natural
features listed below shall be measured. The total acreage of eac-
resource shall be multiplied by its respective open space ratio to
determine the amount of resource protection land. The resource
protection ratio for lands exhibiting more than one characteristic
shall be the highest single ratio applicable and not the sum of the
ratios. The sum total of all resource protection land on the site
equals TOTAL RESOURCE PROTECTION LAND.
RESOURCE PROTECTION LANDS
Resource/Natural Resource Acres of Resource Protection Land
Feature (All Protection Land in (Acres in Resource x
Districts) Area Ratio Resource Resource Protection Area
Ratio)
Lakes, ponds, or
water courses 1.00
Wetlands .90
Drainageways .20
Floodway .60
Moderate Slopes (22-30%) .20
Steep Slopes (30% or
Greater) .80
TOTAL LAND IN RESOURCE
TOTAL RESOURCE PROTECTION LAND =
3) Determination of Site Capacity / Permitted Amount of Building: The
site capacity for:
a) Residential density is determined by calculating the NET
BUILDABLE AREA and multiplying this number by the density
factor permitted in the applicable zoning district. The
calculation is as follows:
TAKE BASE SITE AREA = acres'
SUBTRACT TOTAL RESOURCE PROTECTION LAND - acres '
EQUALS NET BUILDABLE AREA = acres
MULTIPLY BY DISTRICT DENSITY FACTOR x u/a
EQUALS NUMBER OF DWELLING UNITS = units
b) The permitted floor area for other uses is determined by
calculating the NET BUILDABLE AREA, (adjusted to a square
footage figure) and then multiplying this number by the floor
area ratio permitted in the applicable zoning district. The
calculation is as follows:
- 74 -
TAKE BASE SITE AREA acres
SUBTRACT TOTAL RESOURCE PROTECTION LAND - acres
EQUALS NET BUILDABLE AREA = acres
MULTIPLY BY 43,560 x 43,560
EQUALS NET BUILDABLE AREA IN SQ. FT. sq ft
MULTIPLY BY DISTRICT FLOOR AREA RATIO x
EQUALS PERMITTED FLOOR AREA IN SQ FT sq ft
61.533 The net density or floor area achieved through the Type I process by
using the Site Capacity Calculations may be increased through the
preservation of certain natural features in the development. The
zoning administrator shall make a finding during the review process
that the design features justifying the proposed intensity increase
have been provided in the development plan. In the case of undisturbed
slopes or woodland preservation offered to increase the site capacity
calculation, the subject areas must be protected, preserved, and
maintained by the owner(s) of the property the same as a contractual
obligation and as a condition to approval of the permit authorizing the
development. The area to be left undisturbed on the site shall be
specifically identified on the plan and permit documents. The area to
be undisturbed on the site shall be clearly marked and identified in
the field prior to any development activity to insure that the subject
area will not be disturbed by persons involved in the construction
phase of the development. The maximum achievable intensity shall not
exceed the Type I density or floor area ratio factor for the applicable
zoning district. The applicable features are:
1) Steep Slopes (slopes greater than 30 percent) : The net density of
floor area may be increased by multiplying the net amount by the
percentage listed in the table below where steep slopes are left
undisturbed.
PERCENTAGE OF SITE IN PERMISSIBLE $ INCREASE
STEEP SLOPES IN NET INTENSITY
? % OR MORE 5% FOR EVERY 10% OF STEEP
SLOPE AREA LEFT UNDISTURBED
50% TO 70% 4% FOR EVERY 10% OF STEEP
SLOPE AREA LEFT UNDISTURBED
30% TO 50% 3% FOR EVERY 10% OF STEEP
SLOPE AREA LEFT UNDISTURBED
15% TO 30% 2% FOR EVERY 10% OF STEEP
SLOPE AREA LEFT UNDISTURBED
LESS THAN 15% 1% FOR EVERY 10% OF STEEP
SLOPE AREA LEFT UNDISTURBED
2) Moderate Slopes (Slopes of 22-30%): (The net density of floor area
may be increased by multiplying the net amount by the percentage
listed in the table below where moderate slopes are left
undisturbed. )
75 _ November 27, 1991
PERCENTAGE OF SITE IN PERMISSIBLE % INCREASE
MODERATE SLOPES IN NET INTENSITY
70% OR MORE 2.5% FOR EVERY 10% OF MODERATE
SLOPE AREA LEFT UNDISTURBED
50% TO 70% 2% FOR EVERY 10% OF MODERATE
SLOPE AREA LEFT UNDISTURBED
30% TO 50% 1.5% FOR EVERY 10% OF MODERATE
SLOPE AREA LEFT UNDISTURBED
15% TO 30% 1% FOR EVERY 10% OF MODERATE
SLOPE AREA LEFT UNDISTURBED
LESS THAN 15% 0.5% FOR EVERY 10% OF MODERATE
SLOPE AREA LEFT UNDISTURBED
3) Woodlands: The base density or floor area may be increased by an
amount calculated by multiplying the base amount by the percentage
of the site area left as undisturbed woodlands in the final
development plan.
4) Drainageways: Where an existing drainageway is improved for
utilization as an open channel for the conduction of stormwater
runoff the net density or floor area may be increased by a factor
of 5%.
61.540 ENVIRONMENTAL REVIEW: The current rules issued under the authority
granted in Minnesota Statutes Chapter 116D, implementing the
Environmental Policy Act, shall be followed in determining the need for
preparation of Environmental Review Program documents. Necessary
documents, such as Environmental Assessment Worksheets and
Environmental Impact Statements, shall be prepared and the review of
such documents completed prior to final local action by the City of
Rochester on any development related permit or process related to the
project.
61.550 DRAINAGE PLAN: A drainage plan shall be prepared to address the impact
a development will have on existing drainage facilities and to provide
a basis for designing the storm drainage system within the development.
61.551 Drainage Plan Required: A drainage plan shall accompany an application
for:
1) A General Development Plan or Site Planning Permit;
2) A Preliminary Plat of land for which no Drainage Plan has been
prepared;
3) The master plan of any multi-phase development requiring only
zoning certificate or conditional use approval.
61.552 Modifications: Modifications to an approved drainage plan may be
submitted along with a Land Subdivision Permit or the application for
approval of any phase of a multi-phase development.
61.553 Waiver: The requirement for a Drainage Plan may be waived by the City
Engineer where the system of drainage for an area has been defined by
development of surrounding property or where a plan for the entire
watershed has been prepared. In the case of the review of general
development plans, the Zoning Administrator upon agreement by the City
Engineer may allow a period of grace on the submittal of the required
drainage plan. If it will create problems, review of the general
development plan may be allowed to proceed prior to the drainage plan
- 76 - November 27, 1991
submittal, but the drainage plan should be provided before a final
decision is made to accept a General Development Plan.
61.554 Contents: Refer to the document Engineering Standards for Public Works
in Coniunction with the Development of Subdivision. Commercial and
Industrial Property to determine Drainage Plan requirements.
61.560 GRADING PLAN: A grading Plan shall be prepared to address the manner a
proposed development will satisfy the Site Alterations Policies of
Article 64.300 of the Ordinance.
61.561 Grading Plan Required: A grading plan shall be required:
1) As part of an application for a Final Plat;
2) As part of an application for a zoning certificate or conditional
use which involves a development which was not included in a
previously approved grading plan and will disturb over 10,000
square feet of area ;
3) When any land disturbing activity involving the excavation or fill
of earth material not associated with the development of a
structure or the use of land on a site exceeds an accumulative
total of 50 cubic yards of material and is left exposed for more
than 45 days.
61.562 Contents: Refer to part 50.01 (2) of the Rochester Code of Ordinance
(also referred to as Chapter 70 of the Uniform Building Code) for
identification of the information to be included in a grading plan.
61.563 Exemptions: The following activities are exempt from the grading plan
requirement:
1) Agricultural operations involved in crop production or in the
propagation and management of timber or landscape materials;
2) Activity necessary as an emergency measure for the safety or
protection of life or property.
61.570 SITE PREPARATION: Any zoning certificate application involving the
initial development of a structure on a lot (except those for which a
separate grading permit has been or will be completed) shall be
accompanied by a copy of that portion of the approved original or
revised subdivision grading plan for the lot under development and the
abutting lots, along with the information identifying the approximate
top of the foundation elevation, the curb elevation, the anticipated
drainage pattern away from the building and any special structures
proposed for use on the site (retaining walls, drains, etc. ) .
It shall be the joint responsibility of the builder and owner to insure
that final lot elevations will not interfere with planned drainage
patterns within the subdivision. Modifications to approved subdivision
drainage plans resulting from the development of individual lots shall
be approved by the City Engineer prior to the commencement of
development activity.
77 - November 27, 1991
Section 3. Chapter 62 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 62
ZONING DISTRICT REGULATIONS
62.100 The regulations of this chapter shall identify the uses allowed in each
district and the general standards that shall apply to the development
of specific uses within each district.
62.101 Uses may be categorized as either permitted uses or conditional uses
according the rules listed below in paragraph 62.112. In addition,
additional types of development beyond these may be permitted under the
regulations of Article 62.600 Incentive Development, and Article
62.700,. Restricted Development.
62.102 Permitted Uses and Conditional Uses shall meet the standards
established within the applicable zoning district regarding intensity
of building development and site design. The purpose of these
regulations is to insure a consistent character and intensity of
development within each district, thereby minimizing the adverse
impacts of adjacent land uses upon one another, and protection to the
general health, safety, and welfare. Where multiple districts apply on
a lot, the standards applicable to the majority of the area shall
apply.
62.103 General standards applicable to each use type are found in the zoning
district tables. The categories of standards are identified in
paragraphs 62.110 through 62.130.
62.110 DESCRIPTION OF GENERAL ZONING DISTRICT STANDARDS: The zoning district
tables contain requirements for the general zoning regulations
described in the paragraphs of this section.
62.111 List of Uses: Identifies those use categories which are either
permitted or conditional in the zoning district.
62.112 Use Type: Uses identified with a (I) are considered permitted uses; if
meeting all applicable standards, such uses may be processed as a
zoning certificate application through the Type I procedure. Uses
identified with a (II) or (III) are considered conditional uses which
must first obtain approval through the conditional use permit process
utilizing the Type II or III procedure respectively. Approved
conditional uses must obtain zoning certificate approval prior to the
commencement of any development activity as required by paragraph
62.111. Uses identified with a VAR (Variable) are classified as either
permitted uses or conditional uses within the detailed regulations of
this chapter.
62.113 Applicable Detailed Regulation: For certain uses, specific standards
above those imposed by the other sections of the ordinance are applied
to address impacts that the specific use may have which are unique for
that type of use.
62.114 Density Factor: Establishes the maximum density per acre for certain
residential use types. The density factor is applied to the net
buildable area of the lot, as determined by the site capacity
calculation (See Section 61.530) . The Density Factor without bonus
applies to permitted and conditional uses, while the Density Factor
with bonus applies to Incentive Development (See Article 62.600) .
62.115 Floor Area Ratio: Establishes the maximum ratio of floor area to net
buildable area on a zoning lot, as determined by the site capacity
calculation (See Section 61.530) . The Floor Area Ratio without bonus
applies to permitted uses and conditional uses, while the Floor Area
78 - November 27, 1991
Ratio with bonus applies to Incentive Development (See Article 62.600).
62.116 Lot Size (L) or Site Area (S) : The lot size standard establishes the
minimum size lot, in square feet, for certain types of residential
development, while the site area standard establishes the minimum size
of parcel or tract, in square feet, on which the development of a
particular use may occur. Lot size or set area are measured on a
horizontal plane.
62.117 Landscaped Area: Establishes the minimum percentage of lot area which
shall be provided as landscaped area in a development. This percentage
may be reduced by the integration of landscape material in the
development. The allowable reduction is calculated according to the
procedure outlined in Section 63.230.
62.118 Minimum Percentage of Recreation Space: Establishes the minimum amount
of usable recreation space which shall be provided for certain types of
residential development.
62.119 Height: Establishes the maximum height, in feet above grade, allowed
for structures within a given zoning district.
62.120 DESCRIPTION OF DEVELOPMENT STANDARDS: For each type of permitted or
conditional use the zoning district tables identify requirements for
the category of standards listed in the following paragraphs.
62.121 Required Off-Street Parking: Establishes the number of off-street
parking spaces which shall be required for the particular use type
under consideration.
62.122 Setbacks: Establishes numerical requirements, in feet, or identifies
appropriate reference paragraphs, for yards and setbacks. The
requirements are applied according to the regulations of Section
63.110. Yards and setbacks are measured on a horizontal plane.
62.123 Minimum Width at Building Line: Establishes a numerical standard, in
feet, for minimum lot width for certain types of development. This
width shall be measured between non-intersecting lot lines. On lots
with curvilinear front lot line, the width shall be measured as the
length of the tangent to the front yard line.
62.124 Access Location: Identifies criteria (A through J) to be satisfied in
terms of permitted access location for particular types of development.
62.125 Bufferyard Indicator: Identifies an assigned level of intensity (I
through XI) that is. utilized in paragraph 63.262 to determine the
required bufferyard that a development shall provide.
62.126 Density Determination for Multi-Family Residential Uses: Density of
multifamily residential use shall be calculated using the following
conversion factors:
Efficiency Units are equivalent to 0.70 units
Units with three or more bedrooms are equivalent to 1.30 units
All other units are calculated as 1.00 unit.
62.130 DESCRIPTION OF PERFORMANCE STANDARDS: For each type of permitted or
conditional use the zoning district tables identify requirements for
the category of standards listed in the following paragraphs.
62.131 Hours of Operation: Identifies limits in terms of the earliest and
latest hours when a nonresidential use can be in operation.
62.132 Exterior Lighting: Identifies the level of performance (R,A,B,C,D,E)
which will apply to Exterior Lighting on a site for a particular type
of development.
79 _ November 27, 1991
62.133 Sign Regulations: Identifies a level of performance (R,A,B,C,D,E) to
be met on a site for a particular development in the establishment of
signage.
62.134 Exterior Storage: Identifies a level of performance (R,A,B,T,V) to be
met for exterior storage; in certain instances, a percentage may also
be listed which identifies the maximum percentage of the site area
which may be devoted to outdoor storage area.
62.135 Landscaping: Identifies if general landscaping is not required by the
symbol (NR); or identifies a numerical landscape material point base
which is used in Section 63.230 to calculate the reduction in landscape
area allowed through the provision of landscape material within the
development.
62.140 USE CATEGORIES: Contained in this section are the descriptions of each
category of use which may be listed as a permitted or Conditional Use
in the Zoning District Tables. For every development application
involving a new use or a change of use, the Zoning Administrator shall
determine which use category the proposed development most closely
corresponds to and whether the use is permitted in the applicable
zoning district.
62.141 Residential Uses: The following is a list and description of the
residential use categories:
1) Single Family Detached: A one family detached dwelling as defined.
2) Single Family Attached: A one family attached dwelling as defined.
3) Duplex: A two family dwelling as defined.
4) Performance Residential Development: A development consisting of
one or more types of detached or attached one and two family
dwellings developed according to the standards established for
performance residential use in this ordinance.
5) Multi-Family Residential: A building containing three or more
dwelling units. The term includes cooperative apartments,
condominiums, and the like. For the purposes of these regulations,
regardless of how rental units are equipped, any multifamily
dwelling in which units are available for rental periods of one
week or less shall be considered a hotel.
6) Group Residential Care: Group residential care uses include any
day care facilities or residential facilities as each are defined
by this ordinance.
7) Semi-Transient Accommodations: Semi-transient accommodations
include rooming houses and fraternity or sorority houses as defined
by this ordinance.
8) Manufactured Housing: A development consisting of manufactured
homes exclusively or in combination with other dwelling units which
meet the standards for manufactured housing established in this
ordinance.
9) Congregate Housing: A dwelling providing shelter and services for
the elderly, which may include meals, housekeeping, personal care
assistance and minor medical services, but not intermediate, long
term or extended nursing care for residents.
62.142 Office Uses: A building or portion of a building used for office
purposes by a business, service,, professional or institutional
establishment, including medical offices or clinics, studios for those
80 - November 27, 1991
involved in art, sculpture, music and the like, and all other
establishments similar in character.
62.143 Services Uses: The following is a list and description of the service
use categories:
1) Transient Accommodations: Hotels as defined by this ordinance.
2) Personal Service: Establishments primarily engaged in providing
services involving the care of a person or his or her apparel, such
as barber shops, clothing rental, reducing salons and health clubs,
photographic studios, cleaning and garment services (but not
including power laundries or dry cleaning plants) or coin-operated
laundries.
3) Business Service: Establishments primarily engaged in rendering
services to business establishments on a fee or contract basis,
such as advertising and mailing, building maintenance, office
equipment rental and leasing, photo finishing, business supply
services and computer programming/data processing services.
4) Repair and Maintenance Shops: Establishments engaged in
miscellaneous repair services, primarily of household oriented
products such as radios, televisions, washers and dryers, furniture
(including reupholstery) small engine repair, bicycles or
locksmiths.
5) Educational Services: Establishments engaged in furnishing
specialized academic or technical courses, normally on a fee basis,
such as vocational or correspondence schools, barber college, data
processing schools or secretarial schools, along with non-degree
granting schools such as post secondary colleges and universities,
martial arts, music, art, ceramic, dramatic, charm schools, and
dance instruction.
6) Membership Organizations: Organizations operating on a membership
basis for the promotion of the interests of the members, including
such uses as trade associations, business associations,
professional membership organizations, labor unions, civic or
fraternal organizations, but not including churches, hospitals,
golf and country clubs, or credit unions.
7) Medical Facilities: Establishments engaged in providing
diagnostic services, extensive medical treatment (including
surgical services) and other hospital services, as well as
continuous nursing service, including general medical and surgical
hospitals, speciality hospitals,medical laboratories, bio-medical
research and development outpatient care facilities, medical
schools and associated dormitories, medical appliance sales, and
similar uses, but not including animal hospitals.
8) Nursing and Personal Care Facilities: Establishments primarily
engaged in providing intermediate or long term nursing and health
related care be individuals, typically classified as nursing homes.
9) veterinary Services and Animal Specialties: Establishments engaged
in the practice of veterinary medicine, dentistry or surgery, along
with those providing animal related services such as kennels,
grooming or breeding services.
10) Automotive Maintenance Services: Establishments oriented towards
providing warranty maintenance, parts replacement, and upkeep for
automobiles and light trucks, where the service provided can
usually be completed in one working day or less, which typically do
not sell parts at retail for an individual's private use. An
81 _ November 27, 1991
automotive maintenance establishment may have one car wash bay as
an accessory use to .the principal use of the property.
11) Automotive Repair Services: Establishments involved in the major
repair of automobiles and light trucks, where the service is non-
routine in nature, affecting major structural or mechanical
components of the vehicles, which may involve storage of the
vehicle for multiple days on the site. The repair of all other
classes of trucks and motor homes is included.
12) Auto Center: An establishment which is engaged in both the retail
sales of a limited or full range of auto parts and fuels and the
repair and maintenance of automobiles and light trucks. Self
service, automated or full service car washes as a principal use of
property are included .in this.
13) Fast Food Restaurant: An establishment whose principal business is
the sale of food and/or beverages in a ready to consume state for
consumption 1) within the restaurant building, 2) within a motor
vehicle parked on the premises, or 3) off the premises as a carry
out order, and whose principal method of operation involves serving
food and/or beverages in edible containers or in paper, plastic or
other disposable containers.
14) Standard Restaurant: An establishment whose principal business is
the sale of food and/or beverage to customers in a ready to consume
state, and whose principal method of operation includes one or both
of the following characteristics: 1) customers, normally provided
with an individual menu, are served their food and beverage by
restaurant employees at the same table or counter at which the food
and/or beverage are consumed, 2) a cafeteria type operation where
food and beverage generally are consumed within the restaurant
building.
15) Transportation Services: Establishments furnishing services
related to the arrangement of persons and goods movements, such as
freight forwarding, parking services or the rental/leasing of
automobiles or two axle trucks.
62.144 Merchandising Uses: The following is a list and description of the
merchandising use categories:
1) Retail Trade: Establishments engaged in selling goods or
merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such
goods. These establishments are characterized by the following:
1) they buy and receive as well as sell merchandise; 2) they may
process some products, but such processing is incidental or
subordinate to the selling activities; and 3) they predominantly
sell to customers for their own personal or household use.
2) Convenience Retail: Establishments engaged in the retailing of
goods normally purchased and utilized by persons during the course
of a typical week, located primarily for the convenience of
residents in the area, and including the sale of automotive fuels.
3) Sales and Storage Lots: Establishments engaged in the display for
sale or lease of automobiles, trucks, farm machinery, recreational
vehicles and manufactured homes, including auto dealerships or the
commercial storage of privately owned trailers, boats, campers or
similar vehicle.
4) Wholesaling: Establishments engaged primarily in selling
merchandise to retailers, or to industrial, commercial,
institutional or professional business customers, or to other
wholesalers, or on a mail order basis to individuals or firms, or
82 - November 27, 1991
which serve as agents or brokers buying merchandise for, or selling
merchandise to, individuals and companies.
62.145 Transportation and Communication Uses: Following is a description of
uses considered as transportation/communication uses:
1) Railroad Transportation: Establishments engaged in domestic
freight and passenger transportation by rail, and including
railroad yards, freight stations and switching yards.
2) Local Transit: Establishments primarily engaged in furnishing
local and suburban passenger transportation, including taxi cabs,
passenger charter services, school buses, and terminals (including
service facilities) for motor vehicle passenger transportation.
3) Motor Freight and Warehousing: Establishments engaged primarily in
either the storage or shipment of goods and materials, including
terminal facilities for handling freight, and maintenance
facilities in which the truck (including tractor trailer units)
involved with the operation of the business are stored, parked and
serviced. Materials within a warehouse or terminal facility may be
combined, broken down, or aggregated for transshipment of storage
purposes where the original material is not chemically or
physically changed.
4) Communication: Establishments furnishing point to point
communication services, whether by wire or radio, either aurally or
visually, including radio and television broadcasting, and the
exchange or recording of messages, including necessary transmitter
and related equipment.
5) Emergency Services: Establishments engaged in providing ambulance
services or related emergency first aid services.
6) Air Transportation: Establishments engaged in domestic, emergency,
or foreign transportation of passengers or goods by air, including
airports, flying fields, rotocraft terminals, as well as any
associated terminal facilities.
7) Parking Facility: Any structure associated with a nonresidential
use whose purpose is to provide the required off-street parking
spaces for a principal use, or any site utilized for parking which
constitutes the principal use on a parcel of land. This category
also includes community lots which are established to meet the
parking needs in a residential area.
62.146 Industrial Uses: The following is a list and description of the
industrial use categories:
1) Heavy Industrial: Establishments involved in the manufacture,
fabrication, processing, compounding or assembling of materials
from raw material or previously processed material. These uses
have severe potential for adversely affecting surrounding land uses
due to potential environmental impacts related to noise,
smoke/particulate emissions, vibration, noxious gases, odors,
glare/heat, fire/explosion hazards and waste disposal. In
addition, these uses may generate large amounts of truck or auto
traffic, may involve the use of large unenclosed production areas,
or may require large, tall structures that are unsightly.
Heavy industiral uses typically involve primary production
processes in the area of paper products (pulp mills), food
processing (slaughterhouse, meat packing plant), chemicals
(manufacture of inorganic chemicals, resins, plastics, paints,
fertilizers, explosives, ink), petroleum products (refineries, bulk
storage), primary metals (blasting, smelting, rolling), machinery
83 _ November 27, 1991
and equipment manufacture (auto assembly, engines, construction
equipment), leather (storing, curing, tanning), gravel based
products (manufacture of bricks, concrete, abrasives), and lumber
products (saw mills) .
2) Light Industrial: Establishments involved in the processing,
fabrication, assembly or compounding of products where the process
involved is relatively clean and nuisance-free, usually completely
enclosed, and without adverse environmental effects. These uses
can be made compatible with surrounding areas through buffering and
through separation required by yard and height limitations.
Typically, these uses result in the creation of finished products
for sale on a wholesale basis to retailers or directly on a retail
basis, and include uses in the following areas: Lumber products
_ (millwork, cabinet-making) textiles, printing and publishing
services, bottling works, carpet and rug cleaning, furniture
manufacture, paper (final processing of stationery, bags, etc.,
from purchased bulk stock), rubber and plastics (compounding
processed resins, molding plastics), gravel based products
(pottery, cutting, finishing granite, firing and decorating clay
products), and ice manufacturing.
3) Non-Production Industrial: Establishments that normally are
considered industrial in character even though they are not
involved in the manufacturing or processing of products. These
uses generate negative impacts largely through their need for
outside storage of equipment and materials, the large expanse of
land needed for this storage, and the creation of dirt, dust and
noise, along with intermittent truck traffic.
These uses generally can be made compatible through screening and
the imposition of limited performance standards, and thus are not
objectionable in most industrial or commercial districts.
The types of uses categorized here includes contractor's yards,
lumber yards, utility yards, and public maintenance shops and
yards.
4) Junkyards: Any lot, land, parcel, building, or structure or part
thereof used for the storage, processing, or abandonment of
wastepaper, rags, scrap metal or other scrap of discarded goods,
materials, or machinery, or two or more unregistered, inoperable
motor vehicles.
5) Extraction: The excavation of minerals or the removal of solids or
liquids (other than water or gases) from the earth, for sale or
transport off-site, along with quarrying, well operation or milling
(crushing, screening, washing and flotation) or other preparation
customarily done at the mining site or as part of the mining
activity.
6) Research and Testing: Establishments or other facilities for
carrying on investigation in the natural or physical sciences, or
engineering and development as an extension of investigation with
the objective of creating end products, on a contract or fee basis,
and including pilot plant operation.
7) Trade Shops: Any lot, land, building, or structure that serves as
the headquarters for contractors involved in specialized activities
such as plumbing, painting, plastering, masonry, carpentry,
roofing, well drilling, and the like, where tools, equipment and
materials used in the business are stored. This category also
includes establishments involved in specialized trades such as
sheet metal, sign painting, drapers, and exterminators.
84 - November 27, 1991
62.147 Leisure Uses: The following is a list and description of the Leisure
Use categories:
1) Campgrounds and Tra.ilering Parks: Establishments engaged in
providing overnight or short-term sites for the placement of
recreational vehicles or temporary housing, with or without
facilities such as water and electricity.
2) outdoor Recreation Faicility: A commercial recreation facility that
is primarily an open air facility, such as baseball fields,
swimming pools, skating rinks, golf driving ranges, or miniature
golf facilities.
3) Restricted Recreation: Commercial recreation facilities that are
of greater nuisance than conventional outdoor athletic facilities
because of 1) the noise and traffic volumes they may generate; 2)
the glare they produce; or 3) the potential danger they may create
from flying objects or the use of weapons. This category includes
such uses as amusement parks, race tracks (auto, go-cart,
motorcycle) or rangets (skeet, rifle or archery) .
4) Indoor Athletic Facility: A commercial recreation facility that
provides completely enclosed or indoor recreation space, such as
racquet clubs, indoor skating rinks or swimming pools, or
gymnasiums.
5) Indoor Recreation: Establishment primarily engaged in activities
intended to provide personal amusement, with the largest number of
patrons typically during the evening hours or on weekends, and
where food and refreshments may be provided as an incidental
service, including such uses as bowling alleys, billiard, pool or
bingo parlors, amusement arcades, and indoor theaters (live or
motion pictures).
6) Drinking and Entertainment: Establishments primarily engaged in
the selling of drinks for consumption on the premises, where
entertainment may be: provided and the incidental sale of prepared
food for consumption on the premises is permitted. These
establishments may often charge a fee or admission charge for the
entertainment provided. Included in this category are bars, beer
gardens, discotheques, night clubs, taverns and dance halls.
7) Outdoor Entertainment: An outdoor facility developed for
entertainment, amusement or tourist purposes which typically
involve sizable areas of land and concentrated traffic peaks
oriented towards events at the facility, including drive-in
theatres, amphitheaters, outdoor concert halls or theme parks.
8) Entertainment, Adult: Adult bookstores, adult motion pictures
theatres, adult mini-motion picture theatres, adult massage
parlors, adult saunas, adult companionship establishments, adult
health clubs, adult cabarets, adult novelty businesses, adult
motion picture arcades, adult modeling studios, adult hotels or
motels, adult body painting studios, and other adult
establishments.
62.148 Agricultural Uses: The following is a list and description of the
agricultural use categories:
1) Agricultural Production: Establishments engaged in the production
of crops, plants or vines, including forestry, and the incidental
sale of produce raised on the premises to individuals, or
establishments in existence on the effective date of the ordinance
which are engaged in the keeping, grazing or feeding of livestock
for sale, value increase, or livestock increase.
85 _ November 27, 1991
2) Animal Husbandry: The keeping of domestic animals, such as horses,
dogs, cats, been, etc., not primarily for produce or value increase
but rather for show, sport, or as pets.
3) Agricultural Services: Establishments that perform services which
support or assist the agricultural community, such as soil
preparation services, crop services, farm management services, or
breeding services on a fee or contract basis, along with
experimental farms for research or educational purposes. This
category is intended to apply where land is the location of
buildings and other structures that provide office, warehouse, and
storage areas for these establishments.
4) Agricultural Support: Establishments engaged in farm equipment
sales and repair, farm produce sales and supply (feed grain,
elevators) and small scale farm product processing, such as
cidermills, dairies, poultry or meat processing.
5) Retail Agriculture: Establishments that are primarily engaged in
providing services related to or conducting the sale at retail of
horticulture and floriculture products, including nurseries,
greenhouses, lawn and garden services, or ornamental shrub and tree
services. These enterprises typically produce their own stock,
unlike a garden center which imports from other establishments the
products it sells at retail.
62.149 Other Uses: This paragraph contains a list and description of other
uses also classified by this ordinance.
1) Area Accessory Development: Developments which provide facilities
to meet the area needs of a social or technical nature, such as
churches, institutional buildings, public parks, nursery elementary
or secondary schools, temporary shelters operated by nonprofit
agencies, public emergency service facilities, and utility system
components, subject to the regulations in Section 62.930 of this
ordinance.
2) Temporary Uses: A use which does not conform to the regulations of
the applicable zoning district established for a fixed period of
time with intent to discontinue such use upon the expiration of
such time. A temporary use shall not involve the construction or
alteration of any permanent building or structure, and shall be
regulated as provided for in paragraph 61.116.
3) Drive-In Facilities: An establishment which by design, physical
facilities, service or by packaging procedures encourages or
permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles.
- 86 - November 27, 1991
62.210 R-Sa MIXED SINGLE FAMILY OVERLAY DISTRICT
This article lists the standards applicable to uses allowed in the R-Sa District.
COMMENTARY:
62.211 R--Sa GENERAL ZONING DISTRICT STANDARDS The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the
ordinance the primary section in the ordinance where regulations for that category of
The following table identifies the general zoning standard will be found.
district standards applying to uses in the R-Sa Zoning The Row labeled NOTES identifies additional paragraphs in the ordinance that apply
District. to the particular category of standard under which they are listed.
ABBREVIATIONS/SYMBOLS in the table:
% stands for'percentage'
NUMBERS IN BRACKETS[]REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
tAIU"V =Pcnuittcd
Applicable DENSITY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted
OFUse Detailed Additional
Lot Size(L) S of S of Maximum
"ANPARDSType Regulations Regulations TYPE 1-TYPE n-TYPE m TYPE TYPE or Landscape Recreation Height REQUIRED OFF-
DENSMES 1 In Silo Ama(S) Area Space (in feet) cTREEr o.Rrn.O
PRIWRY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGR"ll DEMI ION or PARAGRAPH DEFINrfioN SEE DEFINITION OF OFF-STREET
1
ItLPF2rFl1C8 62.111 62.112 62.113 62.116 62.117 62.116 IANDSCAPa ARG 62.II8 OF IIEIGIf! rARRWO AND rARAORAY11 aI 111
tD
.1 Description of each Regulatiom Primarily TYPE M DEVELOP&"T For For Definition General General Exceptions
1 N011is UK category found found in found in "PROVED THROUGH REQ. Permitted loceotive of Lot do Site Regulations Regulations to Standard Regulations for Off-street
in Section 62.140 Sec.62.260 Par.62.266 OF SECTION 62.600 Uses Developmcot in Chapter 60 Sec.63.130 Sec.63.140 Par.60.444 parting in Sacion 63.400
::.
::. )
Pam
Dcuchod 1
62.2 62.266(2) 70% 35 z PER NEW uWEt1wG uNIT
singleY
64.132
Group Residential Caro VAR 62.263(1) 62.266(1) 62.266(2) 70% 35 1 sPACLJFJIP.LARD EaT 9WFT
64.132
Performance Rcridcatial VAR 62.261 62.266(1) 3.00-4.114-7.26111 20,000(S) 70% 22% 35 l PER NEW DWELtL1O UNIT
64.132
s Nursing do Pomona)Can norm 62.263(2) 62.932 1 SPACLEIO.LARGEST star?
PLUS ONE SPACE PER SIX BEDS
x
D Crop Production I 62.264(l)(2)
4
R Are Acecsaory Dvlpmnt I or m 62.930 62.933 .20 .40 62.932 40% SEE PARAGRAPH A 91r
Duplex 1 62.266(l) 62.266(2) 70% 35 zPER NEW DWELLJNOUNIT
t 64.132
FOOTNOTES: ill ADJUSTMENTS TO PERFORMANCE RESIDENTIAL DENSITIES:
DENSITIES FOR TYPE I OR H REDUCED 30% IF ACCESS VIA DEAD-END LOCAL STREET
DENSITIES FOR TYPE I OR H INCREASED BY 40% IF FRONTAGE ALONG ARTERIAL STREET
a
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88 - November 27, 1991
62.220 R-I MIXED SINGLE FAMILY DISTRICT
This article lists the standards applicable to uses in the R-1r Mixed Single Family Residential District.
COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the
62.221 R-1 GENERAL ZONING DISTRICT STANDARDS ordinance the primary section in the ordinance where regulations for that category of
standard will be found.
The following table identifies the general zoning The Row labeled NOTES identifies additional paragraphs in the ordinance that apply
district standards applying to uses in the R-I Zoning District. to the particular category of standard under which they are listed.
ABBREVIATIONS/SYMBOLS in the table:
%stands for`percentage'
NUMBERS IN BRACKETS I I REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
CATEGORY List Applicable DENSITY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted
c:..n• +<nr of Maximum
OF or Use Detailed Additional
Regulations Regutatiow TYPE I-TYPE u-TYPE UI TYPE TYPE « Landscape Recreation Hci ht REQUIRED OFF-
Type Permined Uses n'Pe a 1n feet) STREET PARYINO
DENSITIES 1 m Site Ana(S) Arc& Spat (.
Pt/NARY PARAGRAPH PAItA(RAPa PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH pFFW T170N OF PARAGRAPH DEFINITION SEE DEFW IIION OF OFF-SIRFJ:I
I IMAR 62GN LAGR 62GR 62.114 62.113 62.116 LANDSCAPE AREA 62.119 OF HEIGHT' PARKING AND PARAGRAPH 62.121
General E&eepdtrlu
OD Description of each Rcgulatieaa Primarily TYPE W DEVELOPIdENT Pea For Definition General
(Quad is (rind in APPROVED THROUGH REQ Parmttled Incentive of Lot R Site Regulations Regulations to Standard Regulations for ion 63.40
NOTES Use category 6 found 60 Ti Ia Section 63 400
in Section 62.140 Sec.62.260 Par.62.266 of tECTION 62.600 Uses Devel en1 is GLapter •�•130 Sec.C.63.110 Pas.60 441 parking
K.
50% 35 2 petnew dwelling unite si Family Detaebed I 62.266(1)
ngle
1 64.132
62.266(1) 7200(L) 40% 35 2 per new dwelling unit
>as€ Dw1cs 64.132
Performance Rssidcatlal VAR 62.261 162.266(1) 5.5-8.71-15.00 III 20000(S) 60SK 229Yi 35 2 per new dwelling unit
64.132
Group Residential Cara 509f 35 I per employedlargeN awn
VAR 62.263(l) 62.266(l) 6000(L)
64.132
x
Offices VAR 62.264(3)
.06 .090 60% 24 1 per 200pfl floor area
a • ,t»r Prladl.l msalul prdud.n.l
Medical Facilities 11 or 111 62.263(2)
1 per employeellargcN shift plw
Nuniog/Peraooal Can II or 111 62.263(2) 1 per every 6 beds
tt+
n 20 60% 24 1 per 4 persons.based on
N Funeral Home$ II or ll1
maximum capacity
of building
7-
F. AgriculwalOpcntians I 62.261(Ix2)
rD a : Parting Facilities III 62.265
.25 .40 62.932 40% 25 See paragraph 6T935
~ ; Area Accessory Dcvclopmcat 1 or 111 62.930 62.933
FOOTNOTES:III ADJUSTMENTS TO PERPORMANCB RESmPNI'IAI.DENSMES
DENSITIES FOR TYPE!I OR 0 REDUCED 30%IF ACCESS 19 VIA A DEAD-END LOCAL STREET
DENSITIES FOR TYPE I OR 0 INCREASED RY 60%IF FRONTAGE ALONG ARTERIAL M REET
aa. Lu = - -
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90 - November 27, 1991
62.230 R-2 LOW DENSITY RESIDENTIAL DISTRICT
This article lists the standards applicable to uses allowed in the R-2r Low Density Residential District
COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart idculific6 for users of the
62.231 R-2 GENERAL ZONING DISTRICT STANDARDS ordinance the primary section in the ordinance when regulations for that category of
standard will be fotad,d.
The following table identifies the genera[zoning Tbc Row labckd NOTES identifies additional paragraphs in the ordinance that apply
district standards applying to uses in the R-2 Zoning to the particular category of standard uodet which they are listed.
District. ABBREVIATIONS/SYMBOLS in the table:
IS stands fot*Percentage,
NUMBERS IN BRACKETS[]REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
CA2t:OORY List Applicable DENSITY FACTOR FLOOR AREA RATIO Minimum minimum Minimum Permitted
OP of Use Detailed Additional Lot Sizc(L) %of %of Maximum
TANLIARD Permitted Uses Type Regulations Regulations TYPE I-TYPE U-TYPE W TYPE TYPE or Landscape Recreation Height REQUIRED OFF-
DENSITIES 1 to Site Arca(S) Arco Spiked, (in feet) STREET PARYINO
PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH DEFINITION OF PARAGRAPH DEFINITION SEE DEFINrFIGN OF OFF-S-IREET
Lkav"Nicil 62.111 62.113 1 62.113 62.114 62.113 62.116 LANDSCAPE AREA 62.118 OF HEIGHT PARKING AND PARAGRAPH 62.Ili
Description of each Regulations Primarily TYPE In DEVELOPMENT For Per Definition General General Exceptions
NOIBa Use category found found is found in APPROVED THROUGH REQ Permitted Incentive of Lon do Site Regulations Regulations to Standard Regulations for Oii-street
in Section 62.140 Sec.62.260 Per.62.266 OF SECMN 62.600 Uses Development in Chapter 60 See.63.130 Sec.63.140 Par.60.444 parting in Section 63.4110
Single Family Detached I 62.266(1)
5500(L) 45% 31 2 rncwdwcll' unit
Single Family Attached I 62.266(1) 3000(L) 409 35 2 per new dwelling unit
(Corner Lot) 64.132 3500(L)
~ <: Duplex I 62.2660) 6000(L) 40% 35 2 per new dwelling unit
1 Perfacmance Residential Vat 62.261 62.266(1) 9.00-16.00-2 1.72 111 15000(S) 52% 20% 3S 2 per new dwelling unit
'> 62.266(3)
Multi-Family Residential 1 62.266(l) 3 and 4 FLEX only a000(L) 42% 35 1 per unit/Efficiencies&
62.2"0) one bcdroem units
61.132 1 112 per 2 bedroem unit
-
>j; $:: 62.126 2 per 3 bedroom unit
<X
3 per 4 bedroom unit
OAP Residential Gm �Vsr 62.263(1) 62.266(1) fAl AS REOILATiON FOR PERMITTED SINGLE FAMILY OR 1 per employccflargcst shift
MULTI-FAMILY.(WHK7IEVER If ROSY FOR APPROVAL OF USE)
MIl..d t)vueie6 Typ.p.vd.per ID 62.262(1) 62.266(1) 5500(L) 41% 35 2 per new dwelling unit
Z 16..d ar..d Flom.SubdiviJm M 62.262(2) 62.266(1) 62.262(2)(CXI) 5516 400 sq.A. 35 2 per new dwelling unit
ofrica Vat 62.264(3) .08 1 .12 SO% ea
24 1 per 200 sqR floor ar
medical Facilities U oc M 62.263(2) 1 Per vdodpd moatnal Prar..d.d
Nursing k Personal Core 11 or III 62.2630) 1 per employee largest shift plus
1 per every six beds
Funeral Home U or ID .20 .30 50% 24 1 per 4 perseoa,based on
s maximum capacity of building
�D
Packing Facilities ID 62.265
►' Agricultural Operation& 1 62.264(1)(2)
Area Accessory Development lot M 62.930 62.933 .30 .50 62.932 4016 30 Su Paragraph 62.935
FOOTNOTES:III ADJUSTMENTS TO PERFORMANCE RESIDENTIAL DENSITIES
DENSITIES POR TYPE I OR U REDUCED 2516 IF SITE ADJACENT TO SIDE OR FRONT YARD OF LAND ZONED R-1
DENSITIES FOR TYPE I OR 11 REDUCED 3016 IF ACCESS VIA DEAD-OHD LOCAL STREET
9
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92 - November 27, 1991
62.240 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
This article lists the standards applicable to uses allowed in the R-3, Medium Density Residential District
OMMENTAR :
62.241 R-3 GENERAL ZONING DISTRICT STANDARDS The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the
ordinance the primary cocoon in the ordinance where Rgulatious for tint category of
The following table identifies the general zoning standard will be found.
The Row labeled NOTES identifies additional paragraphs in the ordinance that apply
district standards applying to uses in the R-3 Zoning
District. to the particular category of standard under which they arc listed.
ABBREVIATIONS/SYMBOLS in the table:
%stands for"percentage'
NUMBERS IN BRACKETS( l REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
CATEGORY List Applicable DENSITY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Pcrmiucd
of Use Detailed Additional Lot Size(L) %of %of Maaimuos
or Rurcalioo Height REQUIRED OPP-
-mANUARD Permitted Uses Type Rcgtdaliuoa Rcgulaians TYPE I-TYPE u-TYPE W =ETypE or Landscape STREET ED OPP-DENSITIES Site Aru(S) Area Space (in feel)
PRWARY PARAGRAPH PARAGRAPN PARAGRAPH PARAGRAPH PARAGRAPH FARAGRAPH DEFINff10N OF PARAGRAPH DEFINITION SEED OF OFFPII 62.Ef
LRF71
02GR 62.112 62-tll 62.IIt 62.113 62.116 LANDSCAPEAREA 62.I19 OF IIEIGIIT PARKING AND PAMGRAyII e2.121
Description of each Regulations Primarily TYPE ul DEVELOPMENT For For DcfmiI.im General Gcrscrai Exccptmons
NOIkR Use category found fond in found in APPROVEDTtutoUGH REQ Permitted Incentive of Lot Qm Site Rcgulalioas Regulations W Standard Regulations for Off-street
in Section 62.140 See 62.260 Pat 62.266 OF SECTION 62.600 Uses Development m Chapter 6O See 63 130 See 63 140 Par 60.4i4 parking m Section 63.400
62.266(p 3000(L) 40%
35 2 ccR 14ON D A`..LL"rJ UNIT
Single,Family Attacbcd 1
3500(L)
(Corner Let) 6000(L) 10% 3S 2 PER NEW DWELLING UNIT
Duplex 1 62.266(1)
I Performance Rcaidential VAR 62.261 62.266(q 16.00-21.71-29.04(1] 63(Q
6000(S) 40% 16% 35 2 PER NEW DWELLING UNIT
62.266(3)
tD _ !SPACE PER - -
W 62.266(l)
Multi-Family Residential 1
f000(L) 42% 35 l BDR.h EFFICIENCY UNITS
l 3 A 4 Ple: 1 62.266(3) 61 ? (S) 40% 12% LS SPACES PER 2 BDR UNIT
2 Story Building 1 62.126 24.23
3 Story Building 1 32.67 .70 11000(S) 3g% 10% 2 SPACES PER 3 BDR UNIT
43 56 .92 30% 9% NONE 3 SPACES PER 4 BDR UNIT
Maximum with BOB" IH 1 PER EMP.LARGEST SHIFT
Group Residential Care VAR 62.263(i) 62.266(1) �%
U 62.263(3) 62
Semi-Transient Accam. .266(t)
40% I PER SLEEPING UNIT
Mia.O Ridding Tyt»D�" -p--
D 62.262(1) 62.266(1) 5500(L) 40% 30 2 PER NEW DWELLING UNIT
b6aodaauralltoma Subdivtoua I 62.262(2) 62.266(q 45% 300 SQ.FI. 30 2 PER NEW DWELLING UNIT
Maoufactuted Homo Part m 62.262(3) 62.266(q Il 50% 62.262p1(b)(4) 24 2 PER DWELLING UNIT
#: Congregate Hauiog I (SAME AS FOR MULTI-FAMILY RESIDI'N71AL) 1 PER DWELLING UNIT
Offices 125 .20 4S% 24 1/200 SQ.FT FLOOR AREA
O VAR 62.264(3) 125 4S% 24 1f200 SQ.FT FLOOR AREA
C
Personal Service VAR 62.264(3)
Ceavcaicrsce cud
In 62.264(4)
.1S 45% 21 1 PER 100 SQ.FT FLOOR AREA
$PER MEDICAL PROFESSIONAL
10 H :: Medical Facilities norm 62.263(2)
1 PER 6 BEDS PLUS 1 PER
N Nursing k PC Care D or m 62.263(2)
EMPLOYEE LAROEST SHIFT
J
Funeral Hwru ll or m .125 .20 4S% ?A 1 SPACE PER 4 SPATS
F, PLANNED FOR BUILDING
to
%D
1' Parting Facilities 1 of IN 62.265
AgricultuulOpc(aliuns 1 62.264(1)(2)
Ares Acces ory Development I of IA 62.930 62.933
35 .75 62.932 3S% 3S]SEE PARAGRAPH 62.975
FOOTNOTES:: (1 l Where both Dcaaity Factor and Floor Area Ratio are olmd in the Rama row on the table,the development must meet both standards.
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N
94 - November 27, 1991
ENTARY:
62.250 R-4 HIGH DENSITY RESIDENTIAL DISTRICT COMMENTARY:
Row labeled PRIMARY REFERENCE a<the top of the chart identifies for users of the
This article lists the standards applicable to use permitted to the ordinance the primary section in the ordinance where regulations for that category Of
R-4,High Density Ruideotinl District Standard will be found.
62.251 R-4 GENERAL.ZONING DISTRICT STANDARDS The Row labeled NOTES identifies additional paragraphs in the ordinance that aPPIY
to the particular category of Standard under which they are listed.
The following table identifies the general zoning ABBREVIATIONS/SYMBOLS in the table:
district standards applying to uses in the R-4 Zoning %stands for'percentage'
District. NUMBERS IN BRACKETS t I REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
Minimum Minimum Permitted
LiA Applicable DENSITY FACTOR FLOOR AREA RATIO Minimum n o[ ni of ►cgloin d
CATHGIORY Lot Si:c(l) Hci W REQUIRED OFF
or of Use Waited Additiaod TYPE of Landscape Recreation g
Permitted Uses 7YPe Rcgldatioos Rcgutatio0s TYPE I-TYPE u-TYPE W TSB Area Space (la feet) STREET PARKWO
'TAND DENSITIES I IQ Site Ara(S)
PARAGRAPH PARAGRAPH PARAGRAPH DEFINITION OF PARAGRAPH DEFINITION AU DIRK1110N or OFF-SHIlET
PRIMARY PAMORAPH PARAGRAPH PARAGRAPH 62.116 LANDSCAPE AREA 62.1It OF HEIGIIT PAainrO AND PAaA02"ll u 111
62.114 62.113
62.111 63.112 62.113 For Definition General General FiccpUoDs
RIJ'ERPN of Gc6 � �� pr:.sarily TYPE W pEVF1.OPI�HI= For o�.a.ljoaa to Standard Rcgulatiow for off-suect
Deacriptios g Permitted Incentive of Lot A Site Reguluions . section 63.400
-
farrai fn r_�_!A s_ APPROVED .__ AA rA(� Far (A 444 W�IoA m
NOTES Use category f"°°d Usea Derelapmenl is(atapter GO Sec 63.130
-
.-. _..
sec.62.Y60 Par 62.266 OF SECTION 62 600
in Section 62.140 . .. ^.......
.. 1 PER UNIT FOR
Mrdu-Family Rcudcatid 62.263(4) 62.266(1) 72D01S) 4ox 12% EFFICIENCIES a
[ 62.266(3)
tid 24.23111 0.61 ItI ONE BEDROOM UNITS
2 Rcaidca Roo.. t 0.70 p1 i000(S) 3tx IOx
62.12E 32.67(I]
1 .....::.:.:" g% t 1/2 PER 2 BEDROOM UNIT
3 R"Wcatial Doors I 1.2/
: :>: I St.Og[II 3g% 7% 2 PER 3 BEDROOM UNIT
%o
r 4-6 Res.floors 1.69[I] 16000(S)
to g f 76.25111
20000(S) 42% 6% )PER 4.BEDROOM UN
7-9 Rea.Anon 87.12111 2.0011)
-12 Ra.Anon I NO MAX2.42 NO MMIN. 20% 5%
Qf 1 SPACE PER EMPLOYEE
13•Res.floor
62.263(1) 62.266(1)
tid
R"Wra cam VAR ON LARGEST SHIFT.
1 SPACE PF1 SLEEPING UNIT
T
2 ? Srat-Tannins Accam. 1 62.263(3) 62.266(1) 1 SPACE PF1 UNIT
I (SET/R$QUIRI'J[Et4TS POR PERMITTW MUL77-FAMII Y RESQ)PN7IAL DEV1�OPM134T M R-4 6% R1Ci) 30 1 PER 200 SQFT FLOOR AREA
Cmtngate H MISS .25 .35 26%
VAR 62.264(S) 26% 30 1 rim 200 SQFT FLOOR ARLA
O(fica .21 .35
Sorvioe VAR 62.266(3) 3rSaueacALnorPsasaHAr
L,•.Personal
Q or m 62.263(2) 1 SPACE PER SIX BEDS PLUS
bf edkd Facilities
Q or m 62.263(2) 1 P(7l EW.LARGEST SHIFT
t:Naming t Pcnand Can
x sbx 30 /SPACE PER 3 SEATS PLUS
«<<«>><>s' .25
M .-.-:a Fut Food ReMau'Ant 1 SPAS PER 2 EMPLOYEES
26x 30 1 SPAS PER 4 SEATS PLUS
Standard R"Umad t31 1 SPACE PER 2 EMPLOYEES
N _1S ZS 26% 30 1 PER too SQ.FT FLOOR AREA
J VAR 62.264(4) 30 1 PER 4 PERSONS BASED ON
Conveotooce Retail .25 .35 26%
�. Peocd Hama I or M MAIL.CAPACITY OF BLDU.
%D 26% 30 1 PER 300 SQ.Fr FLOOR AREA
rD .25 3S
r
Indoor Motion Pac. I or lD
Par1JrV Paciliry 1 or QI 62.265 50 SEE PARAGRAPH 63.933
Ara Acussory pcvdopmcd I or QI
62.930 62.9]3 .40 to 62.972 �%
FOOTNOTES:(lI Where bath Dent"Fodor and Floor Ara Ratio are[Quad in the name row on the table,tho devdopment must mat both atarldards.
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- 96 - November 27, 1991
62.260 DETAILED USE REGULATIONS; RESIDENTIAL DISTRICTS: The following
paragraphs identify specific requirements applicable to certain types
of permitted uses identified in the Zoning District Tables contained in
this Article.
62.261 Performance Residential Development: Performance Residential
Developments (PRD) are approved either as zoning certificates through
the Type I process or are required to go through Type II Conditional
Use or Type III Incentive Development approval prior to issuance of a
zoning certificate. The: criteria for this determination is contained
within the requirements of this paragraph. All PRD is subject to the
requirements of subparagraph (1) below.
1) Standards Applicable to all Performance Residential Development:
a) Submission Criteria: The information to be submitted with an
application for approval shall be that required for Conditional
Use permits, as outlined in Appendix B, along with two copies
of the legal instruments providing for care and maintenance of
common areas and shared facilities (such as documents
establishing a homeowners association). In addition, plans for
sewer, water and roadway facilities shall be submitted where
buildings are not serviced solely by service connections to
existing public facilities.
b) Review Process: The following requirements will guide the
process utilized to review a PRD:
1) A determination shall be made by the zoning administrator
on whether platting of the site is necessary. Where it is
found that an existing plat or registered land survey
already exists to support the final planned lot
configuration, no replatting shall be required as long as
adequate access is assured and the access is adequate to
meet the requirements for emergency vehicles specified in
63.500. Where it is determined that platting is required,
the process for approval of a Land Subdivision Permit and
Final Plat, as outlined in Chapter 61, shall be followed.
The zoning administrator may allow as-built platting as a
condition of site plan approval if a bond or other
sufficient surety is provided at the time of zoning
certificate approval to cover the cost of platting.
2) Submittal of building/structure and site improvement plans
for any Type I or II development may be done in one of two
ways. A master plan for the entire development may be done
in one of two ways. A master plan for the entire
development may be submitted, containing the information
necessary to establish conformance with the basic ordinance
requirements for density/floor area, recreation space,
landscape area, bufferyards, communal parking and standards
for private or public utilities, roadways, and
runoff/erosion control improvements. In such cases, zoning
certificate approval for individual buildings or building
groups will be done at a reduced fee. Evidence of
conformance with the remainder of the ordinance
requirements must be submitted at the time of zoning
certificate approval. A master plan shall be required for
phased developments where the applicant wishes to exceed
the density limits for the district in one phase but retain
an overall site density within ordinance standards.
An applicant: may also choose to submit complete plans for
the entire development or only a portion of the site
planned for eventual development initially.
97 _ November 27, 1991
3) A Type III application shall follow the procedure for
Incentive Developments outlined in Article 62.600 of this
ordinance, subject to the additional submittal requirements
under paragraphs 62.261 (1) (a) and (1) (b) (1) above.
4) Minor changes to any approved PRD may be approved by the
zoning administrator under the requirements of paragraph
61.148.
5) Major changes to an approved PRD shall be processed as a
new application.
6) Where the site of a completed or partially completed PPD is
proposed for resubdivision, the existing development will
be reviewed for continued conformance with all ordinance
requirements under the proposed lot arrangement.
c) Project Criteria: Basic criteria applicable to all PRD
include:
1) Each unit shall have approved access to a public or private
street by means of frontage, easement agreement, or by way
of common area agreements established as part of a
homeowner's association or condominium arrangement.
2) A staging plan for development of common improvements such
as recreational areas shall accompany all applications
proposed for phased development. A sufficient portion of
such elements shall be developed with each phase so that
the completed portion of the development could meet
ordinance requirements should further phases not be
developed.
3) The minimum distance between walls shall be equal to the
sum of the performance yards required for each wall.
4) Yards for dwellings which front on common parking areas may
be reduced by 20 percent, while yards abutting parkways,
walkways or other public open space may be reduced by 30
percent.
5) Where off-street parking is not provided on a communal
basis, the plan shall indicate a garage site for all units
whether or not garages are intended to be part of the
initial development.
6) The maximum number of buildings which may be attached in an
R-1 or R-2 District is five, and nine in any other
district. Increases to this are permitted subject to the
following rules:
a) The number of units attached may be increased from five
(5) to eight (8) in Low Density Residential Districts
and from nine (9) to fourteen (14) . in all other
districts when the units are clustered ill a
configuration in which the axes of the buildings
intersect with an interior angle greater than uixty
(60) degrees and less than one hundred and thirty-five
(135) degrees, or, when arranged in an arc, form an
angle of arc exceeding eighty (80) degrees and not
exceeding two hundred (200) degrees. (See the
following illustration) .
98 - November 27, 1991
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99 - November 27, 1991
b) The number of attached units may be increased from five
(5) to ten (10) in Low Density Residential Districts
and from nine (9) to eighteen (18) in all ether
districts when the dwelling units are clustered into a
configuration such that the axes of the buildings from
at least two (2) angles in excess of two hundred and
twenty (220) degrees each or when arranged in an arc
forming an angle exceeding two hundred (200) degrees.
(See the following illustration.)
Angle 220•
i�
Angle of Are
Exceeds 2000
c) The number of attached units may be increased from five
(5) to thirteen (13) in Low Density Residential
Districts and from nine (9) to twenty-two (22) in all
other districts when the units are arranged such that
the the interior angles formed by the intersection of
the axes of the buildings is greater than one hundred
ten (110) degrees and less than one hundred and :Fifty
(150) degrees or where the units are arranged alone two
(2) or more arcs each of which has an angle exceeding
one hundred (100) degrees, and which results in at
least one (1) reverse curve. (See the following
illustration).
Nel
T
Ai; Angies Between 1100 and 1500 /
XExceeds
/ 100°
Exceeds jC
100°
100 - November 27, 1991
d) The number of units attached may be increased from five
(5) to fifteen (15) in Low Density Residential
Districto and from nine (9) to twenty-seven (27) in all
other districts when the units are arranged to enclose
a central. park or green space which, a) if rectilinear,
shall hairs a minimum dimension of forty (40) feet and,
b) if circular, shall have a minimum radius of forty
(40) feel: and, c) if elliptical, shall have a minimum
dimension of fifty (50) feet. (See the following
illustration.)
fl 4 a
co
0
(a), . (c)
2) Standards Applicable to Type I or II Developments:
a) Site Planning Criteria: The Zoning Administrator shall have
the authority to schedule a Type I or II application for a Type
II hearing before the Planning commission prior to referral of
the application to the Commission where he finds the following
site design limitations exist:
1) The development exhibits a monotonous repetition in
building placement which is not mitigated by aesthetic
building design, placement of landscape materials, open
space placement, grade differences or curvilinear street
layout so as to create a livable residential environment.
Limitations created by the existing site characteristics
(small site area, existing streets, irregular shape) shall
be taken into consideration.
2) The development plan indicates major grading or alteration
of the natural terrain which does not take advantage of the
natural features of the site.
3) The proposed development contains more than 30 dwelling
units served by only one access off of a limited local or
local residential street.
b) Determination of Density Levels: The Zoning District Tables
identify a maximum level of density that may be permitted under
the Type I, II and III processes. The procedure to determine
final density for Type I and II applications is as follows:
1) The Type I density is granted as of right and may be
approved through the zoning certificate process.
2) Increases above Type I density up to the maximum Type II
density are achieved by inclusion of certain design
features in the development plan which, by so doing,
qualify the applicant to increase the density. The zoning
101 - November 27, 1991
administrator shall make a finding during the rEtview
process that the design features justifying the proposed
density have been provided in the development plan. The
applicable features are:
a) Provision of a storm shelter meeting state guidelines
shall justify an increase of one dwelling unit per net
buildable acre.
b) If the amount of Usable recreation space in the project
exceeds the minimum amount required by the ordinance, a
density increase calculated by multiplying the base
density by the percentage by which the actual
recreation space exceeds the minimum required
recreation space is permitted.
c) If the amount of Landscape Area in the project exceeds
the minimum amount required by the ordinance, a density
increase calculated by multiplying the base density by
1/2 of the percentage by which the actual landscape
area exceeds the minimum required landscape area over
the base density is permitted.
d) A density increase of 8 percent over the base density
is permitted for every 5 acres included in the pro-,act.
e) Density increases are permitted for the preservation of
certain natural features according to the regulations
of paragraph 61.533.
f) Where an applicant proposes payment in lieu of land
dedication to meet the City of Rochester Park
Dedication requirement, the base density may be
increased by 4 percent for every $100.00 per dwelling
unit above the base dedication fee invested in the
parkland dedication fund.
62.262 Manufactured Housing: The placement of homes shall be regulated by the
standards contained in the zoning district tables and the further
regulations of this paragraph.
1) Mixed Building Type Development:
a) Approval Procedures: The use type indicated in the zoning
district tables identifies the initial procedure required to
approve a site for use as a Mixed Building Type Development.
The applicable platting procedures of this ordinance shall be
followed in approving the creation of lots for Bale.
Individual lot development within a Mixed Building Type
Development is subject to zoning certificate approval.
b) Up to twenty (20%) percent of the lots in a proposed nixed
Building Type Development may be occupied by dwellings
conforming to the Uniform Building Code prior to designation.
In any designated Mixed Building Type Development of less than
twenty (20) lots no more than one-half (1/2) of the lots may be
used for manufactured homes.
c) Manufactured Homes must meet the following design criteria.
1) All such dwellings shall be constructed upon an app:,oved
foundation system.
2) The minimum width of the dwelling shall be twenty (20)
feet, measured between' non-intersecting walls along a
- 102 - November 27, 1991
straight line perpendicular to both walls. The requirement
shall not apply to any additions made subsequent to the
original construction of the dwelling.
3) All manufactured homes shall bear a seal or label as
defined in linnesota Statues Chapter 327.31, Subdivision 8
and 13, respectively.
4) All manufactured homes shall be equipped with an anchoring
system approved by the Minnesota Department of
Administration (Building Code Division).
2) Manufactured Home Subdivision:
a) Approval Procedures; The use type indicated in the Zoning
District Tables identifies the initial procedure required to
approve a site for use as a Manufactured Home Subdivision. The
applicable platting procedures of this ordinance shall be
followed in approving the creation of lots for sale.
Development of Individual lots within a Manufactured Home
Subdivision is subject to Zoning Certificate Approval.
b) Site Development Standards: In addition to required
subdivision improvements, the applicant shall provide the
following improvements:
1) A perimeter bufferyard equal to Bufferyard D as described
in paragraph 63.264 if located in a low density residential
district or equal to Bufferyard C in all other districts.
2) Spillover parking shall be provided as required for
attached dwellings.
3) Manufactured; home subdivisions located in the Flood Fringe,
Flood Prone or Floodway districts are subject to the
provisions of 62.800.
c) Lot Development Standards: The following standards shall apply
to the development of individual lots within a manufactured
home subdivision:
1) Lot Size: For homes less than 61 feet in length, the
minimum lot size is 4,400 square feet in the R-2 District
and 3,600 feet in all other districts; for homes greater
than 61 feet in length, the minimum lot size is 5,100
square feet in the R-2 District and 4,500 square feet in
all other districts.
2) Lot Width: For homes less than 61 feet in length the
minimum lot width is 47 feet in the R-2 District and 42
feet in all other districts; for homes more than 61 feet in
length, the minimum lot width is 50 feet in the R-2
District and. 42 feet in all other districts.
3) Minimum Front Yard Setbacks: 15' for dwellings, 20' for
accessory structures, unless that side of the building
facing the front yard is a Class A exposure in which case
the setback shall be 20' for the dwelling.
4) Minimum Rear Yard Setback, Dwelling: 20'
5) Location of Garages: Garages shall be separated from
structures on the same lot as is required by the building
code, and shall be setback from property lines 6' if facing
103 - November 27, 1991
a Class A exposure on the adjacent lot or 3' in all other
cases.
6) Accessory Buildings and Structures Other Than Garages:
These uses are subject to the same setbacks as garages, and
may occupy up to three (3%) percent of the lot area in any
low density district, or five (5%) percent of the lot area
in any other district.
7) Total Lot Coverage, All Buildings and Structures: Forty
(40%) percent in Low Density Districts, forty-five (45%)
percent in all other districts.
8) Yards for the principal building shall meet the performance
setback requirements of the R-4 district found in Section
62.283.
9) The minimum recreation space identified in the zoning
district table shall be provided in a single consolidated
area with a minimum dimension of 15 feet.
10) All dwellings shall be equipped with an anchoring and
support system as defined and approved by the Minnesota
Department of Administration Building Code Division rules
for mobile home support and tie-down systems. All homes
shall bear a seal or label as defined in Minnesota Statutes
Chapter 327.31, Subdivision 8 and 13, respectively.
Dwellings placed on foundations shall have a minimum width
of 20 feet, measured between non-intersecting exterior
walls.
11) Each manufactured home lot shall have a mobile home stand
with a surface graded for proper drainage and covered by a
paved slab or compacted earth, gravel, or crushed stone.
Skirting shall be installed around all sides of each
manufactured home within a manufactured home subdivi.ion.
"Skirting" means a rigid waterproof material designed and
installed so as to provide a solid or visual barrier
between the underside of a manufactured home and its s-:and.
12) Lot sizes smaller than those required in (1) above miry be
permitted if requested during the initial Land Subdivision
review upon finding that:
a) the developer has demonstrated that the natural or
dimensional characteristics of the tract are such that
strict adherence to the minimum lot size requirement
would prevent or interfere with the design of a plan
more appropriate to the land; and
b) the amount of area by which any and all spacee are
reduced shall be consolidated into common open or
recreational areas according to a comprehensive plan
for the manufactured home subdivision. The combined
area of manufactured home lots and the common open or
recreational areas shall maintain an average lot area
density equal to or greater than the minimum required
lot size.
13) A storm shelter meeting the requirements adopted by the
State of Minnesota pursuant to Minnesota Statute 3:27.20
shall be provided. In addition the storm shelter munt be
constructed to accommodate the following number of people:
The shelter space (no. of people) - 0.75 x no. of dwelling
units x 2.5 people per dwelling unit.
104 - November 27, 1991
3) Manufactured Home Park:
a) Approval Procedures: The use type indicated in the zoning
district tables identifies the initial procedure required to
approve a site for use as a Manufactured Home Park. Individual
placement of Manufactured homes within the development is
subject to zoning certificate approval.
b) Site Development Standards: The following improvements shall
be provided by the developer of the manufactured home park:
1) A perimeter bufferyard equal to Bufferyard D as described
in paragraph 63.264 along the exterior boundaries of the
site shall be provided.
2) All streets within a manufactured home park shall be paved.
All streets within a park, except streets connecting two
public streets (existing or planned) by a direct route, may
be private.
Two way streets without parking or one-way streets with one
side parking shall be 20 feet in width. All other streets,
except two-way streets with parking on both sides, shall be
26 feet in width. Two-way streets which parking on both
sides shall be 32 feet in width.
If the park provides for 30 or more homes, each vehicular
way shall be named and marked with signs which are similar
in appearance to those identifying public streets.
3) A storm shelter meeting the requirements adopted by the
State of Minnesota pursuant to Minnesota Statute 327.20
shall be provided. In addition the storm shelter must be
constructed to accommodate the following number of people:
The shelter space (no. of people) - 0.75 x no. of dwelling
units x 2.5 people per dwelling unit.
4) Community Facilities: The following types of community
facilities shall be provided in a manufactured home park:
a) Recreational Area: The following recreational areas
shall be provided:
Per 100 Minimum Size
Manufactured of
Homes Single Facility
Play Lots 1,200 sq. ft. 400 sq. ft.
Recreational
Facilities 40,000 sq. ft. 10,000 sq. ft.
b) An area shall be set aside for the dead storage of
items such as boats, boat trailers, hauling trailers,
or other equipment not normally stored in a home or in
a utility building on a space. This storage place
shall bei screened with a fence, berm, or trees and
shrubs.
c) A commercial or service establishment intended solely
for the residents of the park may be provided if no
such facilities exist with 1/4 mile and the park
contains at least 100 units. Such facility shall not
occupy more than five percent (5%) of the area of the
105 - November 27, 1991
park and a bufferyard equal to Standard E described in
paragraph 62.264 shall be provided around the site.
5) Signs: Each manufactured home park shall be permitted a
development sign at each entrance to the park, and each
community facility may be permitted one sign conforming to
Sign Standard "R", as defined in paragraph 63.225.
6) Miscellaneous Provisions: In all manufactured home parks:
a) Each unit shall bear an installation seal, as de!'ined
in Minnesota Statutes 327.31, Subdivision 12.
b) Skirting shall be installed around all sides of each
manufactured home. Skirting means a rigid waterproof
material designed and installed so as to provide a
solid or visual barrier to the underside of a home and
its stand.
c) Each space shall have a stand with a surface graded for
proper drainage and covered by a paved slab or
compacted earth, gravel or crushed stone. The
remainder of the space shall be graded for drainage,
and all graded areas shall be planted with grass to
prevent erosion.
d) All homes shall be properly connected to the municipal
sewer and water system. Each space shall be provided
with a public water outlet, a public sewer, a telephone
outlet and an electrical outlet.
e) No home shall remain in a park for a period exceeding
fifteen (15) days without connection to the permanent
sanitary sewer system of the park.
f) Each home shall be located within 500 feet of a fire
hydrant. The city engineer and fire chief shall
approve the design and location of such facilities.
g) All parts of the street system shall be adequately
lighted to insure safe and efficient traffic movement.
h) A centralized mailbox location shall be provided in the
park.
7) Park Management:
a) The operator of a park shall operate the park in
compliance with this ordinance and shall provide
adequate supervision to maintain the park, its
facilities and equipment in good repair and in a clean
and sanitary condition.
b) The operator shall notify park occupants of all
applicable provisions of this ordinance and inform them
of their duties and responsibilities under this
ordinance.
c) An adult caretaker must be present at all times and is
responsible for the maintenance of the park al: all
times.
- 106 - November 27, 1991
d) Each park shall have an office for the use of the
operator distinctly marked "OFFICE" and the outside
approach to the office shall be illuminated during all
hours of darkness.
e) The opera.tor of every park shall maintain a registry in
the office of the park indicating the name and address
of each permanent resident. Each space shall be
identified by either number, letter, or both.
f) The limits of each space shall be clearly marked on the
ground by permanent flush stakes, markers, or other
suitable means: said lot limits shall be approximately
the same as shown on the approved plans.
g) A map of the park shall be displayed at the park office
and be illuminated during all hours of darkness.
8) Spillover parking shall be provided as required for
multifamily dwellings.
9) When it is the intent of the management not to prohibit the
erection of carports or garages within the park, the master
plan shall indicate the general relationship to be observed
in locating a garage/carport and the manufactured home on
spaces within the park.
10) Manufactured home parks located in the Flood Fringe, Flood
Prone or Floodway districts shall be regulated according to
the provisions of Section 62.800.
c) Lot Development Standards: The following standards shall apply
to the development of individual lots within a manufactured
home park:
1) Space Coverage: Total coverage of any space by all
structures shall not exceed fifty (50%) percent.
2) Front Setbacks: Manufactured home shall be setback 15 feet
from the roadway surface when the shortest side of the home
fronts on the street, and 20 feet from the roadway surface
when the longest side of the home fronts on the street.
3) Exterior Storage: Storage or tool sheds may not exceed 150
square feet in size and shall be of a design approved by
park management.
4) Required off-street parking spaces may be provided on the
individual manufactured home space or in parking bays or
lots within 150 feet of the dwelling they are intended to
serve.
5) Separation: No manufactured home shall be located closer
than twenty (20) feet to another home in the park. Where
garages or carports are permitted, the separation between
manufactured homes shall be increased to twenty-five (25)
feet.
6) Setback from Property Lines: All manufactured homes shall
be setback at least fifteen (15) feet form all property
lines, and in no case shall intrude upon the perimeter
bufferyard.
d) Existing Mobile Home Parks: Plans for Mobile home parks in
existence on the effective date of this ordinance shall remain
in effect. Any amendments to an approved plan shall be
107 - November 27, 1991
processed as a Type III Conditional Use. The standards for a
manufactured home park shall be used as a guide in reviewing
amendments to an approved park plan or changes to a parr: for
which no plan exists.
e) Attached Types of Manufactured Housing: Any development
utilizing attached or semi-detached styles of manufactured
housing shall be reviewed as a Performance Residential
Development. Such developments may be permitted only in the
Developing (Medium Density Residential Area) District.
62.263 Other Residential Uses:
1) Group Residential Care: Uses shall be licensed under the State of
Minnesota Public Welfare Licensing Act and proof of such licensing
shall be required prior to zoning certificate approval.
In all districts, a day care facility serving 14 or :fewer
dependants or a residential facility serving six or :fewer
dependants is a permitted Type I use subject to meeting the
requirements for single family detached dwellings. Where single
family dwellings are not permitted, the applicable requirements
shall be those of the R-2 District.
A day care facility serving between 14 and 20 or a residential
facility serving between seven and 16 dependents is a permitted
Type I multifamily use in the R-3 and R-4 Districts, subject to the
same requirements as multifamily residential dwellings. In the R-1
and R-2 Districts, such development shall be a Type II conditional
use.
Day care facilities serving more than 20 and residential facilities
serving more than 16 dependents, are a Type III use in residential
districts subject to the General Zoning District regulations, and
setback regulations applicable to Area Accessory Developments in
the same zoning district.
2) Nursing and Personal Care Facilities and Medical Facilities: Uses
in residential districts are subject to the same General Zoning
District regulations and setback regulations which apply to Area
Accessory Developments in the same zoning district. The Zoning
Administrator may authorize additions or expansions to existing
developments consistent with the standards of paragraph 61.148 as a
Type I development.
3) Semi-Transient Accommodations: Developments shall meet the
standards . applicable to permitted multifamily residential
development, based on the computation that three rooming or
sleeping units equal one dwelling unit.
4) R-4 Multi-Family Residential Development: Multifamily residential
uses exceeding permitted density or floor area standards but
meeting all other standards shall be considered a Type II use;
developments which exceed these standards as well as other
standards shall be considered a Type III use.
62.264 Nonresidential Uses:
1) Agricultural Operations: All agricultural operations in existence
upon the effective date of this ordinance shall be considered a
permitted use and allowed to continue in operation. This includes
the raising of poultry and livestock and also existing animal
feedlots, provided that the feedlot is otherwise in compliance with
any Minnesota Pollution Control Agency requirements. It does not,
however; include a new animal feedlot. In addition, the animal
density shall not be greater than one (1) animal unit per one (1)
- 108 - November 27, 1991
acre of pasture; and any structure used for the housing of
livestock or poultry shall be located a minimum of fifty (50) feet
from any property line. Changes to the operation which have the
effect of expanding or intensifying the operation shall be
considered a Type III (Phase I only) use if, in the opinion of the
Zoning Administrator,
a) the farm is within 400 feet of any residential use and the
changes are detrimental to living conditions by reason of
creating safety hazards or the emittance of noise, odor, or
other nuisance;
b) the operations constitute an industrial type use involving the
compounding, processing and packaging of products for wholesale
or retail use involving more than five outside employees.
2) Farm Drainage Systems: A farm drainage system, flood control or
watershed structure or erosion control device, which meets all
applicable county, state, and soil conservation district
requirements.
3) office and Personal Services: Office and Personal Service
developments may be considered a Type II use if they meet all
standards except those for floor area and landscape area and are
located on a lot at least 8,000 square feet in size with a floor
area not exceeding 5,000 square feet.
4) Convenience Retail: A Convenience Retail development may be
considered as a Type II use if it meets all standards except those
for floor area and landscape area and is located on a lot at least
8,000 square feet in size, with a floor area of not more than 4,000
square feet and not more than eight employees on the largest shift.
In addition, all new convenience retail developments shall be
located at least 1/4 mile from any existing convenience retail use
and 1/2 mile from any existing neighborhood shopping center. Where
the applicant wishes; to request a variance from this requirement,
the application shall be accompanied by a market study showing that
an adequate market exists within 1/2 mile of the proposed site to
support such use. The information to be contained in the market
study shall include:
a) Identification of trade area;
b) Determination of number of potential customers in the trade
area;
c) Determine a profile of the income levels of potential
customers;
d) Estimate consumer expenditures for products offered and the
total retail demand for products in the trade area;
e) Estimate Capture Ratio/Market Penetration; evaluate the
competition; estimate market share using accepted methodology
such as: fixed share method, unsatisfied demand, proportional
method, total apportioning method;
f) Apply Capture R2Ltio to Total Retail Demand to determine volume
of business expected;
g) Prepare a cash flow forecast to evaluate feasibility of the
project.
5) Self-Service Storage Facilities: In a SSSF no storage space shall
be 'used for any commercial activity (including for-hire transfer
109 - November 27, 1991
and storage operations) , repair and maintenance activity, or any
industrial operations, and the lease contract shall include
language prohibiting the storage of flammable liquids, combusti.ble
or explosive material, and hazardous materials. Exterior areas for
the storage of recreational vehicles are permitted.
In approving an application for a SSSF, the Commission and Council
shall find that the location is suitable for such use due to:
a) the existence of natural buffers separating the site from
surrounding residential uses which will be retained as part: of
the site development, or
b) the property abuts an existing nonresidential district, and
natural .features of the site, such as shallow bedrock or :poor
subsoil conditions, make the development of residential uses on
the site economically unfeasible.
62.265 Parking Facilities: Non-accessory community parking lots may be
developed in residential districts according to the regulations
contained within this paragraph and the zoning district tables. To be
considered as a Type I use, the site shall have landscaped area ratio
equal to 1/2 the amount of landscape area required for nonresidential
uses in the applicable zoning district. All other developments are
considered a Type III use.
62.266 Other Requirements: The following requirements apply to residential
uses in the various residential districts:
1) Inadequate Dwelling Facilities: No garage, tent, trailer,
recreational vehicle, accessory building, basement or cellar :hall
at any time be used as a dwelling, except as provided for within
the ordinance under the accessory use provisions of this ordinance.
2 Lot Area in the R-Sa District: New lots for single family detached
� dwellings in the R-Sa District shall have a minimum lot size
determined by using the procedure identified in 60.444 (5) (A) (1) .
3) Storm Shelter Facilities: Any multifamily residential develo];ment
which has a density of 16 units/acre or greater shall be required
to provide storm shelter facilities meeting the following
requirements:
meet desin
inimum
a) The storm standards set hforth in Chapter 1380 f the elter facility must
the
mState Building
Code.
b) The shelter must be constructed to accommodate the following
number of people:
The shelter apace (no. of people) - 0.75 x no. of dwelling
units x 2.5 people per dwelling unit.
62.270 ACCESSORY USE - RESIDENTIAL DISTRICTS: No accessory use or structure
shall be established or constructed unless a zoning certificate
evidencing
sectioniance of such use or structure
other applicable provi ions of this ordinance he provisions
ordnance
of this sction an has
been issued.
62.271 Limitation on Establishment: No accessory structure shall be
constructed or established on any lot prior to the time of the
substantial completion of construction of the principal structure to
which it is accessory.
110 - November 27, 1991
62.272 Limitation on Use: Accessory uses in residential districts shall not
include the conduct of any business, trade, or industry, except as
provided for in this section, or any private way or walk giving access
to such activity and shall not include the boarding of animals or the
keeping of fowl or farm animals. Accessory uses or structures to a
residential principal use may include 1) garages, carports, other
parking spaces, swimming pools and tools sheds for the exclusive use of
residents on the premises and their guests; 2) summer houses or
servants quarters of persons employed on the premises, without kitchen
facilities and not rented or otherwise used as a separate dwelling; 3)
gardening and, the keeping of a limited number of household pets•
exclusively for the personal enjoyment of residents of the premises;
4) solar apparatus that +sre used for servicing the principal residence
on the lot; 5) private greenhouses for the use by residents of the
premises.
62.273 Accessory Building in Residential Districts-General: The following
general regulations apply to garages and accessory buildings in
residential districts:
1) Location: Garages and accessory buildings accessory to a
residential use may be located:
a) in the buildable lot area;
b) in the required .rear yard to within 18 inches of any lot line
of adjoining lotF: that are within a residential district, or to
within five (5) feet of any lot line separating the lot from an
alley, except in the case where the wall of the accessory
building facing an alley contains doors which will permit the
parking of vehicles or recreational vehicles within the
accessory building, in which case the setback shall be 18 feet;
c) in a side yard to within 18 inches of the lot line where the
adjacent lot is developed with a principal building and the
front wall of the accessory building is located at a greater
depth from the front lot line than the rear wall of the
principal building on the adjacent lot, or where the side yard
abuts the rear yard of an adjacent corner lot;
d) in a side yard at a setback equal to one-half (1/2) of the
required side yard setback (for new garages) or 18 inches (for
garages existing on the effective date of the ordinance) where
the distance from the front wall of the accessory building to
the front lot line is greater than 40 percent of the lot depth
and the front wall of dwellings on the adjacent lot are
developed nearer to the front lot line.
2) Accessory buildings and structures associated with a nonresidential
use shall meet all setback requirements for the principal building
on the lot and shall not interfere with providing the total
landscape requirements on the lot.
a) Coverage: When located in the rear yard, accessory structures
shall occupy no more than 35 percent of the rear yard.
b) Floor Area: The sum of the individual gross floor area of each
principal and accessory building on a lot should not exceed the
maximum floor area ratio, if any, for the applicable zoning
district.
c) Setbacks shall be measured from the wall of an accessory
structure.
111 - November 27, 1991
d) Separation of accessory structures from principal structures
shall be as required by the Building Code.
e) No accessory building or structure shall exceed the following
heights:
1) In low density residential districts - 15 feet.
2) In medium and high density residential districts - 25 feet.
f) Accessory buildings shall not be located on a utility or
drainage easement.
62.274 Location of Accessory Buildings on Corner Lots:
Accessory buildings or structures on a corner lot are subject to the
regulations of paragraph 62.273 with the following modifications:
1) The minimum setback for an accessory building in a rear yard
abutting the interior side yard of an adjacent lot shall be sic (6)
feet from the interior lot line.
2) Garages with doors providing access for vehicles or recreational
vehicles on a wall facing a street shall be setback a minimum of 20
feet from the lot line separating the lot from the street right:-of-
way.
3) On a corner lot the buildable area of a side street side yard or
the usable portion of a rear yard adjacent to a side street side
yard on the same lot within 25 feet of a lot line which is the
interior side yard line of an adjacent lot is described by a
diagonal line which at six (6) feet from the common lot line is 20
feet back from the side street lot line, and which at 25 feet from
the common lot line is setback from the side street lot line a
distance equal to the minimum side street side yard setback.
62.275 Garages, carports, recreational vehicle shelters or storage facilities
for adjacent lots may be located so as to attach across lot lines,
provided they do not constitute undesirable impediments to view
(including visibility at intersections of streets or the intersections
of driveways with streets) or increase fire hazards; and further
provided that the applicants record covenants and deed restrictions on
all properties which will abut the common lot line (zero lot line) .
Said covenants and deed restrictions 1) shall provide access to the
abutting property for the adjacent property owner and/or his
representative for the purpose of construction, reconstruction, repair
and maintenance of either side of the total property; 2) shall provide
for necessary encroachments for footings and eaves for said building;
3) shall provide for restrictions to limit changes of color, material
and design of the accessory building as to be compatible with the
attached building.
62.276 Front Yard Garage: Garages attached to and an integral part of any
dwelling unit may encroach into the front yard as provided in this
paragraph. Such garages shall maintain the required minimum side yard
setback and a minimum front yard setback of 20, for all single family
detached dwellings. For other dwelling types, the front yard setback
shall be 20 feet if the doors providing vehicle access face the street;
and 12 feet for other walls of the garage.
Detached Front yard garages may be permitted at the same setbacks
where the natural grade of a lot within the required front yard has an
average slope, to the front lot line at every point along said line, of
such a degree or percent of slope that it is not practicable to provide
a driveway with a grade of twelve (12) percent of less to a private
garage conforming to the requirement- of the zoning ordinance.
112 - November 27,, 1991
62.277 Regulations for Solar Apparatus: Apparatus needed for the operation of
active and passive solar systems shall be permitted anywhere on a lot
except for the first 15 feet of the required front yard, measured from
the lot line. Such apparatus shall not exceed the permitted height for
accessory structures on the lot and shall not cover more than thirty
(30%) percent of the front yard. Solar apparatus in any required yard
shall not be considered in determining the maximum coverage of
structures on the lot.
62.278 Detailed Accessory Use Regulations: The following paragraphs detail
additional requirements- that are placed on specific types of accessory
uses or structures due to their unique nature or their potential for
having possible adverse effects on surrounding properties.
1) Home occupations: Any home occupation meeting the following
conditions shall be considered a permitted use for which the zoning
administrator may issue a zoning certificate under the Type I
process:
a) The home occupation shall not occupy more than twenty-five
(25%) percent of the livable area of the dwelling unit or five
hundred (500) square feet, whichever is less, and it shall not
involve internal or external alterations or construction
features not normally found in dwellings.
b) No person, other than a member of the family residing in the
dwelling unit, shall be engaged in the home occupation.
c) No mechanical equipment or process is used which creates noise,
vibration, glare, fumes, odors, or electrical interference
detectable off the premises, including that which creates
visual or audible interference on any radio or television
receiver located off the premises.
d) No exterior storage of equipment or materials in connection
with the home occupation and no display of products, goods or
services which is visible from outside' the dwelling unit is
permitted.
e) The entrance to the space devoted to such use shall be from
inside the dwelling.
f) Only articles made or originating on the premises shall be
sold, unless such articles are incidental to a permitted
commercial service.
g) The traffic that may be generated by such use shall not be of
such magnitude as to have a significant detrimental effect on
the capacity of streets in the area, and any need for parking
generated by the► conduct of the home occupation shall be met
off the street and not in a required yard adjacent to a street.
h) Only one vehicle used in connection with the home occupation
shall be stored or stopped on the premises, and such vehicle
shall not be a truck, such as a dump truck, wrecker, or fuel
oil delivery truck. No advertising shall be displayed on the
vehicle in any manner, but it may identify the home occupation.
i) Only the following uses, as each are described in the following
paragraphs of section 62.140, may be considered under the Type
I process:
62.142 Offices
62.143(2) Personal Services
113 - November 27, 1991
j) No permit approving a home occupation is transferable to
another person. In addition, any permit approving a home
occupation is deemed to be valid for only the person, the
business and the location where approved.
All other home occupations not meeting the above criteria shall be
processed as Type II Conditional Use Permits. Any other home occupation
shall meet conditions 1, 3, 4, 6, and 10 listed above.
No home occupation may be approved as a Type I if it involves the use
of an accessory building or structure on the lot, except for uses
utilizing recreational facilities such as swimming pools or tennis
courts. No home occupation may use an accessory building or
structure except for minor storage if approved under a Type II
procedure.
2) Accessory Apartments: Accessory apartments are permitted in
existing one family detached dwellings if the following
requirements are met:
a) The dwelling is owner occupied.
b) One paved on-site parking space for the accessory apartment is
provided.
c) The unit shall meet one of the following criteria: a) it (shall
not exceed 600 square feet in size, or b) it shall not have
more than one bedroom.
d) Entrances for an accessory apartment in dwellings constructed
after the effective date of the ordinance shall not be placed
on the building front; no new entrances shall be established
along the building front of an existing dwelling to serve an
accessory apartment.
e) The total number of adults that may occupy an accessory
apartment is two.
f) An accessory apartment may not be established where a home
occupation is already located on the property except through
approval of a Type II Conditional Use Permit.
3) Boarders: In the R-3 and R-4 Districts a dwelling designed as a
one family dwelling and utilized as a rental unit may be used to
house the number of individuals approved by the housing official,
with the stipulation that one additional off-street parking apace
is provided for each sleeping unit beyond the fourth.
4) Rear Dwellings: In the R-1 or R-2 district, a building to the rear
of an existing principal building may be used for residential
purposes only if it conforms to all the lot area, yard, landscaping
area and off-street parking requirements of the zoning ordinance.
For the purpose of determining the front yard in such case, the
rear line of the required rear yard for the principal building in
front shall be considered the front lot line for the building in
the rear. In addition, there must be provided for any such rear
dwelling an unoccupied and unobstructed accesswry to a public
street of no less than eighteen (18) feet in width.
5) Private Swimming Pools and Tennis Courts: No swimming pool or
tennis court shall be allowed in any residential district unle:as it
complies with the following requirements:
a) The pool or court is not operated as a business or private
club, except when allowed as a permitted home occupation.
- 114 - November 27, 1991
b) It shall not be: located in any required front or required side
yard, and shall not be closer than ten (10) feet to any
property line of the property on which it is located. Pump and
filter installations for pools shall not be closer than twenty
(20) feet to any property line.
1) For a below grade swimming pool, the pool or the property
upon which said pool is located, shall be enclosed by a
fence of a type which effectively controls the entrance by
children to the pool area, said fence to be at least four
(4) feet in height. Wooden fences with boards placed
vertically shall not have any opening wider than four (4)
inches per opening and wooden fences with boards placed
horizontally shall not have any opening wider than one (1)
inch. per opening.
2) Gates installed for access to the property or pool area
shall be equipped with an automatic closing and latching
device to protect against uncontrolled access to the
property.
3) For an above grade swimming pool, the pool shall be
equipped with an automatically retractable type ladder, a
retractable ladder, or a removable ladder or shall be
fenced in accordance with Paragraph 62.278(5,b,1) said
ladder to be removed or retracted when said pool is not
being attended.
4) If access to the pool is via a deck or porch, then no
access from the ground is permitted to the deck area unless
the property or the ground access to the deck is fenced in
accordance with Paragraph 62.278(5,b,1) .
5) It shall be the responsibility of the property owner upon
where said pool is located to maintain all fences, gates
and closure devices in good operating condition.
6) Failure to maintain fences, failure to have gates closed,
or failure to either remove or retract the ladder access to
the pool shall constitute a violation of the Zoning
Ordinance and therefore be subject to the penalties
contained therein.
c) Enclosed Pools and courts shall be considered to be structures
for purposes of regulations limiting lot coverage.
6) Fuel Tanks: An accessory fuel tank may be permitted in any zoning
district for the purpose of heating on-site structures. Such fuel
tanks shall be located in the buildable area of the lot or the
required rear yard, subject also to the fire protection
regulations, and shall be screened from adjacent properties with
low hedges, evergreens or other plant materials in association with
a fence.
7) Recreational Vehicle Parking: The parking and storage of
recreational vehicle and recreational equipment on a lot is
permitted subject to the following restrictions:
a) Parking and storage is permitted at all times within an
enclosed building or within the rear yard;
b) Recreational vehicles under 18 feet in length and 7 feet in
height, or recreational equipment under 18 feet in length, may
be parked in a driveway or a required side yard meeting the
provisions of Paragraph 63.455, on an unlimited basis between
April 15 to October 15;
- 115 - November 27, 1991
c) Other recreational vehicles or recreational equipment shall not
be parked in any driveway, side yard or on a street for more
than four days during any seven day period.
8) Related Service Facilities: "Related service facilities" are
accessory uses which include: snack bars, restaurants, cafeterias,
and other eating establishments; barbershops, beauty shops, gift
shops, newsstands, office supply sales, duplicating services, and
similar retail stores and services; swimming pools, tennis courts,
playgrounds, playfields, meeting rooms, exercise rooms, saunas,
gymnasiums, and similar recreational facilities; dispensaries and
similar health care facilities; and self-service laundry and dry
cleaning drop-off facilities. It does not include adult
entertainment or uses which are allowed as a general use in the
district. No permit shall be issued for a related service facility
unless:
a) The facility is accessory to a principal use which provides
living facilities, employment, or overnight accommodations for
a significant number of persons, such as a multifamily
dwelling, office or institutional building, manufacturing plant
or research facility, or hotel.
b) The gross floor area of all retail and service facilities
within a multifamily dwelling shall not be greater than tweinty-
five (25%) percent of the gross floor area of all the dwelling
units therein or 4,000 square feet, whichever is the leFiser.
All facilities located within a dwelling in the R-4 District or
Central Development Core are exempt from this requirement.
c) The facility shall be operated only for the residents,
employees, or guests of the principal use and their guests.
When provided in the R-4 District or Central Development Core,
such facilities are exempted from this requirement and may be
open to the public on a fee or other basis.
d) In the R-1, R-2 and R-3 Districts, the facility shall not have
direct outside access through a wall by way of a door. No
storage, or display shall be visible from outside the building.
When provided under the density bonus provisions of the high
density residential districts, retail sales and service uses,
indoor recreational facilities, restaurants, theatres,
nightclubs, and similar entertainment uses, and health care
facilities are exempted from this requirement.
e) Permitted signage shall not exceed Standard R in the R-1 or: R-2
Districts, or Standard A in the R-3 or R-4 Districts, as
defined in Section 63.220
9) Management and Sales office: In any Performance Residential,
Multi-Family Residential, or Manufactured Housing development: one
dwelling unit may be devoted to use as an office for management of
the development or as a headquarters for sales of other dwelling
units in the development. One freestanding sign not to exceed six
(6) square feet in size shall be permitted for identification
purposes. Off-street parking equal to that required for office
uses shall be provided.
62.280 SPECIAL RESIDENTIAL SETBACK PROVISIONS: This section identifies unique
yard or setback regulations applicable to certain types of residential
development
62.281 Side Yard Reduction: One side yard for a single family detached
dwelling or duplex may be reduced below the requirement for side yard,
least width, specified in the zoning district tables when the following
conditions are met:
116 - November 27, 1991
1) The sum of the reduced side yard and the opposite side yard shall
meet or exceed the requirement for side yard, sum of least width,
specified in the zoning district table for the applicable zoning
district.
2) Where an existing dwelling on the lot adjacent to the reduced side
yard is located closer than the requirement for side yard, sum of
least width, specified for that use a minimum building separation
of 12 feet must be maintained between dwellings.
3) Where an applicant is developing multiple adjacent lots under the
regulations of this paragraph, the minimum building separation
between dwellings on adjacent lots under the applicants control
shall be 10 feet.
4) No dwelling developed under the regulations of this section shall
be located closer than five feet to an existing accessory structure
or garage on the lot adjacent to the reduced side yard.
5) The. applicant shall record or cause to have recorded a covenant or
deed restriction on sill properties which abut the reduced side yard
which provide for the establishment of an easement four feet in
width adjacent to the structure (which may be split between the
adjacent properties), which shall provide 1) rights of access to
the abutting property for the purpose of construction,
reconstruction, repair and maintenance of the building with the
reduced side yard; 2) provides for necessary encroachments of
footings and eaves onto the adjacent property within the easement
area.
6) No garage or other accessory structure shall be placed upon the
easement area once established and recorded.
62.282 Cluster Development: The Cluster Development provisions are intended
to provide an optional net of development regulations for owners who
wish to create a subdivision utilizing common areas of land while
retaining the overall density that would have been realized if the site
had been subdivided into conventional size lots. The purpose of these
regulations is to permit the preservation of natural drainage systems
or significant natural features, in their natural state, or to permit
the creation of common, usable open spaces which are accessible to all
residents of the development. The following regulations shall apply to
cluster developments:
1) Type of Buildings: The cluster development provision may be used
in subdivisions intended for single family detached dwellings or
duplexes.
2) Minimum Site Area: The minimum site area for a cluster development
shall be equal to the square footage figure obtained by multiplying
the minimum lot size for the type of unit contemplated by a factor
of three.
3) The maximum number of units permitted in a cluster development
shall not exceed the number resulting from dividing the total area
of the site by the minimum lot size required in the applicable
zoning district for the dwelling unit type to be used.
4) Individual lot areagi and frontages may be reduced by up to 50
percent from normal ordinance standards in a cluster development.
5) Common area shall be equivalent in size to the total reduction in
lot areas.
117 - November 27, 1991
6) Spacing between buildings will be determined by using the
performance residential setback requirements of paragraph 62.283.
7) Lot coverage on individual lots within a cluster development by all
structures may not exceed 75 percent; total coverage within the
development shall not exceed normal zoning district requirements.
8) A minimum of 240 square feet of private open space in one
consolidated area shall be provided for personal use on each
individual lot.
9) A coordinated front yard landscaping plan shall be developed for
all lots within a cluster development
10) Yards along the perimeter of the development shall meet the
requirements for non-clustered developments.
11) Cluster Developments will require approval of a Type II Condit ,onal
Use Permit in addition to the applicable platting procedure
required for the creation of new lots within the subdivision.
62.283 Performance Residential Setbacks: Performance residential eetbacks
utilize the concept of exposure to determine the separation that is to
be maintained between the wall of a building and a lot line or another
building. To determine the required setback from a wall, the following
procedure should be followed:
1) the exposure rating of the wall should be determined (Class IL, B,
C, D, or E as defined).
2) refer to paragraph 62.284, Table of Performance Setbacks, to
determine the setbacks based on the applicable zoning district,
3) Where performance setbacks are utilized, they shall in no caul be
less than the minimum yard requirements identified in paragraph
62.284.
4) The use of setback areas is governed by the same regulations
applicable to yards found in this ordinance.
5) The setback shall be measured on a horizontal plane at grade.
6) Where courts are created by facing walls of the same building or
different buildings on the same lot, the minimum separation between
walls shall be equal to the sum of the performance setbacks.
- 118 - November 27, 1991
PARAGRAPH 62.284
TABLE OF PERFORMANCE SETBACK REQUHUWENTS
CATEGORY ESTABLISHED DISTRICTS DEVELOPWO MIXED
OF LOW DENSITY REDEVELOPMENT
REQUIREMENT R-Sa R-1 R-2 _ R-3......: Rom:: DESIONATIONMRD::»::»::>;:<:::>.
.S Minimum Front Yard 35' 25' 20' 20' 15, 20' 20'
Minimum Side and Rear 6, 5, 6
Yard,Exposures A-D 10, 8'
6' 6'
PERFORMANCE SETBACK
REQUIREMENTS
Class A Exposure 18'plus 2' 15'plus 2' 12'plus 2' Same as R-2 10'plus 2' Same as R-2 Same as R-2
I for each story for each story for each story for each story
w plus l'for plus 1'for plus I'for plus 1'for
each l5'of each 15'of each 15'of each 15'of
t building length budding length building length building length
Class B Exposure IT plus 1' 10'plus 1' 6'plus 1' Same as R-2 4'plus 1' Same as R-2 Same as R-2
for each story for each story for each story for each story
plus I'for plus I'for plus l'for plus 1/2'for
each 20'of. each 20'of each 20'of each 20'of
building lea building length building length building length
Class C Exposure 12' 10, 8' 8' 3'plus I'
for each story
o plus 1/2'for
e each 20'of
gbuilding length
m
n
N Class D Exposure 10, 8' 6' 6' 6' S' 6'
r
Class E Exposure 0' 0' 0' 0' 0' 0' 0'
62.285 Modifications to Performance Setback Requirements: The following
paragraphs identify permissible modifications to basic performance
setback requirements:
1) Where a wall is not a Class A Exposure and contains less than 25
percent of the total required glass area of a dwelling unit, up to
1/2 of the minimum required performance setback may be in the
adjacent half of an abutting street or alley right-of-way.
2) Where a wall contains 25 percent or more of the total required
glass area of a dwelling unit, up to 1/2 of a minimum required
performances setback may be provided for by adjacent public open
space.
3) Equivalent Spacing Alternative: As an alternative to providing the
required yard or setback for each exposure on its own lot, owners
of adjoining property may agree (and shall make such agreement in
the form of deed restrictions and covenants) to an arrangement of
buildings on their respective lots which accomplishes the same or
greater separation between such buildings then would have been
accomplished by the requirements of paragraph 62.284. Buildings
constructed in accordance with such agreement shall be considered
to satisfy the requirements for performance setbacks, and the
normal side and rear yards shall not be required. Such agreements
shall provide access for servicing and maintenance of dwelling
units, and for the safe conduction of stormwater drainage off the
site to the stormwater drainage system in place. The provisions of
this paragraph shall be restricted only with respect to Class A
exposures, which in all cases shall be located on the same lot as
the dwelling unit.
4) Side Yard Access: When setbacks functioning as side yards are
utilized to provide an access drive for a principal building or
structure in the rear or on another lot the access drive shall be
treated similar to a alley in that up to one-half (1/2) of a
minimum required performance setback may be located in the access
drive width. This shall only apply to walls containing less than
twenty-five (25%) percent of the total required glass area of any
dwelling.
62.286 Yard and Setbacks for Multifamily Residential Uses Over Three Stories:
Multifamily dwellings over three stories in height shall be required to
provide a minimum yard area at grade and, in addition, shall, meet
designated setback requirements at any given height based on the
regulations of the paragraph. The yard and setback requirements are as
follows:
120 - November 27, 1991
1) Minimum Yard Requirements:
R-3 District R-4 District
Up to Over Up to 30-65 66-100 Over
Height 30 feet 30 feet feet feet feet 100 feet
Front Yard 20 25 15 15 20 25
Rear Yard 6 12 6 8 10 12
Side Yard 6 EI 6 8 10 12
2) Setback Requirements: At any given height a setback shall be
provided as determined by the following formula:
X - Y divided by (tangent >), where X - Required Setback
Y - Height
> - Required Setback Plane
Angle
The required setback plane angles are as follows:
CDC-R
R-3 District R-4 District
Front Lot Line 65 degrees 70 degrees
Rear Lot Line 60 degrees 68 degrees
Side Lot Lines 65 degrees 65 degrees
3) Setback Plane Modification: The Zoning Administrator may permit a
structure to penetrate a required setback plane if the penetration
is compensated for by increasing the setback plane along the
opposite lot line. The amount of compensation shall be a reduction
in the setback plane along the opposite lot line equal to two times
the degree of penetration.
121 - November 27, 1991
62.300 NONRESIDENTIAL ZONING DISTRICT TABLES:
The Zoning District Tables within this article contain the basic lot development standards and site appearance controls applicable
to uses in any of the Nonresidential zoning districts established by this ordinance.
62.310 B-1 RESTRICTED COMMERICIAL DISTRICT
This article lists the standards applicable to uses allowed in the B-1, Restricted Commercial District
62.311 B-I GENERAL ZONING DISTRICT STANDARDS
The following table identifies the general zoning
district standards applying to uses in the B-1 Zoning District
Maximum Floor Area Ratio: Minimum Setbacks:
t Type I Development: 0.50 Required Front Yard: 15 feet
N Under Incentive Development Provisions of 62.600: 2.00 Minimum Required Side Yard: 0 feet
Minimum Percentage of Landscape Area: 12% Minimum Sum of Side Yards: 0 feet
t Maximum Permitted Height: 30 Feet Minimum Rear Yard: 0 feet
Exceptions to Height Regulation found in Par. 60.424(6) Transitional Front Yards: A front yard or side
Minimum Lot Size: None street side yard equal in width to the front yard
Minimum Width at Building Line•• None required in the adjacent residential zoning district
shall be provided on any transitional lot.
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125 - November 27, 1991
62.320 B-4 GENERAL COMMERCIAL DISTRICT
This article lists the standards applicable to uses permitted in the B-4,General Commerical District.
62.321 B-4 GENERAL COMMERICAL DISTRICT-GENERAL ZONING DISTRICT STANDARDS
The following table identifies the general zoning standards applicable to uses in the B-4 Zoning District.
Maximum Floor Area Ratio: Minimum Setbacks:
Type l Development:0.50 Required Front Yard: 15 feet
Under Incentive Development Provisions of 62.600:4.00 Minimum Required Side Yard:0 feet
Minimum Sum of Side Yards:0 feet
Minimum Percentage of Landscape Area: 10% Minimum Rear Yard:0 feet
Maximum Permitted Height:40 Feet
Exceptions to Height Regulation found in Par.60.424(6)(A)Transitional Yards: A front yard or Side street
Permitted Design Modification found in Par.60.424(6) side yard equal in width to the front yard
t required in the adjacent residealal zoning
Minimum Lot Size: None disttrict shall be provided on any transitional lot.
N
T
t Minimum Width at Building Line:None
Night operation:Buildings customarily used for night
operations,tech as bakeries or milk bottling,shall not
have any openings other than stationary windows or
required fire exits within 200 feet of an R-district.
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129 - November 27, 1991
62.330 B-5 RESIDENTIAL COMMERICIAL DISTRICT
This article lists the standards applicable to uses allowed in the B-5,Residential Commercial District
62.331 B-5 GENERAL ZONING DISTRICT STANDARDS
The following table identifies the general zoning
district standards applying to uses in the B-5 Zoning District
Maximum Floor Area Ratio: Minimum Setbacks:
Type II Development: 0.25 Required Front Yard:25 feet
Under Incentive Development Provisions of 62.600: 0.50 Minimum Required Side Yard: 10 feet
Minimum Percentage of Landscape Area: 15% Minimum Sum of Side Yards: Not Applicable
Maximum Permitted Height:24 Feet Minimum Rear Yard: 10 feet
t Exceptions to Height Regulation found in Par. 60.424(6) Special Restricted Development Provisions:
~' Minimum Lot Size: None Maximum Floor Area Ratio:0.25
W
Minimum Width at Building Tine: None Only Permitted Types of Restricted Development
t Convenience Retail Use
Repair and Maintanence Shops
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131 - November 27, 1991
62.340 M-1 MIXED COMMERCIAL-INDUSTRIAL DISTRICT
This article lists the standards applicable to uses
permitted in the M-1, Mixed Commercial-Industrial District.
62.341 M-1 GENERAL ZONING DISTRICT STANDARDS
The following table identifies the general zoning district
standards applying to uses in the M-1 Zoning District.
Maximum Floor Area Ratio: Minimum Setbacks:
Type I Development: 0.50 Required Front Yard: 25 feet
Under Incentive Development Provisions of 62.600: 4.00 Minimum Required Side Yard: 0 feet
Minimum Sum of Side Yards: 0 feet
Minimum Percentage of Landscape Area: 8% Minimum Rear Yard 10 feet
� �*11TQTE� Raver-:Yard say ba taduced to 0 foc.1
W Maximum Permitted Height: 50 feet within 200 feet of wban atiutttn ralt+paA`tb o
N
� Residential District; elsewhere-No Limit. Transitional Yards. A front yard or side street side yard
Exceptions to Height Regulations found in Par. 60.424(6)(A) equal in width to the front yard required in the adjacent
Permitted Design Modification found in Par. 60.42
i 6) residential zoning district shall be provided on
'K
any transitional lot.
Minimum Lot Size: None
Night Operation: Buildings customarily used for night
Minimum Width at Building Line: None operation,such as bakeries or milk bottling, shall not
have any openings o nin s other than stationary windows or
required fire exits within 200 feet of an R-district.
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62.350 M-2 INDUSTRIAL DISTRICT
This article lists the standards applicable to uses permitted in the M-2, Industrial District.
62.351 M-2 GENERAL ZONING DISTRICT STANDARDS
The following table identifies the general zoning
district standards applying to uses in the M-2 Zoning District.
Maximum Floor Area Ratio: Minimum Setbacks:
Type I Development: 1.00 Required Front Yard: 25 feet
Under Incentive Development Provisions of 62.600: 3.00 Minimum Required Side Yard: 0 feet
Minimum Rear Yard: 10 feet
Minimum Percentage of Landscape Area: SS6 *fNQTE Rain Ygq fluty bo r+oduc�od la 0 feet when
•bt�ttmg tailr+aad trackage ,
Maximum Permitted Height: 50 feet within 200 feet of a
Residential District; Elsewhere-No Limit. Transitional Yards: A front yard or side street side yard
° Exceptions to Height Regulations found in Par. 60.424(6)(A) equal in width to the front yard required in the adjacent
i
Permitted Design Modifications found in Par. 60.424(6) residential zoning district shall be provided on
any transitional lot.
Minimum Lot Size: None
Minimum Width at Building Line: None
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62.352 M-2 SITE APPEARANCE STANDARDS COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identities for users
of the ordinance the primary section in the ordinance where regulations for that
The standards in this table identify the site appearance category of standard will be found.
standards applying to uses in the M-2 Zoning District. The Row labeled NOTES identifies additional paragraphs in the ordinance that apply
to the particular allegory of standard under which they are listed.
ABBREVIATIONS/SYMBOLS in the table:
rX stands for'percentage'
GTkRitIRY APPEARANCE CONTROL STANDARDS
OF Liu Appiksbde
fANDARD Of Use Detailed Additional Hour
Landscape Exterior site REQUIRED OFF-
Regulations Regulations of Exterior Sign Material Storage Location Sufferyard STREET PARKING
Permitted Uses Type Reg g�
Operation Ligbting Regulations Point Bane Regulations Requirement indicator
PRIMARY PARAGRAPH PARAGRAPH FARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH rARACdU1PN PARAGRAPH SEE DEFINITION OF OFF-STREET
tFtJllill 62.111 62.112 62.115 62.131 62.132 62.133 62.133 62.134 62.121 62.123 PARKING AND rARAGRAPtI 62.121
Description of each RK�ri� Primarily
NOW Use category found
Round in found in section Section Section Section Section section Regulations for off-.rat
in Sec���62.140 Sec.62.390 Par.62.266 63.210 63.220 63.230 63.210 63.250 63 260 part►og m Sauao 63
Oflke E C S T VI 1 FE+�Aro+:rR F.A.
Dust="Service 1 E C S T VI ►PER200 SQFT F.A.
Repairt Maintensnee I E C S T,S,40% VI 1 PER 300 SQFT F.A.
N I E C S T VI I SPACE PER 3 STUDENTS PLUS
Educational Service
lJ I SPACE PER EMP.AT MAXIMUM
a
CLASS A7TENDENCE PERIOD.
1
A E C S T K VI I SPACE PER EMPLOYEE of LARGEST SHIFT
Day care Facility
I E C S T VII 1 SPACE PER 6 PERSONS.]LASED ON
Membership org.
MAXIMUM CAPACITY OF BUILDING
Veterinary service 1 62.383(3) E C S T VI 3 PER PRINCIPALICA rAL MEDICAL PROFESSIONAL
Auto Maintanence Service I E D S T,S,90A, VII 3 SPACES PER REPAIR SAY
Auloaaotive Repair services 1 I fi D S T,S,90K, VIII 3 SPACES PER REPAIR RAY
Auto center 1 62.383(1) E D S T,S,90Tr, VII 3 SPACES PER REPAIR]LAY PLUS
1 SPACE PER 100 SQFT RETAIL F.A.
Cat wash (SEE RL•1 UNDER DRIVE-IN SELOW)
x Ears Food Restaurant I E C S T E VII 1 SPACE PER 3 SEATS PLUS I SPACE
0
PER EMP.ON LARGEST WORK SHIFT
C
>` standard Reuaunnt 1 E C S T VII 1 SPACE PER 6 SEATS PLUS 1 SPACE
PER EMP.ON LARGEST WORK SHIFT
►1 E C S T,$,90Xi VI I SPACE PER 150 SQFT F.A.DEVOTED
N ... Transportation Service I
v TO CUSTOM SERVICE PLUS i SPACE
PER RENTAL I COMPANY VEHICIB
1+
�D
w►oleulius I E D S T,A E VII 1 SPACE PER 2 EMP.ON LARGEST SHIFT
F+ OR I200 SQFT F.A..wx1CI1EVEIt 1s
GREATER,PLUS I SPACE FOR EACH COMPANY
VEHICLE STOREDIPARKED ON SITE.
Railroad TransportationI E D NA T,S,909G E }� I SPACE PER 2 EMT.ON LARGEST SHIFT
—cam.
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- 138 - November 27, 1991
62.352 M-2 SITE APPEARANCE STANDARDS COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users
of the ordinance the primary section in the ordinance where regulations for that
The standards in this table identify the site appearance category of standard will be found. that apply
standards applying to uses in the M-2 Zoning District. The Row labeled NOTES identifies additional paragraphs in the ordinance
to the particular category of standard under which they are listed.
ABBREVIATIONS/SYMBOLS in the table:
% stands for"percentage'
CAIVr"V APPEARANCE CONTROL STANDARDS
W.
or List Applicable
FrANDARD or Use Dcuikd Additional Hours I ndscapa ExteriorExterior Site STREET PARKIN REQUIRED OPP-
G
Penniucd Uses Typo Regulations Regulations or Exterior Site Material Storage Location Bufferyard
Operation Lwdft Regulations Point]Man Regulations Requirement Indicator
PRIMARY PARAGRAPH PARAGRAPHI PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH SEE DEFjNrnOH OF OFF-SIREEr
62.111 62.112 62113 62.131 62.132 62.133 62.133 62.134 62.124 62.125 PARMNO AND PARAGRAPH 62.121
Dcacd;clon of each RellWalloas PrLnmft
Use category found round is Ommil In section section section Section Section Section Regulations for Off-street
la Section 140
See.62.300 63.210 63.220 63.230 63.240 63.250. ;;.... . 63.260 part. ft in Section 63.400. ........
:00.. ...... ..............
Vil
SAMIAS AS FOR Aj%H!ktAL HUSBANDRY
Support
VI JALOR As FOR ANIMAL HUSBANDRY
Area Accessory Development 1 62.930 62.933 E C S T 62.136 ut SEE PARAGRAPH 62.933
Drive-h Facilities Based on 62.383(2) STACKING FINANCIAL INSTITUTIONS:I INBOUND I OUTBOUND SPACE/LANE
yins REQUIREMENTS RESTAURANTS(PAST FOOD):SAME AS FINANCIAL INSTITUTIONS
use type APPEARANCE CAR WASH(MANUAL):3 INBOUND A 2 OUTBOUND SPACES PER DAY
CONTROLS BASED ON CAR WASH(MACHINE):10 INBOUND A I OUTBOUND SPACE PER DAY
UNDERLYING USE TYPE OTHER USES.3 INBOUND&I OUTBOUND SPACE PER SERVICE LANE
0
M
%D
62.360 MRD YI: HUMAN SERVICES CAMPUS
This article identifies the zoning district standards applicable in the Human Services Campus Muted Redevelopment District.
COMMENTARY:
62.361 MELD#1: HUMAN SERVICES CAMPUS The Row labeled PRIM REFERENCE at the top the chart tthat hatidentifies for users of the
GENERAL ZONING DISTRICT STANDARDS ordinance the primary section in the ordinance where regulations for t category of
standard will be found.
The following table identifies the permitted uses and general The Row labeled NOTES identifies additional paragraphs in the ordinance that apply
zoning district standards which apply within MRD 01.the Human to the particular category of standard under which they are listed.
Services Campus Mixed Redevelopment District. ABBREVIATIONS I SYMBOLS in the table:
%stands for'Percconals e'
GTEGoaY Lit Applicable DENSr1Y FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted
c(Ly ti of 1<of Maximum REQUIRED OFF or Of Use Detailed Additional STREFf PARYINO
TANDMD Use Gtcgoric. 'type Regulations Rcgu4tiana TYPE t-TYPE u-TYPE In TYPO :..TYPE'.; or Landscape Recreation "tight
DENSMES I III Site Area(S) Area Space is feet)
FRIYARY PARAGRAPH 62.111 tARAGRAPII ►ARAGRAIH PARAGRAPH PARAGRAPH PARAGRAPH DEFINMON OF PARAGRAPH pF,ytNrilON SEE pEFIN(l/ON OF OFF-SIREET
SECI'IO MPH 62-1 62GR 62GR 62.114 62.115 62.116 LANDSCAPE AREA 62.116 OF HEIGNr PARK1NO&PARAGRAPH 62.121
Description of each Regulations Primarily FOR TYPE W DEVELOPME For For Defmilim General Dental Exceptions
found in SEBINffN77VE PROVtt10 Permuted Incentive of Lot ASin Regu
lations Regulations 10 Standards Regulations for Off-tutu
Noma Use category found found is
62.264 Par.62.266 OF SECTION 62.600 Uses Development in Mapter 6D see 63,130 Sea 63.140 see 60.M4 w as la tiO°63 400
is Section 62.140
VAR 62.261 62.266(1) 10.00-16.00-21.78 15000(S) 40% 16Si 35 aPER NtW vWZ1 �O WaT
;a.. Parformaoee Ltesidestial 15000(S)
62.331 1 62.266(l) 40Si l4Si 35 I PER MIT FOR araclEerclu a
xF;:;;:;Multi-Padiy RaW O ONs RED110016 mars
62.126
1 In Fu a aecaoo66 UNIT
O
a rEa 1 samoo66 Isar
1 rrs 1.lEDROON UNIT
6000(L) 40% 35 I RACE FaD6rIOY{aONWOtaramFr
Grow ResWwialcue VAR 62.263(l) 62.266(1) etus ONE*Ace rPasAIDS
k> `' elites 0.35 1.00 20% 24 1 PEA 60o>Qpt FL OM AREA
0.35 1.00 20 24 I PER 4ca 2QrT ROOa AREA
Service I
0.40 1.00 20% 24 1 PER a STUDWTa PLUS I:ACE
seaI
+ .ii'sas
LARGEST CLAM ATTFNOLNCR rF2g00
0.35 1.00 2055 24 1 Tea 60D aprr n.00a AREA
CamisskatieY 1
:s>.`4?: '. ; 0.35 1.00 25% 24 1 ru a EIOLOYu aN utot sr aarPT
o ;i:i:; Light industrial II or!A
OR 13W OWT P.A..WIaCREVER Y nsaATEA
..5;:::4y:
nw aN rot aACH caruANY vemcts
� rARsaU on rinaeU as THE nEaaaEs
rt
0.35 1.00 25% 24 aA1u As rot uoaT INDUSTRIAL Research 6t Testing [I Or III
�l 1 .40 1.00 24
0 2056 1 PER ash sore ttiooa AREA
:.:Agricultural I 0.25 0.50 2056 24 IfAcsPansut'I.oYEEONuaoErr
W stare PLUS I lrwcE Pan goo SQrr
F+ X.
Or FLOOR AREA PAVOTRD TO cusra66ra
AND=-,Me
"rung Facility 1 62.3g5 20%
a Accessory Dvlpmnt I 62.930 62.93 1.00 62.932 20Sg 5 su rAuoRArR 6a r
62.362 MRD/1: IiUMAN SERVICES CAMPUS SITE APPEARANCE STANDARDS
The standards in this table identify the site appearance standards COMMENTARY:
applying to uses in MRD 01.the Human Services Campo+ The Row labeled PRIMARY REFERENCE at the top of the chart idenaws for users of the
Mixed Redevelopment District. ordinance the primary section in tie ordinance where regulations for that category of
standard will be found.
The Row labeled NOTES idca Wks additional paragraphs in the ordinance that apply
to the particular category of standard under which they are listed.
ABBREVIATIONS/SYMBOLS in the table:
Stnd is the abbreviation for'Standards'
UM SEMACYS Minims APPP.ARANCS CONTROL STANDARDS
GT40tltY
width
or Of Sid, Ifisimush Misimuas at noun Lsad'uP° .. ...Fsterior Site
ANUAto Use Categories Required Material Stange Loeatias Buffcryard
From Yard Sun of Rear Butdug of Eaerior Sign
Reguladam Point Base Reg"ans Rcqucrcmem Indicator
Yard lust Willi Side Yards Yarn LJoe OperaUoa ljttatat PAtAcIArH
ttilstAatr FAIAGRAM PARAGRAPH FAUGRAMI rAttAtilArH PARAaurH PARAGRAPH rARAMAPH 1PA"GRAMt rARAMAPH rARAatA►H rARAGWH
f2.i11 :2.tl�l1 f7•!!4^! p.110(1) 62.122 62.131 62.122 f2.133 62.135 62.IN 62.124
f2.12i
Dcwrwti=of tack Section Secdae Calculation Secum Seetioe To Determine Requited Buffer
NOW Use category food Ocaeral Yard Requirements in 63.100
used i0 63.IZG1
63.210 f3.Y2D is 63.430 63.210 63.250 ace Section 6).260
Hii.. �J� Ylra ..:�.�:........v..................:.:;:4:,:.,;::::,;:xr.;.>':•s:;'::<;}}:?:::+i:::::Si:{:?i:;�;x:::;x>x:::i:f:?Y?,'?:.
ow Yards e ...... .....................:.:......::v.,:�:•;.. 'n::Cx;.'<. .n..„:, ,:: :Ch':;•„C.x'CJ.J :�C.3
........ ..........:::n..... ........:v:....., ..::..., .\.. ,y.,:Z...J.v....x,Y.,.. ..y...f. .. ,. , 22,, Q:• ..sxi:?::;4s}:y:K .�ti}x>:}:�:.v^.v.v
............ .....:.:::::...::.:....v,v ::.v,,:...,.... w.v x„•. �:. :.<..,:}:.c.<. xC. , ..,.,v,• s::�n:. .,<•,..,..:•:.CS,.<. C,F. a ,�;{xK: f�s•x}" .0 .�'�::`i
.::::..,.�::....::.:::::. .....,..;. .,,...:n,•,.J,.'.:•.c�:: ?:::i..{•,::�?.v::Y.^:..S::x..:....J.. ;•.}3�+r�J.}x•.. � ..Lx,..:xs>.sx::.:.::,...cis:x•.i'
xC:^f.<{?v.4?:::.v.. �+�[j[(. C.CT•..,/�i.v.....{ :S.... {x:C:^:4tl:i xxi:W;•:C.,x:�i:;C:.n..nv.h.
ri.l fE2i PARAaAMu f2.293-f2.20 FOR REpUIRMEXTa
t 30s; PertososeeeRssiec— R R IS.S T IV
SEE FARAGiAMt f2.2".M Fell REGUQEsat M
MuHi-PamHy Reaid. IS.S R III
►�+ `}"> <` Rasde't�Cafe sAsaH As Fat oosuAtAta�REaloExrtAL tars
R R
IS 10 B B 12 T E V
$ g V
`< ;<< is 10 g B B 12 T E
z><<> Dudeew Service B B 12 T E V
Pduceda d Service 1S 10 3 B B 12 T E V
15 10 VI
rrri.l 20 IO 12 B B 12 T,S,SO% E VI
i :s>: Light
< Yu"k;' 20 10 12 B B 12 T.A E
c'FSrc llcssarci!Test4tg IV
< ``2' is 10 g B 8 12 T D
Y�z Siii 3 indoor Roemstiae V
g C B 8.5 T.S.110>< E
s. < >:;i Agriealsual Servkes IS 10 p VI
is 10 g B R 12
X- P"tis P'euiey B B 12 T.A 62.936 IV
" .Area Aeeeemy Dvivead 20 10
!2
x
0
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ICI - -- - - ---
62.370 AGRICULTURAL DISTRICT
This article lists the standards applicable to uses allowed in the AG District.
COMMENTARY:
62.371 AG GENERAL ZONING DISTRICT STANDARDS The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the
ordinance the primary section in the ordinance where regulations for that category of
The following table identifies the general zoning standard will be found.
district standards applying to uses in the AG Zoning The Row labeled NOTES identities additional paragraphs in the ordinance that apply
District. to the particular category of standard under which they are listed.
ABBREVIATIONS/SYMBOLS in the table:
X stands for' rcenta e'
CAT EX" Lid Applicable DENSITY FACTOR n.00R AREA RATIO Mlslmum Minimum Midmum Permitted
Of Ura DctdW AdditionalLot Sac(L) %of %of Maximum
"' REQUTRFT)OFF-
Permitted 11406tfaoa TYPE 1 TYPE n-TYPE TH TYPE TYPE or landscape Rccrcatiat HcigW
rANDAaD Permitted Urea Type Regina Space (in feet) STREET PARKING
DENSITIES1 III Site Area(S) Area P
MniARY PARAGRAPH 62.111 PARAGRAPH PARAOaAPI PARAOaAPN PARAGAPH PARAGRAPH DE INTTWH OF PARAGRAPH DEFINITION SEE DEFNITION OF OFF-STREET
SECrloH 62.140 f2.112 $2.113 62.114 f2.l Is 62.116 LANDSCAPE AREA fi.l It OF HEIGHT PARKING AND PARAGRAPH f2.121
Deacriptias of each ReEulatkn PrimarHy TYPE ill DEVELOn dENr For For Definition Oeoerfl General E�eeeptlam
1 louod is APPROVED TMOl1GH REQ. Permitted Incentive of Lot A Site Re=ulatiaas Regulation to Sundard RegulationsSection for -Ond
NO78t Use category fauod farad itin
E. is Section 62.140 Sec.62.260 Par.62.266 of SECTION 62.6w Urea Development in Chaptu 60 See 63 130 See 63 1�0 Par.60.4N Wing
3S 2 PER
NEW DwI1lW0 UNIT
f single Pamlly Deuchcd 1 62.266(i) 35 ACRES
Agricultural Operation I 2.264(1)(2
Public of private part 1 62.356(2)
Parting to be determined during
coomicrcW Stable A
Type p review proceu
Riding Academy a
century II
EaaedLl services 11
Area Accessory DevelapmenT I 62.930 62.933 .20 .40 62.932 40% 25 SEE PARAGRAPH 62.935
x
0
.4
tR
�r
0
n
N
J
%D
%D
1-�
3 ° $
..........:...................:.......
lip 31 0 N
t °° €r >
a s �
Pr
s e
6. 6 6 6 HQ
t9 $ �
IL
:y'y. ff11
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0
^
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UA
8 9 8 s o 00 0
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7
143 - November 27, 1991
62.380 DETAILED USE REGULATIONS; NON-RESIDENTIAL DISTRICTS: The following
paragraphs identify specific requirements applicable to certain types
of permitted uses identified in the Zoning District Tables contained in
this Article.
62.381 Residential Uses:
1) Multi-Family Residential Use: Residential Uses are permitted
according to the requirements of. the least restrictive residential
zoning district adjoining the area zoned B-1 which is within 750
feet of the property boundary. In the case of no adjoining
residential district within this distance, the regulations of the
R-4 District shall be used.
2) Manufactured Home Park: Refer to paragraph 63.262 (3) for
regulations applicable to Manufactured Home Park.
62.382 Extraction: No permit shall be issued for the excavation of sand,
gravel or minerals unless the following requirements have been complied
with:
1) No excavation shall be carried on or stockpile placed closer than
50 feet to any property line, unless a greater distance is
specified by the zoning administrator where deemed necessary for
the protection of adjacent property. This distance requirement may
be reduced to 25 feet by written consent of the owners of abutting
non-residential property.
2) No excavation that is adjacent to the right-of-way of any public
street shall take place closer than 25 feet to the nearest line of
such right-of-way.
3) Fencing shall be erected and maintained around the entire site or
portions thereof and shall be of a type specified by the zoning
administrator.
4) All equipment and machinery shall be operated and maintained', in
such a manner as to minimize dust, noise, and vibration. Power
drives or power-producing machinery shall not be house or operated
less than 1,000 feet from a dwelling in a residential district.
Access roads shall be maintained in dust-free condition by
surfacing or other treatment as may be specified by the city
engineer.
5) Crushing, washing, refining; mixing of mineral aggregates with
asphalt materials; or other similar processing may be authorized by
the zoning administrator as an accessory use, provided, however,
that such accessory processing shall not be in conflict with the
use regulations of the district in which the operation is located.
Processing shall not be permitted in residential districts.
6) To guarantee the restoration, rehabilitation and reclamation of
mined areas, every applicant shall furnish a performance bond or
other security to the city, in such an amount as estimated by the
City Engineer to be sufficient to carry out required restoration
activities. The applicant, in restoring and reclaiming such land,
shall, within a reasonable time and to the satisfaction of the
Council meet the following minimum requirement:
a) Surface Rehabilitation: All excavation shall be made either: to
a water producing depth, such depth to be not less than :five
feet below the low water mark, or shall be graded or backfilled
with non-noxious, non-inflammable and non-combustible solids,
to secure (1) that the excavated area shall not collect and
144 - November 27, .1991
permit to remain therein stagnant water; or (2) that the
surface of such area which is not permanently submerged is
graded or backfilled so as to produce a gently running surface
that will minimize erosion and ponding due to rainfall and
which will be in substantial conformity to the adjoining land
area. Four (4) inches of black topsoil shall be placed on all
areas, except beaches, that will remain above water level.
b) Vegetation: Vegetation shall be restored by appropriate
seeding or sodding or by the planting of shrubs or trees in all
parts of said mining area where such area is not to be
submerged under water as provided above.
c) Banks of Excavation Not Backfilled: The banks of all
excavations not backfilled shall be sloped to the water line at
a slope which shall not be less than three feet horizontal to
one foot vertical and said bank shall be seeded.
d) Additional Requirements: In addition to the foregoing, the
Commission may impose such other conditions, deemed necessary
for the protection of adjacent properties and the public
interest. Said conditions and the amount of the performance
bond shall be determined by the Commission prior to issuance of
the permit.
7) When located within 1,000 feet of any residential district, the
hours of operation shall be from 7:00 a.m to 7:00 p.m., unless
longer hours are approved as part of the Conditional Use Permit by
the Commission.
8) The application for a Conditional Use Permit shall include the
following information in addition to that required by paragraph
61.144: a) location, description and size of the area from which
the removal is to be made; b) location of any processing plant; c)
type of resources or materials to be removed; d) proposed method of
removal and whether or not blasting or other use of explosives will
be required; e) description of equipment to be used; f) method of
rehabilitation and reclamation of the borrow area; g) a dust
control plan; h) a phasing plan for any operation to be conducted
over the course of more than 9 months; and i) a plan showing
methods to be used to control sediment movement onto adjacent
lands.
62.383 Commercial and Service Uses:
1) Fuel Sales: Site area improvements devoted to the dispensing of
fuels are permitted to encroach within any required yard, but no
closer than 5 feet from any property line. Fuel pumps shall be no
closer than 15 feet from any right of way line or property line.
2) Drive-In Facilities: That portion of the site area utilized for
vehicle circulation and parking shall be hard-surfaced to control
dust. Waste receptacles shall be provided at all exits where
readily disposable! goods or materials are offered for sale and
pick-up through the drive-thru. Devices such as speakers shall be
designed so that the noise level at the property line does not
exceed the maximum decibel level permitted in the zoning district
applicable to the adjacent property or the existing ambient noise
level as measured at the property line (whichever is greater) .
3) Boarding of Animals: In the B-1 District animals shall be kept in
a completely enclosed building at all times. In other district
outdoor exercise runs are permitted provided they are enclosed on
four sides by a sight obscuring fence or wall at least 6 feet in
height, and that animals are kept indoors from 9 p.m. until 7 a.m.
145 - November 27, 1991
4) Parking Requirements for Business Centers: Off-street parking
required for business centers shall be calculated as follows:
BASE RATE
4 spaces per 1,000 square feet of gross leasable area (GLA:h in
centers with up to 600,000 square feet GLA.
5 spaces per 1,000 square feet of gross leasable area (GLA) in
centers with over 600,000 square feet GLA.
ADJUSTMENTS TO BASE RATE:
Where offices comprise over 10 percent of the GLA, one additional
space per 750 square feet of office area shall be provided.
Where cinemas are included in the center, additional parking at the
following rates shall be provided:
a) In centers under 100,000 GLA, 3 spaces per 100 cinema seats.
b) In centers between 100,000 and 200,000 GLA, 3 spaces per 100
seats over an initial level of 450 seats.
c) In centers over 200,000 GLA, 3 spaces per 100 seats over an
initial level of 750 seats.
Restaurants and other food service tenants shall require the
following additional parking:
a) In centers with less than 100,000 GLA, 10 spaces per 1,000
square feet of floor area devoted to food service tenants.
b) In centers between 100,000 and 200,000 GLA, 6 spaces per 1,000
square feet of floor area devoted to food service tenants.
5) Outdoor Entertainment Uses: The site design for uses such as
drive-in theaters, stadiums and the like with on-site parking shall
provide stacking space for inbound vehicles equal to the area
needed to handle 10 percent of the number of vehicles anticipated
at full capacity of the seating area (assuming four persons per
vehicle), unless the road authority has agreed that use of streets
in the area for stacking is suitable.
An access plan for the development shall be designed with the goal
of a) limiting direct access to major streets, b) discouraging the
use of residential streets as means of access to the site.
Sound amplification systems shall be designed so that the noise
level at the property line does not exceed the maximum decibel
level permitted in the zoning district applicable to the adjacent
property.
The development shall be designed so that no ground level light
sources are visible from any public right-of-way or adjacent
residential properties.
6) Air Transportation: Air transportation facilities shall be
designed so as to discourage trespassing by unauthorized personnel.
The use shall not include any retail, service or advertisement
activity which is not directly related to the operation of the
facility unless the underlying land is zoned to permit such use..
Proof of airspace clearance from the FAA shall be provided.
Landing strips shall have clear zone of 1,000 or more feet provided
- 146 - November 27, :1991
at the end of the runway which shall be controlled and maintained
by the owner of the facility and kept free of uses or structures
not associated with operation of the landing facility. Landing
pads shall have a planted area maintained around the perimeter of
the pad by the owner of the facility to minimize noise, dust and
other hazards where necessary to protect surrounding residential
properties.
7) Wholesaling: The Zoning Administrator shall be provided with a
summary of proposed shipping practices, including vehicle types.
Sufficient off-street loading space to handle anticipated vehicles
shall be provided, along with the sufficient room on-site to allow
maneuvering of vehicles so as to preclude the need to utilize the
public right-of-way for backing movements.
62.384 Industrial Usess
1) Junkyards: The junkyard operation shall be conducted within a
building or within a yard enclosed on all sides by a wall or solid
fence at least eight feet in height. openings equipped with a gate
or door not exceeding 24 feet in width are permitted to allow
vehicle access into the site. Such openings shall be closed when
the establishment is not open for business. Openings of such width
as necessary may also be permitted where access to railroad
trackage adjacent to the site is proposed.
2) Agricultural Production: See paragraph 62.264 (1).
3) Industrial Uses in Commercial Districts: The use shall not occupy
the ground floor street frontage of any building and no more than
SO percent of the gross floor area of any building shall be
occupied by mechanical equipment or machinery engaged in
manufacturing, finishing or assembling activities (including space
occupied by the machine operators). Retail, wholesale or office
activities which are part of the business operation are acceptable
uses in that area of the building occupying the street level
frontage.
62.385 Parking Facilities: In the B-1 District the only type of parking
facility permitted is a community parking lot. Structures are
considered a Type I use if they meet the FAR and Landscape Area
requirement for the underlying zoning district; all other developments
are considered a Type II use. In determining floor area, all area
devoted to parking spaces and aisles shall be counted (but not
driveways, stairs, elevators, mechanical equipment and the like).
Parking lot landscaping requirements shall be applied to the average
number of stalls per level, not the total number of stalls.
62.386 Recreational Usess
1) Campgrounds and Trailering Parks: The density of proposed
developments shall not exceed 20 sites per acre. Spaces for
trailers shall be at least 2S feet wide, and a 30 foot separation
between any designated site and a residential zoning district
boundary shall be maintained. Recreational space equal to 10
percent of the site area shall be provided, with no single area
smaller than 800 square feet in size. Submittal information shall
include plans for utilities, sanitary facilities, bathing
facilities and the waste disposal system. Trailer parks located in
the Flood Fringe, Flood Prone and Floodway Districts are subject to
the provisions of 62.800.
2) Outdoor Recreation: Incidental commercial facilities, such as
refreshment stands or pro shops, are permitted subject to the
condition they are operated primarily for the patrons of the
facility and no outdoor advertising of business or products is
147 - November 27, 1991
maintained. Parking areas and other areas of intense activity,
such as bleachers or rides, shall be setback at least 30 feet from
any other property line, and parking surfaces shall have an all-
weather surface.
In the case of an open range or gun club involving the use: of
firearms, all shooting stations shall be at least 1,000 feet from
property lines unless designed so as to baffle noise and provide
protection from accidental or stray ammunition discharge for
surrounding properties.
62.390 ACCESSORY BUILDINGS IN NON-RESIDENTIAL DISTRICTS: In the case of all
commercial and industrial uses, accessory buildings and structures
shall maintain the same front, side and rear yards as are required for
the principal structure.
62.391 No accessory building in a nonresidential district shall exceed the
height of the principal building except as permitted by the provisions
of paragraph 60.444(6).
62.392 The combined lot coverage of accessory buildings or structures and the
principal building or structure located on the same lot or site shall
not exceed the permitted lot coverage for the district.
62.393 Separation of accessory structures from principal structures shall be
as required by the Building Code.
62.394 The sum of the individual gross floor areas of each principal and
accessory building on a lot shall not exceed that allowed by the
maximum floor area ratio, if any, for the zoning district where
located.
62.395 Detailed Accessory Use Regulations: The following paragraphs detail
additional requirements that are placed on specific types of accessory
uses or structures due to their unique nature or their potential for
having possible adverse effects on surrounding properties.
1) Residence for Caretaker or Watchman: One apartment unit or
manufactured home for a caretaker, owner, operator, manager or
watchman and his related family is permitted for any commercial or
industrial use, kennel, or veterinary clinic for the purposo of
security. The residence may be either an integral part of the
principal building or detached from it. Such residence shall meet
the setbacks established for a one family detached dwelling in the
R-1 District, and a usable recreation space of 400 square feet
shall be provided for the residence in one consolidated area with a
minimum dimension of 15 feet.
2) Related Service Facilities: See paragraph 62.278 (8) .
3) Accessory Fuel Tanks: See paragraph 62.278 (6) .
148 - November 27, 1991
62.400 CENTRAL DEVELOPMENT CORE ZONING DISTRICT TABLES
The Zaniag District Tab&w caotaiad in this wWc camis the beak lot devolq mnt
standards,asd dos appsarnce ooatrols applicable to uses is the Qomd Dwdopmsot Cori.
0-410 CENTRAL DBVEWpb1BN1'CORE-CENTRAL BUSENFM DIMWCT AREA
Thin aaetloa Hatt tits atasds:ds appticabie eD wn permimed to the Cants!
Bndeess Di eft Area of**Canend Dwrdopmsat Coee.
62.411 GENERAL ZONM DISTRICT REGULATIONS-
CENTRAL BUSINIM DISTRICT AREA I CENTRAL DEVELOPMENT CORE
The fonowhg table ideotlties efts pumd toning district standards applying to uses
in the Central Busiow Diwiat area d the C &d Develapssot Casty
STANDARDS
Type I Development:6.00
Under Incentive NNsiopmunt Provisions,of Section
62.600• No Upper Limit,::..:n.•...
:. :..
Mimium Prone of IWscane Ana•Obi
REFERENCE.:Definition of ` Area W Siddiii 63130;
REFEBEI�1�Cfi.:nefinitioa.af Heu' �: :� m: r:.60.424
xn}]Mw•\.}};.m>?'n:y:.:r...}�1•:}Iv,...:;n}:.:. :v!�M:n:M}:•:.n;t�.».vx:Q:.:::{.:�.i:.,;;,
RMMN
Regoired Frost Yard:0 Feet _
MWm=Required Side Yard:0 feet
Minimum Sum of Side Yards:0 feet
Minimum Rau Yard:0!feet
::.:::::.:...:i:.:vv.wwxva..w..w.•iK •:'M%0^.W.:{,Y.;:?Y..n:u}:q!:<..u}:ww.w M:i..v.{i^:OY...xvn,M».... d:n}:m:�:.»..:..}•.vp};n.n»:p}:!.»•.}i
Genela '�CarcL to Sectiion 63.100
g1 63.I1fl( OfIDllix
tianl+rant Yard
L1Defionhaaa#'Srde Yid
it dt Iyafiidtian' X&i Yard'<
Transitiasal Yard
A frost yard or side street ride yard equal in width to the
front yard required in the adj�went residential zaniag
districts shall be provided an any lot abutting a aide
lot line of any lot in the R-1 or R-2 Drstrict
tt
Uses is the Cenwal Business District area of the Centel Development
- Core alit cu mpt from the requirement of pwviftg oft-street
pig.
RfiFERENCE.: _ . . 63i423 . .:..'::. ;, •;< ,
Anoeaum Canes
Hours of Operation:No Limit
Signs:Residential&Industrial Uses: C
All other uses:D
Exterior LightinF Residential dt Industrial Uses:D
All other Uses: E
- 149 - November 27, 1991
62.412 SITE APPEARANCE STANDARDS—CENTRAL BUSINESS DISTRICT AREA
CENTRAL DEVELOPMENT CORE
The standards is this table identify the permitted um and
applicable standards applying to the wet permitted is the Ccatcal
Bwinen District Area of the Ceattal Development Core.
CONO tT IAt Applicable Enerw Site
or Of Uw Detailed Addbmd 3torafe Loestien BuReryud
STANDARM Permitted Uwe 'type Reamt dun Repko a6 Regulations Requin-cat lodieator
MUMART ►AttAGRAPH PARAOAAMI PARAGRAMt PARAGRAPH PARAGRAMI PARAGWH
RR1! twos a 62.111 42.112 62.113 62.134 62.124 62.125
Description e(aaeb RepWkm Prbawfl y
M011ii Uw eategery found towed in found is 3actics Section Section
in 3eetke 62.140 See.62.33D Par.62.266 63.240 63.250 63.260
r. v.................. ..,...........»..:...::....:..r .H. .n...r:::::::::x.:: ...::.:w3iTT••i:.,v,.;u:.Cq>iiiYr::.t:;.T:t•:<"::w:.ii:i::Ti::::T>:v:iiii:i:.::.:::.i:
1rtohi-P Raaideatial I 62.717(i) 62.2660) T VU
amity
<? :: 64.132
r 62.126
VII
>4^> Semi-Traealaat Aeeaa II 62.2630) 62.266(1) T
3F>?<~<s 64.132
62.126
`• z'n> »<?::<v:: : ccatnSw Hario6 1 T VII
Oft" 1 or III 62.451 T TYPS Nt:V W TYPS ID:C C
I or IQT 62.431 T TYP6 N1:VW TYPE W:Ct
«ems z �raaoal Servieo I T VIII
;Tye>:•.£s:«; T.A VM
Duaimss 3ervim I
.`:f,.. fir•>» t Maiarmuee I T.A VIII
<:>^»:z>:''>s•. . B&Mdiaaal3mvim I T VIII
VM
,s` ldedkal Facilities I or III 62 451 T VII
Nursing&Panonal Can 1 T VII
Fat Food Restateaat I T VIII
?'<>;<<5 >«>i Standard Reraraaat I T Vm
Trauaportatien Services I T VIII
•`. Retail Trade I ar m 62.431 T.A TYPE Qn:V1I1TYPE W:1X
'>Cauvasieoee Retail 1 I T.A
VM
Wbokwliq I T.A VM
?'; Cammuwieatioa II T VII
Tmusportation III 62.333(6) T
Patiag Facility III DC
Light Indutrial II 62.452 T•A VIII
?' Research&Testier II 62.452 T.A VIII
Iadoa Athlatk Facility I T VII
"' Indoor Reeeeauon I T VII
3i Drintios do Faterumroeat I T D(
Adult Fnleruiruneat I T.A I VIII
Area Accessory Devipmat I 62.930 62.933 T 62.936 VIII
VU
Day Case:PaCibty
757
CDa4�frASZ MW Row.tabokd PRWARX RMWj!tCE attbc top of the Chart idcadfres for users of the otdisaace
s tbrp unary aaehoa is the ordinance tvbare 26Salations factba catom.a(standard that will t4 found.
1Le.Aosv labekd NOTE4 Wcodtxes a"110021 psra?apbs m the ar"mm that apPly
to the psNcuw eateRory of 6tandad uaderwhkh they am Bsted.
p3iRE11117101431Sybil siatbeaNac .>
Stndisthe ahboeriaden fctr'{tandards'
150 — November 27, 1.991
62.420 CENTRAL DEVELOPMENT CORE -FRINGE AREA
This section lists the standards applicable to uses permitted in the Fringe Area of the
Centel Development Core.
62.421 GENERAL ZONING DISTRICT REGULATIONS-
FRINGE AREA/CENTRAL DEVELOPMENT CORE
The following table identifies the general zoning
district standards applying to uses in the Fringe Area
of the Central Development Core.
STANDARDS
Mszimum Floor Area Ratio:
Type I Development; 4.00
Under Incentive Development Provisions of Section
62.600: No Upper Limit
REFERENCE:Para h 62:115
Minimum Perccntagg of LKlw y*M Area: 5%
REFERENCE..Definiton of Landsca Area&Section tS3.130
Maximum Permitted Height No Limit
REFERENCE..Definirson vf.He `! lions in Par.:60.424<:. `:
Minimum Lot Size: None
:.,
REFERENCE.Para 62 116'&.Defintions 4 ite
Minimum Setbacb:
Required Front Yard: 0 Feet
Minimum Required Side Yard: 0 feet
Minimum Sum of Side Yards: 0 feet
Minimum Rear Yard: 0 feet
REFERENCE.
General Yard:Requtremeats m Section:63.100
Paragraph 63110(1)&Definition of.Front'Yard
Paragraph 01,110(3)&:Definitiaa.of Side:Yard
Para h'63..110(2):&Definition of Rear Yard
Transitional Yards:
A front yard or side street side yard equal in width to the
front yard required in the adjacent residential zoning
districts shall be provided on any lot abutting a side
lot line of any lot in the R-1 or R-2 Zoning District.
151 - November 27, 1991
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152 - November 27, 1991
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155 - November 27, 1991
62.430 CENTRAL DEVELOPMENT CORE -MEDICAL AREA
This section lists the standards applicable to uses permitted in the Medical Area of
the Central Development Core.
62.431 GENERAL ZONING DISTRICT REGULATIONS -
MEDICAL AREA/CENTRAL DEVELOPMENT CORE
The following table identifies the general zoning
district standards applying to uses in the Medical Area
of the Central Development Core.
STANDARDS
Maximum Floor Area Ratio:
Type I Development: 1.50
Under Incentive Development Provisions of Section
62.600: No Upper Limit
REFERENCE. Para b2.115
.
REFERENCE:.Definition of Landscape Area&Section 63.130
Maxi nun Permitted Height; No Limit
REFERENCfi.:Definition of Hei ;`t f E _ 'oac in Par.`60.424
Minimum Lot Size: None
REFERENCE. 52.116 di.DeSnitions'of Lat,Site
Minimum Setbacks:
Required Front Yard: 0 Feet
Minimum Required Side Yard: 0 feet
Minimum Sum of Side Yards: 0 feet
Minimum Rear Yard: 0 feet
REFERENCE
General Yard Re9uiremeats'in.Sectic�a 63100
Paragraph 63J10(1)&Definition of Front'Ysrd
Paragraph' 0 110(3)A Definition of:Si&Yard
.::. ..
Paragraph 63110(2)&Definition of Rear Yard '
Transitional Yards:
A front yard or side street side yard equal in width to the
front yard required in the adjacent residential zoning
districts shall be provided on any lot abutting a side
lot line of any lot in the R-1 or R-2 Zoning District.
- 156 - November 27, 1991
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157 - November 27, 1991
62.432 SITE APPEARANCE STANDARDMEDICAL AREA/ COMMENTARY:
CENTRAL RAL DEVEWPMEN—CARE The Row labeled PRIMARY REFERENCE at the lop of the chart identifies for
users of the ordinance the primary section in the ordinance where regulations for
0%
The standards in this table identify the site appearance standards that category of standard will be found.
applying to uses in the Medical Area of the Central Development Core. The Row Iabelcd NOTES identifies additional paragraphs in the ordinance that apply
to the particular category of standard under which they are listed.
tV
ABBREVIATIONS/SYMBOLS in the table: it
Stnd is the abbreviation for'Standards*
CATEOORY List Applicable APPEARANCE CONTROL STANDARDS
OF of Use Detailed Additional p
rANDARD Permitted Uses 'type Regulations Regulations Hone Landscape Exterior Site REQUIRED OFF- x
of Exterior Sign Material Storage Location Bufferyard STREET PARKING
Operation Lighting Regulations Point Base Regulations Requdrement Indicator
PRIYART PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH SEE DEFINITION OF OFF-STREET
EMENCI 62.111 62.112 62.113 62.123 $2.132 $2.133 62.135 62.134 62.124 62.123 PARKING AND PARAGRAPH 62.121
Deaeriptioa of each Regulations Primarily
NOTES Use category found - found V found in Section Section Section Section Section Section Regulations for Off-street
in Section 62.id0 See.62.31110 Sec.62.266 63.210 63.220 63.230 63.240 63.250 63.260 parking in Section 63.400
'n}.�iii.v}... .:..:'}:Ji::•4:}i::}}.i.}:`}^i}i}'•}i}:v}}:ii:•:<4i:vni}}i:!L.iJi}}}}:::... ..... v:vdt':is i::::}i.'•'.:.:.a.:::.:::::.::............}}: ....v::.::::.,�:::::::'......,.
......} ................ ... aw::: ..}.}v:.}::v.........
...'...... ............................... ....:..... .... n:::.
::.::.:gin_:: :•: �::::::::::.::::.::.n..::n:^::::::v:::iti;:....�.......vi}:4}}'r::::..........
.....w::v.. } ...................................a..y........
.... ......... ........................................................: .. ........:.:......
Research rt Testing 1 62.454 D B 8.5 T V11 I PER 2 EMPLOYEE ON LARGEST SHIFT
1
OR 1200 SQFT F.A..WHICHEVER IS
Go
GREATER.PLUS ON FOR EACHLn
rl
COMPANY VEHICLE PARKED OR
STORED ON THE PREMISES
Area Accessory Dvlpmnt 1 62.930 62.933 C A 8.5 T 62.936 VII SEE PARAGRAPH62.933
i
62.440 CENTRAL DEVELOPMENT CORE-RESIDENTIAL AREA
This article lists the standards applicable to uses allowed in the Residential Area of the Central Development Core.
m
at
62.441 GENERAL ZONING DISTRICT STANDARDS-RESIDENTIAL AREA/ COMMENTARY:
CENTRAL DEVELOPMENT CORE The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users r:
N
of the ordinance the primary section in the ordinance where regulations for that W
The following table identifies the general zoning category of standard will be found. to
district standards applying to uses in the Residential Area The Row labeled NOTES identifies additional paragraphs in the ordinance that apply
of the Central Development Core. to the particular category of standard under which they are listed. 0
0
z
ABBREVIATIONS/SYMBOLS in the table:
Stad Is the abbreviation for"Standards*
NUMBERS IN BRACKETS[)REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
C.ATEGMT List Applicable DENSrrY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted
or of Use Detailed Additional Lot Size(L) %of %of Maximum
ANDARD Permitted Uses Type Regala— Regulation TYPE 1 TYPE TYPE or Landscape Recreation Height REQUIRED OPP-
DENSTfTFs 1 m Site Area(S) Area Space (le feet) STREEr PARKING
PRD6ARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH DEFINITION OF PARAGRAPH DEFINITION SEE DEFINIION OF OFF-STREET
62.111 62.112 62.II3 1 62.116 62.11S 62.116 LANDSCAPE AREA 62.116 OF HEIGHT PARKING AND PARAGRAPH 62.121
Description of each Regulation Primarily FOR TYPE m DEVELOPMENT For For Definition General General Exceptions 1
NOTES Use category found fwmd Is found Is SEE INCFNr1VH PROVISIONS Permitted knee stiw of Lot A Site Regulation Regulation to Standard Regulations for off-street
IsSection 62.160 See.62.260 Par.62.266 of SECTION 61.600 Uses DerekVmmd in Chapter 60 See.63.130 See.63.110 Pat.60.441 parkins in Section 63AW Inr•t
_ :: :. ..:..:.:..<.,: ...�......
f %MuIU-Family Residential 62.263(4) 62.266(l) FOR ALL NEW DwF111NGS
Y
<? 2 Residential noon 1 62.266(3) 24.23(1] 0.61 [1) 7200(S) 40% 12% I SPACE PER ONE BEDROOM
3 Residential Boon 1 64.132 32.67111 0.70111 8000(S) 38% 10% UNrr OR EFFICIENCY UNIT
4-e fires.room I 62.126 58.0.'[!] 1.23[!] 12000(S) 3594 S 9i 1.3 SPACES 1 PER 2 tIEDROOI/UNIT
7-'Rea.tbora 1 76.25[i] 1.6911) 16000(S) 39% 7'X 2 SPACES PER 2 BEDROOM UNIT
�....,...:: 10-12 Res.noon 1 i 87.1211] 2.00[11 20000(S) 42% 6% 3 SPACES PER 4 BEDROOM UNIT
F' 13*Rea.noon III NO MAX 2.42[11 NO MIN. 209E 5%
j<Group Residential Can VAR 62.263(1) 62.2601) I SPACE PER EMPLOYEE
....-'. 64.132 ON LARGEST SHIFT.
62.126
Scmi-Transient Accom. I 62.263(3) 62.266(!) I SPACE PER SLEEPING UNIT 64.132
js 62.126
Cessnssla Houslos I (SEE REQUIREMENTS FOR PERMITTED MULTI-FAMILY RESIDENTIAL DEVELOPMENT IN R-4 DISTRICT) 1 SPACE PER UNIT
: " < tMlea 1 or III 2S 35 26% 30 1 PER 200 SQFT HAM AREA
.< z
Ttawki t Aeeomodation I or III 1.0 2.0 26% 30 1 PER 200 SQFr FLOOR AREA
i'eraaal serried 1 Or M .25 .35 26% 30 I PER Zoo sQFT FUom Am
i??< <
E3scadood Service or III .25 .3S 269E 30 1 PER 200 SQFT FLOOR AREA
f Medical Facilities 11 or lll 62.263(2) !PER PRINCIPLE MEDICAL
PROFESSIONAL
FOOTNOTES: [I]Where both Density Factor and Floor Ara Ratio ate found in the same row on the table,the development must meet both standards.
62.440 CENTRAL DEVELOPMENT CORE-RESIDENTIAL AREA
This article lists the standards applicable to uses allowed in the Residential Area of the Central Development Core.
rn
62.441 GENERAL ZONING DISTRICT STANDARDS—RESIDENTIAL AREA i COMM114 I ANY:
CENTRAL DEVELOPMENT CORE The Row labeled PRIMARY REFERENCE at the top of the N
of the ordinance the primary section in the ordinance where regulations for that is
m
The following table identifies the general zoning category of standard will be found.
district standards applying to ruses in the Residential Area The Row labeled NOTES identifies additional paragraphs in the ordinance that apply D
of the Central Development Coro. to the particular category of standard under which they are listed. x
_ ABBREVIATIONS I SYMBOLS in the table:
Stud tr the abbreviation for'Standards
NUMBERS IN BRACKETS[]REFER TO FOOTNOTES AT THE BOTTOM OF THE TABLE
DENSrrY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted
CATEGORY LLt Applicable %or Maximum
Lot size(L) IS of
OF Of Use Detailed
tuns Regulations TYPE L TYLIE
TYPE or Landscape Recreation Height REQU6tED OFP-
ANIMRD Permitted uses Type Regulations Ce (in foot) sTREEr PARKING
DENSrrM IQ Site Ana(S) Ara SW
PRIMARY PARAGRAPH PARAGRAPH PARAGRAPHPARAGRAPH PARAGRAIH PARAGRAPH DEFINITION OF PARAGRAPH
SEE DEFINITION OF OFF-STREET'
f2.111 63.113 62.113 62.114 62.113 $2.116 LANDSCAPE AREA 62.116 OF FIGHT PARKING AND PARAGRAPH 62.121
�
Primarily FORT, m DEVEi OP1�xr Fa Fos Definition General General Exceptions
Description of each
Naves Use category ramd rued in rood Is SM INCENTIVE PROVISIONS Perea6ed IReealive of I.ot A site
Regulatleaa RegulaUaaa to Standard Regulations for off-street �
Is Satins 62.140 Sao.62.260 hr.61266 OF SECTION 62 6O0 Una Development in ampur 60 Sec 63 130 Sec.63.140 Par.60.444 pa&Wg in section 63.400
0
1
I SPACE MR SO(BEDS PLUS
Nursing A Personal Care B or III 62.26X2) 1 PER EMP.LARGEST SHIFT
u 26% 30 1 RAcs PER BRATS PLUS
standard ur Re taad III
1 sacs rya poLo7u ON LAaaErr swrr
Transportation Service III .25 26% 30 1 aAea PER 1f0 sort n oea AREA
DEVOTED TO CUSTOMER SESVICS PLUS
1
ONE SPACE PER 11EXTALPCOMPANT VGaCLE
eeaveieaee Retail or m 62.264(4) .25 .35 26% 30 I PER too sQFt FLOOR AREA
POW44 Homes I or IH
2S 35 26% 30 I PER 61 FJtsoNs LASED ON
MAX.CiAPACTTY OF aLOG.
Facility t or QI .25 .35 26% 30 1 PER 3w SQFr FLOOR AREA
fadoos Athletic
< P&iag Facility 1 or N 62.265
Area Aeeewry Devlpasd. I 62.930 62.933 .40 1.0 62.932 309i 50 SEE PARAGRAPH 62.97!
FOOTNOTES: [I]Where both Density Factor and Floor Area Ratio are found in the same row on the table, the development must meet both standards.
62.442 SITE APPEARANCE STANDARDS—RESIDENTIAL AREA/CENTRAL DEVELOPMENT CORE
The standards in this table identify the site appearance COMMENTARY: '4
standards applying to uses in the Residential Area of the The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the
Central Development Core. ordinance the primary section in the ordinance where regulations for that category of
r
standard will be found. N
The Row labeled NOTES identifies additional paragraphs in the ordinance that apply 11
to the particular category of standard under which they are listed. Am
B
ABBREVIATIONS I SYMBOLS in the table: 4)
Stud Is the abbreviation for'Standards' O
GITEOORY MINIMUM YARD REQUIREMENTS Minimum APFFARANCE CONTROL STANDARDS
....:.... Width..�.
ANDARD lid Required Side Minimum Minimum at Hours Landscape Exterior Site
of From Yard Sum of Rear Building of Exterior Sign Material Storage Location Bufferyard
Permitted Uses Yard Least Width Side Yards Yard Line Operation Ughting Regulations Pow Base Regulations Requirement Indicator
►ROTARY PARAGRAPH ►ARAGRA/H PARAGRAPH ►ARAGILA►H ►ARAGRAPII ►ARAGRAP11 ►ARAGRA►H PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH
PLEDIERENCE 62.111 63.110(1) 63.110(3) 63.110(2) $2.123 62.131 62.132 62.132 62.133 62.134 62.124 62.123 .
NOTES Description of each General Yard Requiremea4 In 63.100 Section Section Section Section Sectioa Section
category found in 62.140 Horn Yards can be wed in 63.12D 63.210 63.220 63.230 63.210 63.250 63.260
rr..
1
a>, Multi-Pamity Residential 65 It A 12 T
%D
1
Use than 4 stories SEE PARAGRAPH 62.294 FOR REQUIREadEiTS III
4 storks ar more SEE PARAGRAPH 62.286 FOR REQUIREMENTS IV 1
IV
Group Residential Caro L"M Ail FOR OOMFARARIE muLit-FAMMY RES. 65 R A i2 T H
Semi-Transient Accom. SAME Ail FOR ODMPARABIE MULTI-FAMILY KU. 65 R A 12 T IV
at IV
Congregate Housing SASE As FOR OWPARAaIE UMII-FAMILY M. 65 It A 12 T
- Ntcu IS 10 8 7AM-1oPM B A 15.5 T D
V
Transient Aeeomodations IV
Personal Service15 10 8 7AM-IOPM B A 15.5 T D VI
Educational Service 15 10 8 7AL1-10PM B A 15.5 T D VI
Mcdcal Facilities SEE PARAGRAPH 62.453 FOR REQUIREMENTS B A 15.5 T E IV
K,s urging A Personal Care SEE PARAGRAPH 62.453 FOR REQUIREMENTS B A IS.S T E IV
N
?•:>; Transportation Services 15 10 8 6AM-1oPM B A 15.5 T A V1
` Standard Restaurant IS 10 8 6AM-IOPM B A 15.5 T A VI
Conveaieoce Retail IS 10 8 6AM-IOPM B A 15.5 T.B A VI
Funeral Homes 15 t0 8 B A 15.5 T 1 V
Indoor Athletic:Facility 15 10 8 6AM-IOPM B A 15.5 T I V
Parking Facility IS 5 5 B R 15.5
V
? Area Accessory Dvlpmnt Minimum Setback from Pr Line:30 foot A A 12 T 62.936 IV
62.450 DETAILED USE REGULATIONS; CENTRAL DEVELOPMENT CORE: The following
paragraphs identify specific requirements applicable to certain types
of permitted uses identified in the Zoning District Tables contained in
this Article.
62.451 Determining Type III Reviews in the Central Development Core: Uses in
the Central Development Core will be processed as Type III uses when
the following conditions are found to exist:
1) The proposed use involves a designated Type III use.
2) The proposed development will exceed the maximum floor area ratio
established for the CDC subarea (6 in the CBD, 4 in the Fringe, 1.5
in the Medical area) where the project is located.
3) The development involves major changes in the existing public
infrastructure, including such items as street closings trunk
sewer/water/stream line relocations, or new access points oil any
arterial or expressway.
4) The off-street parking requirements for the development when
calculated at the rates applicable to be used in the CDC-Fringe
would equal or exceed five (5) percent of the existing supply of
off-street parking spaces in the district.
5) Any expansion in floor area totaling more than fifty (50) percent
of the existing floor area of the building which results in the
entire development exceeding the floor area limits for the
district.
6) Any development adjacent to publicly owned land or facilities
(other than right-of-way) which involves changes to these
facilities in order to allow for completion of the project.
62.452 Light Industrial Use in the Central Development Core: Such uses Shall
not occupy the ground floor street frontage of any building in the
district. The street frontage of the building may be used by the same
business but activities shall be devoted to non-industrial types of
uses such as offices or customer showroom.
62.453 Nursing Homes in the Central Development Core: In the Central
Development Core Nursing and Personal Care Facilities are subject to
the same intensity and site appearance controls as are applicable to
other permitted uses in the district, such as offices.
62.454 Research and Testing in the Medical Subarea of the Central Development
Core: In the Medical Subarea of the Central Development Core uses
permitted under the category of Research and Testing shall be related
to the medical community/industry either by providing support ser',rices
to existing institutions within the subdistrict or by providing
research in the field of medicine on an independent basis.
162 - November 27, 1991
62.500 DEVELOPING DISTRICT TABLES:The Zoning District Tables contained in this article contain the basic lot development
standards and site appearance controls applicable to uses in any of the Developing Zoning districts.
62.510 D-LDR: DEVELOPING DISTRICT/LOW DENSITY RESIDENTIAL AREA a'
This section lists the standards applicable to uses allowed in the D-LDR District.
r
62.511 DEVELOPING DISTRICT/LOW DENSITY RESIDENTIAL AREA-PERMITTED USE TABLE `14
>r
m
The following table identifies the permitted uses allowed within the Developing Low Density Residential District. The location of permitted
uses is controlled by the zoning or existing land use on adjacent lands. To use the table identify the proposed use in the left column, >
the adjacent use in the row across the top, and match the two entries within the matrix of the table to determine if the proposed use is z
permitted at the location under consideration, and under what process(Type I, II or III Review Procedure). The permitted use is controlled by the
most restrictive use column,except where the location meets the definition of a transitional lot(located next to an Established or Provisionally
zoned nonresidential district). In the case of a Transitional lot, refer to Section 62.730 for guidance on which column within the table to use.
Numbers in brackets[J refer to FOOTNOTES at the bottom of the table.
:::.;....::... :..:..:. :::::.::::
...... ::::..:.::::::::::.
.. .. ................ ::::. .:::. ...........::::.�•:::.::..::.::::::::. :.
..... . ......
CATEGORY List of Potential
OP Uses Permitted EXISTING ZONING OR USE OF ADJACENT PROPERTY
STANDARM under the Developing t
District Regulations DEVELOPING DISTRICT ESTABLISHED ZONING DISTICTS
PRB"RY PARAGRAPH 62.111 R-1 OTHER Dl':TRICTS �O
rl
RFMM4CE SECTION 62.140 R-I USE a-I
Description of each UNDEVELOrM DEVFS.OMD SINGIA OTHER ACROSS R-7 a-7 OR OR
NOTES Use category found LOW LOW MEDIUM COUbMICIAL INDUSTRIAL FAMILY R-1 LOCAL ZONING ZONING 9-4 M-2
X.
in SoGiiUd 62.140 DENSEI7 DEis i— DENsr 9 ARM :.M DC AC!.=.. USES ZONING ZONING
.....................................................
'Man,.......,.. : . ........r.......:,•n,x•Y:;•Y:•Y:;:•Y;Y:n::�YYY:;:jai:::;<Y::::Y:Y::YY:Y::•.+:;•Y:::;:Y:a:a:e:Y::«.Y:•:;:•Y:YY:•YY>:;;YY••Y:;•:::c
Sin a Famil Detached I I I I I 1 I 1 I 1 1 I
Single Family Attached[1] I 1 1 I I 1 or D I I 1 I 1 I
�< ><:<>.;:•>:.>; :: >::: Duplex I D I I 1 1 or D
Performance Residential[1] 1 I 1 I I I or II I [ I 1 I I
Multi-Fiala Residential[21 1 1 I I I I I 1 I [
Group Residential Care 1 I 1 1 I I
Mixed Building Type Developinent In In In In nl DI Ill llI
'Y'" ... "`" Manufactured Home Subdivision III 111 111 nl III III III III
Offices 1 n 1 I 1 1I II 1[ I 1 I
Y
Medical Facilities nl m III Ill
Nursing«Personal Care[3] in In III
Convenience Retail I n I I I 11 II 1 I
Funeral Home III II[
Agricultural Operations I I I 1 I 1 I I I 1 I 1
.... .... .........
Area Accossory Development I Dorm norm n orml norm 1 nor In If or In If or III If or 111 li or 111 II or[lI
FOOTNOTES: [I]See Paragraph 62.514([)for detailed regulations.
[2)See Paragraph 62.514(2)for detailed regulations.
[3' -%Paragraph 62.514(3)for d*+�gulations.
62.512 DEV'L-JPING DISTRICT�NSTTY RESIDENTIAL AREA: PERMI. cD LAND INTEI_ _
1-he fO110Wlllg 1801E IUCLItAir=tuc PCIR iucd SAW iUMMA j : •.yA~T .1 Tj ii�wcec permitted
in the Low Density Residential area of the Developing District. The unit of measurement 0
is identifed for each use type by the following symbols:
(L): Minimum Lot Size (0): Maximum density t'acwi r (CJ: 1vinALmwu reous As-
N
ADJACENT ZONING DISTRICT.USE.OR NATURAL FEATURES CREATING SEPARATION
DEVELOPING DISTRICT ESTABLISHED ZONING DISTICTS
R_1 OTHER DISTRICTS 0
R-1 USE a-1 M 1 z
OR
UNDEVELOPED DEVELOPED SINGLE OTHER ACROSS R-2 R-2 OR
LAN LOW MEDIUM COMMERCIAL INDUSWIAL FAMILY R-1 LOCAL ZONING ZONING 5-4 M-2
PERW17TED USES DENSITY DENSITY DENSITY AREA AREA "DETACHED USES S11tEfir ZONING ZONING
:i •
Single FamilyDetached 5500(L) 5500(L) 5500(L) 5500(L) 5500(L) 6000(L) 6000(L) 6000(L) 5500(L) 5500(L) 5500(L) 5500(L)
3000L L) 3000(L) 3000(I)
Single Family Atached 3000(L) 3000(L) 3000(L) 3000(L) 3000(L) 3000(L) 3000(L) 3 ( ) ) 0(L) 3500(L)30 0
Comer Late 3500(L) 3500(L) 3500(L) 3500(L) 3500(L) 3500(L) 3500(L) 3500(L) 3500(L) L
Duplex 7200(L) 7200(L) 6000(L) 6000(L) 6000(L) 8000(L) 7200(L) 7200(L) 6000(L) 6000(L) 6000(L) 6000(L)
# Performance Residential 12.00(D) 9.00(D) 16.00(D) 16.00(D) 16.00(D) 5.5(D) 7.5(D) 5.5(D) 7.5(D) 12.00(D) 12.00(D) I6.00(D) T
Multi-Family Residential 8000(L) 8000(I-) 8000(L) 8000(L) 8000(L) 8000(L) 8000(L) 8000(L) 8000(L) 8000(L) et
Group Residential Care Minimum Lot Size uirements are same as those of Residential use used to approve development)
( 2 S 20000(S) 20000(S)
Mixed Budding T Development 20000(S) 20000(S) 20000(S) 20000(S) 20000(S) O i
€: Manufactured Home Subdivision (See Re scions la Pan 62.262(2)(c)(I)for minimum lot si..-r ulrements.)
�� �' '���'• Ofliccs 0.20(F) 0.20(F) 0.25(F) 0.30(F) 0.30(F) 0.20(F) 0.20(F) 0.20(F) 0.25(F) 0.30(F) 0.30(F)
Medical Facilities 0.30(F) 0.30(F) 0.30(F) 0.30(F)
Nun in &Personal Care 9.00(D) 12.00(D) 12.00(D) 12.00(D) 12.00(D)
( ...:Convenience Retail 0.15(F) 0.15(F) 0.20(F) 0.25(F) 0.25(F) 0.15(F) 0.20(F) 0.25(F) 0.25(F)
Funeral Home 0.30(F) 0.30(F)
Agricultural rations
Area Accessory Devel ment 0.25(F) 0.25(F) 0.30(F) 0.35(F) Fo.-3'5(F) >` 0.25(F) 0.25(F) 0.30(F) 0.35(F) 0.35(F)
62.513 DEVELOPING DISTRICT/LOW DENSITY RESIDENTIAL AREA: APPEARANCE AND SITE DEVELOPMENT STANDARDS
The following table Identifies the applicable appearance and site design standards which
apply to permitted uses in the Low Density Area of the Developing District
Reference to appropriate sections of this ordinance defining the standards are included at the top ch
of the table in the rows label PRIMARY REFERENCE and NOTES.
Numbers in brackets[]refer to FOOTNOTES at the bottom of the table.
N
_ td
GIEf.ORY l�r Applio6M ......Miauu� Midmwm SETBACKS AND YARDS .:: APPEARANCE CONTROL STANDARDS
d DM.AW %of f of
fANQARD Rrdnd Uer RetuWime ladmp Reaeellm Regd side 1Geie0 Mi.iesus ale.lorr Ined.o.pe Eewior S+. adfa- STREET
OFF- x
ce A SI.— From Yuw sir w
d SAM P*."W FXkr Sip Muriel Soup L.mllm Yard STTREET PARKING
Yaw LA69 Wit► Sias Yards Yeol Iwald Ua6ltea RenuWlow Potm B e Reaukad a RegAr=Ad lndwwor
PRIMARY Pueare a PARAGRAPH DoDanom or PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH DEF24TWH PARAGRAPH PARAGRAPH PARAGRAPHARAGw PARAGRAPH PARAGRAPH SEE D6rDGrlDN of Oir-SrIERT
•t]IFl1 62.111 62.113 IANDWAMARG RAW A.1100) AAWO) 61.110W Of HEIGHT 62.tl2 62.111 61.tl1 62.114 62131 SLUR PARWO A PARAGRAPH 62.121
Dm+lptlm d eeri Repirli— Cmeel Cmrd - FA-01 a Res wom for
KUM I.J.6ryory ford IN ford In Repirire Replrlor Orsd Yard RagA mAme le 63.100 Und Sad" S.dm Seats• Seaiae SmkR sewm off-afar Parlles
Se{r 62.140 See.62.260 Sw.63.130 Sao.63.140 Hb Yerde m Rs rd iR 63.130 Pet.60.446 63.210 63.220 63.230 63.240 63.250 63.260 to Sad.m 43.400
o;
Siotk Family Detached 62.266(0 45% MR 25 6121 16 23 3S R R N.A. rR
1 2 PER NEW DWELLING UNIT
1 1 2 PER NEW DWELLING UNIT 1
Siatle Family Attached 62.266(1) 40% MR 25 10[IJ 25 35 It R N.A.
' Dapk: 62.314(q 40% MR 25 6121 16 25 24 R R N.A. I 2 pFJI NEw DWIILINO UNrt vtAD
62.266(1)
Puforraaace Residential 62.261 50% 20% (See Par 62.2t3-62.2SS for Yard Red 7A R R 2 PER NEW DwE111N0 UNTi 1
i 0-4 d.u.per acre t'S D
It
>4-14.9.per acre 62.514(t) 12
>I-12 d.a.per acre 62.514(1) 15.5
III>12-16 d.a per acre 625140)
t>:
Ituitt-Fnml)y ttesideatid 62514ts) 40". Hit 25 6121 16 25 TA R R 15.5 T I PER UNR FOR EFFICIENCIES t
-' 62.126 ONE BEDROOM UNITS
62.266(1) 1 1 112 PQ 2 BEDROOM UNIT
2 PER 3 BEDROOM UNIT
`£ 3 PER 4.BEDROOM UNIT
Orosq Reaidcatlal Care 62.263(1) 4S% NA 25 6 P) i6 25 24 R R H.A. T H D 1 SPACE MREIIM oYFS
Iaad Mamma Type D.Ipem 62.262(l) 45% MR 25 6121 16 25 24 R R N.A. R 1 2 PER NEW DWELLING UNrr
r: Mudrowd floe.sold. 62.262(2) 40% 400 sgft IS 62.262M(e)(6) 20 24 R R L5 R D Es1 BoAodery: 2 MR NEW DWELLING UNIT
U
50% NA 25 10 NA IS 16 A A 13.5 T.A A IV I PER 200SQFT FLOOR AREA
14., kclracilmes 62.2630) SO% NA 40 10 NA IS ?A A A 15.3 T D III I FIX MDRVALMEp.PHo►assa+AL
NursiRBlPoraaoslGro 62.514(3) IS% NA 40 10 NA 15 24 A A 15.5 T D m 1aAca►farmoYeRa+wGErr
SHIPT PLUS ONR:Ace PER 6aEDs
FOOTNOTES:
11) 1U yard for single hmily attached dar"go my be reducod to i fed whey the garage k attached in front of the dwelling.
1217U minirnnm side yard shall be 8 fed for structures greater than 2 stories in hdgbL
62.513 DEVL. PING DISTRICT/1 Tff RESIDENTIAL AREA: APPEARM, AND SITE DEVI_NT STANDARDS -
The following table identifies the applicable appearance and site design standards which
apply to permitted uses in the Low Density Arc&of the Developing District
rn
Reference to appropriate sections of this ordinance defining the standards are included at the top
J:C.:v:dv::,u7 u�w rzw:I;!;—_.nNo 1•��nv Rc FEREENCE-J XOTEC.
Numbers in brackets[]refer to FOOTNOTES at the bottom of the table. r
N
X.
G3lOQRY Lid AppioNs LGeim ..W�mwm SEnACKS AND YARDS APPEARANCE CONTROL STANDARDS
OP of Dr.11.6 f d IS of
ANDAID Permiud Ue ReEulml— WdaN Reendlm ROlinJ fide tdial�d /&nlan� tdealmis ladee.ps Filerior Sim Buffer- REQUIRED OFF- 'Tr
Aim feed Fb Yard �d R�r PrrdWd F-,lerler Sip Meur61 Slone looUm Yard STREET PARKING
Yaw two Wim Side Tetde Yud IIrisk 1I&Wy ReEukdor Pold Beee It-a"oes Requinmrr indictor
PRIMART ►engnph tARAORAPE DEF24TIM OF ►ARAORArE PARAORAPR PARAORAP& FARAORAPa DUD0171Op►ARAORAP& PARAORAPH PARAGRAPH ARAOWI ►ARA01"11 PARAORAPtlRMIENCE 6EE DEFIIOi1ONMOFP-6T1!!T
62.111 61111 UINDaCAPR AREA a1I16 61.II00) 1 61.116f1) O.Imm OP I®Oar 61.112 6231% 61.131 63.114 61.1M 61.I11 PARENOAPARAORAP961.121
ReEWMIC"for
DeecdPllm d eerJ RKulria6 Gm�Y Cse�l
NOTP3 Um Caftory fond is fad Is Repiedow R6pdnfow Omed Teld Regstmonn V 63.100 Udw secdoe secUm Section Section Swdm S-dm Off-and%r►ies
S.ctlm 62.160 See.$2.20 sm.63.130 Ses.63.160 flow T.e4 w be eeed Y 63.120 Par.60.666 63.210 63.220 61.230 63.260 63.250 63.260 is sodko 63.600 .:.
Cwveaieoce Retail 62.266(q 30fi NA 30 10 NA IS 16 A A 13.5 T.A A V 1 PER 130��FLOOR AREA
1'uoenl Home
63A NA 23 10 NA 13 16 A A 13.3 T C ID 1 PER PERSONS USED ON 1
MAXIMUM CA►ACr1Y OF BUILDING 10
j 1D
ARricakwal Opendons 62.266(t) NA A 2 PER NEW DWELLING UNrr .1
Area Accc6wry"Pout62.930 10% NA 40 20 NA 20 U A A 13.3 T 62.936 N SEE PARAGRAP1162.9]3 1
FOOTNOTES:
[11 The yard for shale family attached dwcUIW may be reduced to 8 fed when the garage)s attacbod in front of the dwelling.
121 The minimum side yard AA be 8 fed for structures grater thou 2 dories in height.
62.514 Developing Low Density Residential District Table Footnotes: The
following special requirements apply to certain uses in the D-LDR
District:
1) Attached dwellings and duplexes are permitted under the Type I
Review Procedure at a net density of less than 7.5 dwelling units
per acre when adjacent to Single Family detached dwellings in the
R-1 District. Performance residential development is permitted
under the Type I Review Procedure at a density factor of less than
5.5 dwelling units per acre when adjacent to single family detached
dwellings in the R-1 district. Transitional lot regulations
supersede this paragraph when applicable.
2) The only style of multifamily residential use permitted in the low
density residential area of a developing district is a 3 or 4 plex.
3) Nursing and personal care facilities are calculated at the
equivalent of six residents for each dwelling unit permitted in
Table 62.512.
167 - November 27, 1991
62.600 INCENTIVE DEVELOPMENT: This section of the ordinance establishes
standards for permitted uses in each zoning district to insure that the
public health, safety, and welfare are protected. Certain actiono by
landowners, however, can make higher intensity development on tracts
more attractive and publicly acceptable. Such actions include those
which enhance the environment (additional open space amenities), which
improve public safety (traffic and pedestrian amenities) , which lead to
more efficient and lower cost development (design features), or which
promote desirable social objectives (such as the provision of low and
moderate income housing). It is the purpose of this section to define
those features which the City of Rochester finds are of public benefit
and which go beyond meeting the minimum public health, safety and
welfare standards, and to provide applicants who provide these
additional features additional density or floor area as a trade-off.
62.610 APPROVAL PROCEDURE FOR INCENTIVE DEVELOPMENT: The Incentive
Development approval procedure shall be a two step process consisting
of a Preliminary Development Plan and a Final Development Plan. The
Preliminary Development Plan shall be reviewed under the Type III
Review Procedure, with a Phase II Hearing Process utilized. The Final
Development Plan shall be reviewed under the Type III Review Procedure,
with a Phase III Hearing Process utilized.
62.611 Notifications: Notice of public hearing required under the Type III
procedure shall be sent to all property owners within 350 feet of the
boundaries of the site.
62.612 Submission Criteria: The submission criteria for an Incentive
Development shall be the same as for a Conditional Use Permit, as
outlined in Appendix B and paragraph 60.504.
62.613 Staff Report: It shall be the responsibility of the Planning
Department to prepare a report on the preliminary and final development
plan for each Incentive Development application. The report shall
contain at a minimum a summary of the applicable criteria in paragraph
62.630 and the staff's opinion on whether each of the criteria have
been satisfied.
62.614 Changes to Approved Incentive Developments: The Zoning Administrator
may authorize certain changes to approved developments. He shall be
guided by the language of paragraph 61.148 in approving such changes.
Any other changes shall be processed through the Type III review
procedure, with the Phase I hearing process utilized. The Commission
shall be the designated hearing body.
62.620 STANDARDS FOR APPROVAL, PRELIMINARY DEVELOPMENT PLAN: The Council
shall approve a preliminary development plan if it finds that the
development has addressed and satisfied all the criteria listed in
paragraph 62.630(1) or that a practical solution consistent with the
public interest can be incorporated into the final development plans.
62.621 Standards for Approval, Final Development Plan: The Council .3hall
approve or approve with conditions a final development plan if it finds
that the development has satisfied all the criteria listed in paragraph
62.630(2) .
62.630 CRITERIA FOR INCENTIVE DEVELOPMENTS: In determining whether to
approve, approve with conditions, or deny an application, the
Commission and Council shall be guided by the following criteria:
1) Preliminary Development Plan - Criteria:
a) Suitability of the Area: The Commission and Council shall find
that the proposed site is suitable as the location for an
Incentive Development based on consideration of the following
factors:
168 - November 27, 1991
1) The proposed use is compatible with the existing land uses
in the area or the pattern of zoning within 1,000 feet of
the property boundaries.
2) The natural characteristics of the site under
consideration, including topography and soil
characteristics, necessitate increased density to allow for
economic development of the site.
b) Site Design Criteria: The Commission and Council shall find
that the preliminary development plan design is consistent with
the following guidelines:
1) Capacity of Public Facilities: The existing or future
planned utilities in the area are adequate to serve the
proposed development.
2) Geologic Hazards: The existence of areas of natural or
geologic hazard, such as unstable slopes, sinkholes,
floodplain, etc., has been identified and the development
of these areas has been taken into account or will be
addressed in the final development plan.
3) Natural Features: For developments involving new
construction, the arrangement of buildings, paved areas and
open space has, to the extent practical, utilized the
existing topography and existing desirable vegetation of
the site.
4) Traffic Generation Impact: Anticipated traffic generated
by the development will not cause the capacity of adjacent
streets to be exceeded, and conceptual improvements or the
need for improvements to reduce the impact of access points
on the traffic flow of adjacent streets have been
identified where needed.
5) Height Impacts: For developments involving new
construction, the heights and placement of proposed
structures are compatible with the surrounding development
in the following manner:
1) The structures will not deny adequate sunlight to
surrounding properties;
2) The siting of the structures will not destroy views
from the primary exposures of adjacent residential
dwellings;
6) Setbacks: For developments involving new construction,
proposed setbacks are related to building height and bulk
in a manner consistent with that required for permitted
uses in the underlying zoning district.
7) Internal Site Design: For developments involving new
construction, the preliminary site layout indicates
adequate building separation and desirable orientation of
the buildings to open spaces, street frontages or other
focal points.
8) Screening and Buffering: The conceptual screening and
bufferyards proposed are adequate to protect the privacy of
residents in the development or surrounding residential
areas from the impact of interior traffic circulation and
parking areas, utility ' areas such as refuse storage,
unwanted pedestrian/bicycle access, or to subdue
169 - November 27, 1991
differences in architecture and bulk between adjacent land
uses.
9) Ordinance Requirements: The proposed development includes
adequate amounts of off-street parking and loading areas
and, in the case of new construction, there is adequate
landscaped area to meet ordinance requirements.
2) Final Development Plan Criteria:
a) Public Facility Design: The design of private and public
utility facilities meet the requirements and specifications
which the applicable utility has adopted.
b) Geologic Hazard: Engineering means to deal with areas; of
geologic hazard have been incorporated into the development
plan or such areas have been set aside from development.
c) Access Effect: Ingress and Egress points have been designed
and located so as to address concerns identified in Phase I
regarding the operation of access points, and plans for private
improvements or evidence of planned public improvements which
will alleviate the problems have been provided.
d) Pedestrian Circulation: The plan includes elements to assure
that pedestrians can move safely both within the site and
across the site between properties and activities within the
neighborhood area, and, where appropriate, accommodations for
transit access are provided.
e) Foundation and Site Plantings: A landscape plan for the site
has been prepared which indicates the finished site will be
consistent with the landscape character of the surrounding
area.
f) Site Status: Adequate measures have been taken to insure the
future maintenance and ownership pattern of the project,
including common areas, the completion of any platting
activities, and the provision of adequate assurance to
guarantee the installation of required public improvements,
screening and landscaping.
g) Screening and Bufferyards: The final screening and bufferyard
design contains earth forms, structures and plant materials
which are adequate to satisfy the needs identified in
preliminary development plan for the project.
h) Final Building Design: The final building design is consistent
with the principles identified in preliminary development plan
relative to Height Impact, Setbacks, and Internal Site Design.
i) Internal Circulation Areas: Plans for off-street parking and
loading areas and circulation aisles to serve these areas meet
ordinance requirements in terms of design.
j) Ordinance Requirements: The proposed development is consistent
with the requirements of the underlying zoning district for
similar uses in regards to signage and other appearance
controls, and with general standards such as traffic visibility
and emergency access.
62.640 BONUS DENSITY OR FLOOR AREA: The amount of bonus density will be
negotiated with the Commission and Council during the Type III rslview
process. Density bonuses are granted in exchange for the incorporiLtion
of features determined to be of public benefit. The features to be
170 - November 27, 1991
considered are listed in paragraph 62.651 through 62.659. The features
to be used can be chosen at the option of the applicant.
62.650 CATEGORIES OF BONUSES: Eight categories of incentive features are
established. Each category is designed to address a different
development character or level of development intensity.
62.651 Low Density Residential Development: The criteria listed in this
paragraph will be considered in granting bonus density in the R-1, R-2,
and Developing (Low Density Residential) Districts.
1) Energy Conservation: The design of the site and building layout is
such as to reduce or provide for the potential reduction in energy
consumption. Features to' be considered are: a) building
orientation to take maximum advantage of the sun; b) higher
densities on south facing slope; c) the use of innovative housing
styles, such as underground housing, that have a demonstrated
effect for saving energy; d) demonstrated protection of solar
access through the use of solar access covenants; e) the use of
landscape forms and plantings to provide shading in summer, but
sunlight in the winter, and to provide windbreaks against the
prevailing winter winds.
2) The criteria listed in paragraph 62.657.
3) The criteria listed in paragraph 62.658.
62.652 Medium Density Residential Development: The criteria listed in this
paragraph will be considered in granting bonus density in the R-3
zoning districts:
1) Making provisions in the development for integration of double wide
or other types of manufactured housing with site built dwellings.
2) Energy conservation: Site design and building orientation laid out
in such a manner so as to reduce or provide for the potential
reduction in energy consumption. Features to be considered are: a)
the placement of higher densities on south facing slopes; b) taller
buildings sited towards the north portion of the site, but with
sufficient setback so as not to shade properties to the north.
3) The criteria listed in paragraph 62.657.
4) The criteria listed in paragraph 62.658.
62.653 High Density Residential Development: The criteria listed in this will
be considered in granting bonus density in the R-4 and CDC-Residential
zoning districts:
1) A minimum of one parking space per unit is enclosed within a
structure on the site or is located within 100 feet of the site and
linked to the building by means of an enclosed walkway or other
enclosed passage.
2) Architectural features designed to enhance the livability and
amenity of the dwelling units, either individually or collectively,
are included in the building design. Features to be considered
are: a) the use of increased setbacks, above the minimum ordinance
requirement, along at least sixty (60%) percent of the walls; b)
the provision of observation decks or rooftop terraces; c) the
provision of balconies or other private outdoor spaces for the use
of individual residences; or d) the design of common open space on
the lot in such a manner that direct sunlight reaches the space
during the majority of the daylight hours.
171 - November 27, 1991
3) Inclusion in the project of pedestrian oriented amenities such as
designated off-street loading zones, heated or covered sidewalks,
and multiple building entrances.
4) Provision of streetscape improvements by the developer, including
boulevard landscaping, street lighting, or sitting areas where
deemed appropriate.
5) Security conscious design incorporating features such as elevators
that are visible from adjacent public spaces, outdoor spaces that
are visible from the lobby or the dwelling units, and the lighting
of parking areas.
6) The criteria listed in paragraph 62.657.
7) The criteria listed in paragraph 62.658.
62.654 Low Intensity Commercial Development: The criteria listed in this
paragraph will be considered in granting bonus floor area in the B-1
Districts:
1) The provision of off-street parking spaces in excess of that
required by this ordinance when the development is located on a
street classified as a collector or an arterial.
2) The provisions of off-street areas for freight unloading,
deliveries, refuse pickup, and other services, provided such
features are oriented away from adjacent residential areas or
adequately screened from such areas.
3) The criteria listed in paragraph 62.658.
62.655 Nonresidential Development: The criteria listed in paragraph 62.658
will be considered in granting bonus floor area in the B-4, M-1, M-2
zoning districts.
62.656 Central Development Core: The criteria listed in this paragraph will
be considered in granting bonus floor area in the Central Development
Core (CDC) District.
1) Architectural treatment that involves the restoration, or
enhancement of significant historical, architectural or cultural
features of existing buildings, or new construction which is
harmonious with existing development in that: a) it avoids abrupt
changes in scale, or b) it incorporates increased setbacks at
floors above the second story.
2) Buildings adjacent to or across the street from public open spaces
located to the north are designed in such a manner so as to allow
sunlight to enter such spaces over sixty (60%) percent of the
daylight hours for up to nine months of the year.
3) -The design of the development incorporates features which provide
protection to pedestrian traffic from adverse climatic conditions.
Such features include: a) skyway or subway connections to adjacent
buildings across right-of-way; b) canopies or other exterior
coverings over sidewalks; c) heated sidewalks; d) enclosed
connections to public parking ramps, and e) provision of off-street
or protected passenger loading zones.
4) Provision of streetscape improvements which enhance the visual
appearance and create a feeling of openness on the site as
perceived at street level. Such amenities shall include boulevard
plantings, street lighting, sitting areas equipped with benches, or
other open space such as plazas or vestpocket parks.
- 172 - November 27, 1991
5) Making available space for small retail or business uses that. have
been displaced as a result of redevelopment occurring within the
Central Development Core district.
6) When the development does not abut an alley, the provision of other
means for off-street loading and deliveries.
62.657 All Residential Development: The criteria in this paragraph may be
considered for granting bonuses density in all residential developments
districts.
1) Proximity to Neighborhood Facilities: The development is designed
with a minimum of two bedrooms per unit and meets three of the
following locational criteria in relation to neighborhood
facilities.
a) it is within 1/4 mile of a nursery school
b) within 1/2 mile of an elementary school
c) within 3/4 mile of a junior high school
d) within 1/4 mile of a neighborhood playground
e) within 1/2 mile of a neighborhood shopping center or 1/4 mile
of a convenience retail use.
2) Dedication of land for public recreation use which is in excess of
any ordinance requirements for usable recreation space. Facilities
to be considered include playlots, neighborhood parks, community
park, special use parks, city squares or triangles, parkways or
trail systems providing access to major public facilities or along
environmental corridors.
3) Development within one-quarter mile of a bus shelter or the
provision of a new bus shelter along an existing transit route.
4) Installation of noise buffers where the development is exposed to
traffic-generated or industrially-generated noise exceeding the
permitted residential noise level of this ordinance. The buffer
shall reduce the level of noise to a level no more than five
decibels above the permitted noise level.
5) Site Planning: Integrated design of the site, individual lots and
floor plans so as to provide 1) a varied streetscape (through
varying garage and dwelling unit entrance location, landscaped
front yards designed as part of initial project, or building
variations that create identity through the use of features such as
setback vacation, archways, chimneys or recessed areas) and 2)
individual unit privacy, (through orientation of major indoor areas
to private outdoor spaces or window placement in such a manner so
as not to create sightlines into neighboring units or private
outdoor areas) .
6) Housing for Low Income Households: Aside from the other provisions
of this section, any unit constructed for low income families shall
earn a bonus of one (1) additional dwelling unit, up to the maximum
density with bonus permitted. The units shall meet one of the
following three requirements:
a) they are provided under a contract with a governmental housing
authority which provides assurance that the units will be made
available to low income families for at least twenty-five (25)
years;
173 - November 27, 1991
b) The units are subsidized by either the federal, state or local
government;
c) the development application is accompanied by covenant
documents or other adequate documents guaranteeing the use of
those dwellings for low income families. The documents shall
not be accepted until approval by the City as to legal from and
effect, providing that the use restriction be for at least 25
years.
In no event shall this bonus be permitted where subsidized or guranteed
units constitute more than thirty (30%) percent of a development,
except where the development consists of less than ten (10) dwelling
units.
7) Storm Shelter: The providing of storm shelter space in accordance
with the provisions of 62.266(3).
62.658 All Development: The criteria in this paragraph may be considered for
granting bonus density in all developments:
1) Storm water Management: The developer provides on-site or off-site
improvements to stormwater facilities that will minimize existing
flooding, erosion or siltation problems resulting from obsolete or
non-existing stormwater facilities up or downstream from the tract
in question; or the developer provides improvements such as over-
sized retention basins, channel improvements, or recharge
facilities which reduce or eliminate existing flooding, erosion or
siltation caused by urban development either up or downstream. The
City Council shall determine that the existing problems are
sufficient to grant the bonus, based upon the recommendation of the
city engineer.
2) The development proposes to integrate the reuse of an existing
structure which has been vacant for twenty four consecutive months.
3) Easements consistent with the proposed flood control project are
provided, or other bank treatment or river beautification which
will result in increased usage of the area along existing streams
for walking, sitting, or other means of passive recreation are
developed.
4) Street improvements normally provided by the City of Rochester are
constructed, dedicated or paid for by the developer. Examples
include the provision of right-of-way for arterial streets beyond
that normally required to be dedicated, or the construction or
payment for turn lanes, signal lights, increased pavement depths,
etc.
5) Utility Service: The development of the site will lead to
increased efficiency in the existing public utility delivery system
or the more efficient use of already existing utilities. This
means, a) that the necessary utilities already exist on the
property to be served, or b) the development of the property will
provide a necessary link or connection to complete the system or
improve service.
6) Integrated Planning: The proposed development involves the
integrated development of a site which is a minimum of one acre in
size and located in an established district.
7) Each 4 percent increase in the landscape area ratio above the
minimum required shall be considered as meeting the criteria for
bonus density/floor area or an increase in plant materials so as to
exceed minimum requirements.
174 - November 27, 1991
8) The proposed development minimizes access points by utilizing
shared access points with adjacent developments, resulting in a
reduction in the number of driveway openings on a collector or
higher level street.
9) Parking lot landscaping for the purpose of screening residential
areas and/or right of way areas from concentration of vehicles.
175 - November 27, 1991
62.700 RESTRICTED DEVELOPMENT: Certain mixtures of land uses which are not
allowed within a given zoning district on a permitted or conditional
basis can, if regulated, serve both the public interest and allow a
more equitable balancing of private interests than that achieved by
strict adherence to standard zoning regulations. The regulations of
this article recognize and provide encouragement for innovation and
experimentation in the development of land that would otherwise not be
possible under the zoning district regulations established by this
ordinance.
62.701 Approval Procedures for Restricted Developments: All types of
Restricted Development are identified as Type I, II or III uses in
Sections 62.720 through 62.760, and are processed according to the Type
I, II or III Review Procedures accordingly. For Type III Restricted
Developments, a two step review process consisting of a Preliminary
Development Plan and a Final Development Plan shall be utilized. The
Preliminary Development Plan shall be reviewed under the Type III
Review Procedure, with a Phase II Hearing Process utilized. The Final
Development Plan shall be reviewed under the Type III Review Procedure,
with a Phase III Hearing Process utilized.
62.702 Notifications: Notice of Proposed Action required under the Type II
procedure shall be sent to all owners of property directly abutting the
site under consideration, or who are separated from it only by a
street, alley, railroad right-of-way, walkway or watercourse. Notice
of Public Hearing required under the Type III Procedure shall be sent
to all property owners within 350 feet of the boundaries of the site.
62.703 Submission Criteria: The submission criteria for a Type I Restricted
Development shall be the same as for a Zoning Certificate, as outlined
in Appendix B and paragraph 60.504. The submission criteria for a Type
II or III Restricted Development shall be the same as for a Conditional
Use Permit, as outlined in Appendix B and paragraph 60.504.
62.704 Criteria for Type I and Type II Developments: In reviewing
applications for Type I or II Restricted Developments, the Zoning
Administrator will review the proposal to determine if it is in
conformance with the regulations of the applicable sections in this
Article and that it is consistent with other ordinance criteria that
may apply. If the Zoning Administrator is satisfied that the proposal
meets all criteria, he may issue a zoning certificate for Type I
developments, or he may grant preliminary approval for a Type II
development subject to notifying the Commission of his decision as
required in the Type II process.
62.705 Staff Report for Type III Restricted Developments: It shall be the
responsibility of the Planning Department to prepare a report
containing, at a minimum, a summary of the applicable criteria listed
in paragraph 62.708 and the staff's opinion on whether each of the
criteria have been satisfied.
62.706 Standards for Approval, Preliminary Development Plan: The Council
shall approve a preliminary development plan if it finds that the
development has addressed and satisfied all the criteria listed in
paragraph 62.708(1) , or that a practical solution consistent with the
public interest can be incorporated into the final development plan, or
a modification for unmet criteria has been granted as provided for in
paragraph 62.712.
62.707 Standards for Approval, Final Development Plan: The Council shall
grant final approval to a Type III Restricted Development if it finds
that, in addition to satisfying the Preliminary Development Plan
Standards for Approval listed in the preceding paragraph, the
development has satisfied all the applicable criteria listed in
paragraph 62.708(2) or a modification for any unmet criteria has been
granted as provided for in paragraph 62.712.
176 - November 27, 1991
62.708 Criteria for Type III Developments: In determining whether to approve,
deny, or approve with conditions an application, the Commission and
Council shall be guided by the following criteria:
1) Preliminary Development Plan Criteria:
a) Capacity of Public Facilities: The existing or future planned
utilities in the area are adequate to serve the proposed
development.
b) Geologic Hazards: The existence of areas of natural or
geologic hazard, such as unstable slopes, sinkholes,
floodplain, etc., have been identified and the development of
these areas has been taken into account or will be addressed in
the Phase II plans.
c) Natural Features: For developments involving new construction,
the arrangement of buildings, paved areas and open space has,
to the extent practical, utilized the existing topography and
existing desirable vegetation of the site.
d) Residential Traffic Impact: When located in a residential
area, the proposed development:
1) Will not cause traffic volumes to exceed planned capacities
on local residential streets;
2) Will not generate frequent truck traffic on local
residential streets;
3) Will not create additional traffic during evening and
nighttime hours on local residential streets;
e) Traffic Generation Impact: Anticipated traffic generated by
the development will not cause the capacity of adjacent streets
to be exceeded, and conceptual improvements to reduce the
impact of access points on the traffic flow of adjacent streets
have been identified where needed.
f) Height Impacts: For developments involving new construction,
the heights and placement of proposed structures are compatible
with the surrounding development. Factors to consider include;
1) Will the structure block sunlight from reaching adjacent
properties during a majority of the day for over four (4)
months out of the year;
2) Will siting of the structure substantially block vistas
from the primary exposures of adjacent residential
dwellings created due to differences in elevation.
g) Setbacks: For developments involving new construction,
proposed setbacks are related to building height and bulk in a
manner consistent with that required for permitted uses in the
underlying zoning district.
h) Internal Site Design: For developments involving new
construction, the preliminary site layout indicates adequate
building separation and desirable orientation of the buildings
to open spaces, street frontages or other focal points.
i) Screening and Buffering: The conceptual screening and
bufferyards proposed are adequate to protect the privacy of
residents in the development or surrounding,residential areas
from the impact of interior traffic circulation and parking
177 - November 27, 1991
areas, utility areas such as refuse storage, noise or glare
exceeding permissible standards, potential safety hazards,
unwanted pedestrian/bicycle access, or to subdue differences in
architecture and bulk between adjacent land uses.
j) Ordinance Requirements: The proposed development includes
adequate amounts of off-street parking and loading areas and,
in the case of new construction, there is adequate landscaped
area to meet ordinance requirements.
k) General Compatibility: The relationship of the actual
appearance, general density and overall site design of the
proposed development should be compared to the established
pattern of zoning, the character of the surrounding
neighborhood and the existing land forms of the area to
determine the general compatibility of the development with its
surroundings.
2) Final Development Plan Criteria:
a) Public Facility Design: The design of private and public
utility facilities meet the requirements and specifications
which the applicable utility has adopted.
b) Geologic Hazard: Engineering means to deal with areas of
geologic hazard have been incorporated into the development
plan or such areas have been set aside from development.
c) Access Effect: Ingress and Egress points have been designed
and located so as to:
1) Provide adequate separation from existing street
intersections and adjacent private driveways so that
traffic circulation problems in public right-of-ways are
minimized;
2) Not adversely impact adjacent residential properties with
factors such as noise from accelerating or idling vehicles
or the glare of headlights from vehicles entering or
leaving the site.
In addition, where the preliminary development plan identified
potential problems in the operation of access points, plans for
private improvements or evidence of planned public improvements
which will alleviate the problems have been provided.
d) Pedestrian Circulation: The plan includes elements to assure
that pedestrians can move safely both within the site and
across the site between properties and activities within the
neighborhood area, and, where appropriate, accommodations for
transit access are provided.
e) Foundation and Site Plantings: A landscape plan for the site
has been prepared which indicates the finished site will be
consistent with the landscape character of the surrounding
area.
f) Site Status: Adequate measures have been taken to insure the
future maintenance and ownership pattern of the project,
including common areas, the completion of any platting
activities, and the provision of adequate assurance to
guarantee the installation of required public improvements,
screening and landscaping.
g) Screening and Bufferyards: The final screening and bufferyard
design contains earth forms, structures and plant materials
178 - November 27, 1991
which are adequate to satisfy the needs identified in Phase I
for the project.
h) Final Building Design: The final building design is consistent
with the principles identified in preliminary development plan
relative to Height Impact, Setbacks, and Internal Site Design.
i) Internal Circulation Areas: Plans for off-street parking and
loading areas and circulation aisles to serve these areas meet
ordinance requirements in terms of design.
j) Ordinance Requirements: The proposed development is consistent
with the requirements of the underlying zoning district for
similar uses in regards to signage and other appearance
controls, and with general standards such as traffic visibility
and emergency access.
62.709 Status of Approved Type III Restricted Development: Following Council
approval of a final development plan, the zoning administrator may
issue a zoning certificate for the development consistent with the
approved plan. The procedure for handling changes to an approved plan
shall be the same as for Conditional Uses, which is identified in
paragraph 61.148.
62.710 STAGE DEVELOPMENTS: Where a development is to be constructed in
stages, landscape area and usable recreation area shall be developed
during the initial stages or during construction of each state in
proportion to the amount of intensity (density or floor area) proposed
for the stage relative to the overall intensity.
62.711 Annual Report: The zoning administrator shall prepare an annual report
for the Commission and Council regarding the status of all incomplete
Restricted Developments. If development is not progressing, the owner
shall be required to submit a statement stating the reasons for lack of
progress and indicating a tentative schedule of completion. After a
minimum period of two years from the initial date of approval the
Council may, if it finds the development is not progressing and the
lack of progress is not substantiated by reasonable facts, revoke
approval of the project.
62.712 :- Modifications: The Council may waive the need to satisfy certain
approval criteria during the Type III review if it finds:
1) The applicant has demonstrated that the plan as submitted
adequately compensates for failing to address the criterion in
question.
2) The strict application of any provision would result in exceptional
practical difficulties to, or exceptional and undue hardship upon,
the owner of such property, provided the modification may be
granted without substantial detriment to the public good and
without substantially impairing the purposes of this ordinance or
the policies of the Land Use Plan.
62.720 MIXED USE DEVELOPMENT: This section contains the regulations
applicable to a development on a tract of land involving the
establishment of at least one use which is not permitted in the
applicable zoning district.
62.721 Application of Approval Criteria: In reviewing a mixed use
development, only those uses not permitted by the underlying zoning
district shall be reviewed against the criteria contained in this
Article. Other uses in a mixed use development shall be reviewed in
light of the applicable zoning district criteria for those uses.
179 _ November 27, 1991
62.722 Mixed Use Developments, Residential Districts: The criteria in this
paragraph established intensity guidelines for Mixed Use Developments
in Residential Districts:
Floor Area Minimum
Minimum Ratio (1) Percentage
Site 1st 2nd 3rd 4th 5+ Landscape Maximum
Zoning District Area AC. AC. AC. AC. AC. Area (2) Height
R-1 District 12,500 88 7% 6% 5% 4% 50% 20
R-2 and Low Density 10,000 10% 9% 8% 7% 6% 40% 20
Residential Areas
R-3 and Medium Den- 8,000 14% 13% 12% 11% 10% 35% 30
sity Residential
Areas
R-4 District 6,000 18% 17% 16% 15% 14% 25% 30
1) The Floor Area Ratio shall be applied against the base site area of
the entire development under consideration.
2) The Landscape Area percentage shall be applied to all uses in the
development, superseding percentages listed elsewhere for separate
residential or nonresidential uses.
These guidelines may be exceeded when approving a mixed use
development when the Council, in addition to the criteria in
paragraph 62.708, finds that:
a) the unique nature of the proposed development is such that the
spirit and objectives of the ordinance will not be violated;
b) the development will not be materially detrimental to the
public welfare or injurious to other property in the area;
c) the development will not adversely affect the implementation of
the comprehensive plan.
62.723 Mixed Use Development, R-1 and R-2: In an R-1 or R-2 District or upon
any lot which is adjacent to an R-1 or R-2 District, a mixed use
development may be approved as a Type II use if it satisfies the
following criteria:
1) Permitted Use Types.
Office Day Care
Repair & Maintenance Shops Personal Services
Retail Agricultural
2) The development does not exceed the standards listed in paragraph
62.722.
3) The development is located along a Collector or higher order
street.
4) The appearance standards applicable to nonresidential uses
permitted in the underlying district are satisfied.
5) The nonresidential buildings and parking are:
a) separated from existing one family dwellings by a distance of
200' or by residential buildings in the proposed development,
or
180 - November 27, 1991
b) separated from existing one family dwellings by a freeway or
expressway, or
c) adjacent to uses on the same block or across the street which
are nonresidential, institutional, or multifamily or land which
is vacant and zoned for such use.
d) isolated from adjacent one family dwellings by significant
topographical features such as elevation changes, ravines or
water courses.
6) Other uses not listed in 62.723 (1) may be considered for approval
as Type III uses.
62.724 Mixed Use Development In R-3 Districts: In an R-3 District a mixed use
development is subject to the provisions and approval procedures of
62.723. If not abutting a lot zoned R-1 or R-2, the mixed use
development may be approved as Type I development if it meets the
following criteria:
1) Permitted Use Types:
office Personal Service
Retail Trade Day Care
Convenience Retail Retail Agricultural
Self Service Storage
2) The development meets the district standards listed in paragraph
62.722.
3) The development is located along a major local or higher order
street.
4) Bufferyards for the nonresidential use are provided which are equal
in magnitude to those which would be required if the land was zoned
B-1.
5) The development meets the Appearance Controls for permitted
nonresidential use in the R-3 District.
6) Nonresidential buildings are separated from one family dwelling
located in an R-1 or R-2 District by:
a) a minimum distance of 200' or
b) by residential buildings in the proposed development or
c) by an expressway or freeway;
d) by adjacent land uses which are non-residential, institutional
or multifamily or vacant land zoned for such purposes or
e) by significant topographical features which serve to separate
the uses, such as elevation changes.
62.725 Mixed Use Development in an R-4 District: In an R-4 District, a mixed
use development is subject to the provisions and approval procedures of
62.723. If not abutting a lot zoned R-1 or R-2 a mixed use development
may be approved as a Type I use of it meets the criteria listed in
paragraph 62.724. Additional uses which may be considered are
Restaurants and Indoor Athletic Facilities.
62.726 Mixed Use in a Developing District Residential Area: In the Developing
District a mixed use development may be approved as a Type I use if it
181 - November 27, 1991
meets criteria 2 through 6 in paragraph 62.724 and involves any of the
following uses:
Office Day Care
Convenience Retail Retail Agriculture
Personal Service Repair and Maintenance Shops
62.727 Mixed Use Development, Other Districts: The following criteria shall
apply to mixed use developments in nonresidential districts:
1) Residential uses in nonresidential areas of the Central Development
Core meeting the standards for permitted residential use in the R-4
District may be approved as a Type I use subject to the provision
that the residential use shall not be located on the ground level
or second floor of such a development in the Central Business
District or Fringe area of the Central Development Core. In
addition, landscape area need only meet the requirements for
permitted nonresidential uses in the district, and the required
usable recreation area can be reduced by 75 percent if the
development is within 1/4 mile of a city park or recreational area.
2) The standards of the R-3 District shall be used as a guide for any
residential use in a Mixed Use Development in any Nonresidential
District outside of the Central Development Core.
3) Nonresidential uses not normally permitted in the underlying
district shall use as guidelines the standards for permitted uses
in the underlying zoning district.
4) Other uses in any development district created pursuant to
Minnesota Statutes Chapter 472A may be considered by the Commission
and Council subject to the approval criteria applicable to Mixed
Use Development.
Projects under subparagraphs (2) , (3), and (4) shall be processed under
a Type III Review Procedure, with the Phase III Hearing Process
utilized.
62.730 TRANSITIONAL DEVELOPMENT: This section contains the regulations
applicable to development on a parcel of land in a residential district
which abuts a nonresidential district, where it has been determined
that modified use regulations should be applied in the interest of
creating a buffer or transition between the uses in the two districts.
62.731 Definitions: For the purposes of this section the following definition
shall apply:
1) Transitional Lot: A zoning lot other than a corner lot which has a
side lot line abutting directly or across an alley any Established
or Provisionally zoned Nonresidential District.
62.732 Type I Transitional Developments: The following types of transitional
development are permitted through the Type I procedure:
1) In the R-Sa and R-1 Districts, a transitional lot may be developed
according to the regulations of the R-2 district; in the R-2
District any transitional lot may be developed according to the
regulations of the R-3 District.
2) In the R-1 District, any lot abutting on the side a permitted
nonresidential use such as convenience retail use may be developed
according to the regulations in the R-2 district.
62.733 Type II Transitional Developments: Development on transitional lot
involving the reuse or renovation of an existing structure shall be
permitted for any of the uses listed in 62.723 (1) through the Type II
182 - November 27, 1991
procedure. Notice of proposed action shall be sent to all property
owners abutting the site directly or across any right-of-way. The
Zoning Administrator shall find that all applicable ordinance
requirements will be met, with the modification that the Landscape Area
requirement of the adjacent non-residential district shall be used as a
guide to test conformance.
62.734 Type III Transitional Development: Any development permitted in the
adjacent nonresidential district may be considered for approval on a
transitional lot through the Type III procedure, subject to the
criteria in paragraph 62.708.
62.735 Transitional Development in Developing District: Where land adjacent
to a transitional lot in the Developing Low Density Residential
District is zoned R-1, the permitted uses shall be those indicated in
the table in Paragraph 62.511 for Established R-2 zoning; where the lot
adjacent to a transitional lot is zoned R-2, the permitted uses shall
be those indicated in the table in Paragraph 62.511 for Established R-3
zoning.
62.736 Transitional Area Development: The ordinance recognizes that the Land
Use Plan designation for certain areas of the city may not coincide
with the current zoning designation of the property. This may occur
where the City, in adopting the plan, has acknowledged those first
transitional uses to invade an area and has determined that the future
pattern should be to encourage the continued succession of the existing
uses with this new pattern of development.
Often, however, the initial developments are of such scattered or
infrequent nature so as not to justify the rezoning of an area in
accord with the Plan while the majority of existing uses live out their
useful economic life. To cope with those first uses that represent
this initial change, the ordinance allows consideration of uses that
are determined by the Council to be consistent with the findings of
paragraph 61.514, but inconsistent with the present zoning as a Type
III Restricted Development.
62.740 Adaptive Reuse, Cultural Buildings: The development of any building,
structure or area listed on the National Register of Historic Places,
or any locally established register of historic sites or buildings, or
the development of any building originally constructed for educational
or religious purposes, where the reuse of the property involves uses
not normally permitted in the underlying zoning district or permitted
uses at an intensity exceeding the standards of the underlying
district. Special regulations are applied to this type of reuse
because of the difficulty present in adapting these structures to allow
economic and efficient use of the property.
62.741 Type I Adaptive Reuse Development: The following types of Adaptive
Reuse are permitted through the Type I procedure:
1) In any residential district, the adaptation of a structure for use
as residential dwelling units or the development of a social
service such as a day care, or senior citizens center, where the
development does not involve any expansion to the existing
structure and the zoning administrator determines that parking
needs can be met by the existing off-street parking area provided.
The zoning administrator may impose conditions related to
landscaping and bufferyards similar to those required for new Area
Accessory uses, as described in Section 62.930.
2) In any nonresidential district, the adaptation of the structure for
any Type I use permitted in the underlying zoning district.
62.742 Type II Adaptive Reuse! Development: The following types of Adaptive
Reuse are permitted through the Type II procedure:
183 - November 27, 1991
1) In any residential district, adaptation of a structure for any of
the uses listed and as regulated by paragraph 62.723 may be
considered through the Type II procedure where the development does
not involve any expansion to the existing structure, it is located
along a major local or higher order street, and other applicable
ordinance requirements, such as appearance controls and parking
requirements, are satisfied.
2) In any nonresidential district, adaptation of the structure for any
Type II use permitted in the underlying zoning district.
62.743 Type III Adaptive Reuse Development: All other adaptive reuse
developments are considered Type III developments. In addition to the
criteria in paragraph 62.708, the Council shall also find that:
1) The proposed adaptive use of the building or site will lead to its
continued preservation and improvement in an appropriate manner
while retaining the integrity of the neighborhood.
2) Any new structures will be in keeping with the character of the
building or site.
62.750 COMMERCIAL RECREATIONAL AREAS: A development designed and equipped for
the conduct or sport of leisure activities which is operated as a
private business and open to the public for a fee, characterized by a
low intensity of use relative to the land area involved (such as ski
hills, golf courses or campgrounds), and which is proposed for location
outside of a commercially zoned area.
The location of such uses outside of commercial areas may in certain
instances be in the public interest, since it will allow the economic
use of land that otherwise exhibits serious constraints for development
due to its unique topography or the nature of its vegetative cover.
62.751 Procedure: All requests for a commercial recreation area under the
provisions of Restricted Development shall be processed under the Type
III procedure, with the Phase II hearing process utilized.
62.752 Submission Criteria: The criteria for commercial recreation area shall
be the same as for a Conditional Use Permit, as outlined in Appendix B.
The Zoning Administrator is not required to make findings of Land Use
Plan Conformance before accepting the application.
62.753 Criteria for Approval: In taking action on a request for a commercial
recreation area, the Council shall make the following findings before
approving the application:
1) The application conforms to the Land Use Plan (See paragraph 61.514
for findings).
2) The criteria for approval of Conditional Use Permits contained in
paragraph 61.146 is satisfied.
These criteria shall be substituted for the normal approval criteria
applicable to Type III Restricted Developments.
62.760 ADAPTIVE REUSE, COMMERCIAL BUILDINGS: A development involving the
reuse of a building constructed after the effective date of the
ordinance in an R-1 and R-2 District for occupancy by a Convenience
Retail or Office use, or a building in existence on the effective date
of the ordinance presently in a Residential District which was a
conforming non-residential use under the previous ordinance.
62.761 List of Acceptable Use Types: In addition to reuse of a structure for
Convenience Retail or Office use, the following uses, may be
established:
184 - November 27, 1991
Day Care Facilities Personal services
Multi-Family Residential
62.762 Procedures for Approval: Approval of the adaptive reuse of a
commercial building may be processed under:
1) The Type I procedure where the proposed development involves a
Convenience Retail use meeting Type I standards or any of the other
uses listed in paragraph 62.761, and no expansion of the existing
structure is involved and the zoning administrator finds the
development will meet other applicable ordinance requirements;
2) The Type II procedure if the original occupancy of the building was
a Convenience Retail use requiring Type II and III approval;
3) The Type III procedure for all other proposed developments.
185 - November 27, 1991
62.800 FLOOD DISTRICTS AND INTENT: The intent of the flood district
regulations is to guide development in the flood plain consistent with
the flood threat, in order to minimize loss of life and property,
disruption of commerce and governmental services, extraordinary public
expenditure for public protection and relief, and interruption of
transportation and communication, all of which adversely affect the
public health, safety and general welfare.
62.801 Flood Fringe District Purpose: The purpose of the flood fringe
district is to insure that uses and structures within the district are
properly flood protected, consistent with accepted principles and
standards for flood protection, resulting in developments which will
suffer minimal damage from flooding and are of such a nature so as to
have a minimal effect on the ability of the flood plain to discharge
flood waters.
62.802 Floodway District Purpose: The purpose of the floodway district is to
assure that adequate space is retained within the channel and adjoining
flood plain to carry and discharge the regional flood, and to restrict
or prohibit uses which are dangerous to health or safety, or result in
economic loss, in times of flood.
62.803 Flood Prone District Purpose: The purpose of the flood prone district
is to guide development in generally undeveloped areas of the flood
plain in such a manner so as to reduce the loss of flood storage volume
in the flood plain, and to avoid increases in downstream flood levels
and in the velocity of flood waters.
62.810 DESIGNATION: Each individual flood district represents a set of
regulations superimposed upon the existing zoning districts,
superseding existing underlying regulations only to the extent that
developments must meet the additional standards of this chapter as well
as those of the underlying district in order to be in compliance with
this ordinance.
The Flood Fringe District (FF), the Floodway District (FW), and the
Flood Prone District (FP) are identified upon the zoning map, and
reference to the status of any property located in one of the flood
related districts is made by the District symbol (FF, FW, or FP) being
postfixed to a use district symbol (examples R-1/FF, B-4/FW, M-2/FP) .
To aid in the identification and designation of properties in the flood
related districts, certain materials are attached and hereby adopted by
reference and declared to be part of this ordinance. These materials
include the most current Flood Insurance Study for the City of
Rochester, Minnesota, prepared by the Federal Emergency Management
Agency, and adopted by the City of Rochester and the Flood Boundary and
Floodway Maps (FBFM) and Flood Insurance Rate Maps (FIRM) therein.
The provisions of the flood related districts apply to all lands within
the City of Rochester along the Zumbro River, Bear Creek, Cascade
Creek, Silver Creek, and Willow Creek.
62.811 Designation of Floodway District (FW) : The provisions in this chapter
relating to the floodway district shall apply to all lands identified
as floodway on the Floodway Boundary and Floodway Maps described in
62.810. The designation of the floodway district is based on
engineering and hydraulic studies consistent with flood plain
management standards in Minnesota Regulations NR 86 and 87.
62.812 Designation of Flood Fringe District: The provisions of this chapter
relating to the flood fringe district shall apply to all lands as shown
on the zoning map lying outside of the floodway district, but within
the area encompassed by the regional flood elevation as shown on the
attached FIRM and FBFM maps. The designation of the flood fringe
- 186 - November 27, 1991
district is based on engineering and hydraulic studies consistent with
flood plain management standards in Minnesota Regulations NR 86 and 87.
62.813 Designation of Flood Prone District (FP): The provisions of this
chapter relating to thei flood prone district shall apply to all lands
annexed to the City after November 3, 1980, which are outside of the
floodway district but within the area encompassed by the regional flood
elevations as shown on the attached FIRM and FBFM maps.
62.814 Warning and Disclaimer of Liability: The degree of flood protection
intended to be provided by the zoning code is considered reasonable for
regulatory purposes and is based on engineering and other specific
methods of study. Larger floods may occur on rare occasions or the
flood height may be increased by man-made or natural causes, such as
ice jams or bridge openings restricted by debris. The zoning code does
not imply that areas outside of designated flood plain districts or
land uses permitted within such districts will always be totally free
from flooding or flood damages. Nor shall the zoning code create a
liability on the part of, or be a cause of action against the City of
Rochester or any employee thereof for any flooding or flood damages
that may result from reliance on the zoning code.
62.815 Reclamation: Nothing herein shall be so construed as to prohibit the
lawful rehabilitation or reclamation of any lands outside of the
floodway, provided that no filling, draining, construction of levees or
other improvements intended to eliminate or reduce the danger of the
flood or erosion shall be commenced until first reviewed and authorized
by the zoning administrator.
62.816 Right of Passage: No person may obstruct the passage of water and
watercraft nor restrict the lawfully permitted use by the public of the
bed, banks, water and floodway of any stream, within the City of
Rochester.
62.820 PROCEDURES: The requirements in this section shall supplement the
procedural requirements of the underlying zoning district in any flood
district. Conditional Use Permits shall be processed under the Type
III Review, with a Phase III hearing process utilized.
62.821 Amendments to a Flood District Designation: The Council may initiate
an amendment to a flood district boundary upon request from a property
owner. The procedures for processing an amendment to this ordinance,
as defined in 60.332, shall be followed. The applicant shall submit
all necessary technical documentation to assist the Council in their
review of the petition. The flood plain designation on the official
zoning map shall not be removed from flood plain areas unless it can be
shown that the designation is in error or that the area has been filled
to or above the elevation of the regional flood and is contiguous to
lands outside the flood plain. Special exceptions to this rule may be
permitted by the Commissioner of Natural Resources if the commissioner
determines that, through other measures, lands are adequately protected
for the intended use.
All amendments to the flood plain provisions of this zoning code,
including amendments to the official zoning map, must be submitted to
and approved by the Commissioner of Natural Resources prior to
adoption. Changes in the official zoning map must meet the Federal
Emergency Management Agency's (FEMA) Technical Conditions and Criteria
and must receive prior FEMA approval before adoption. The Commissioner
of Natural Resources must be given 10-days written notice of all
hearings to consider an amendment to the zoning code and said notice
shall include a draft of the amendment or technical study under
consideration.
187 _ November 27, 1991
62.822 Conditional Use Permits - Submission Requirements: Applications for
Conditional Use Permits required by this chapter shall include the
information required by paragraph 61.144 and the following information:
1) Plans in triplicate drawn to scale showing the nature, location,
dimensions and elevations of the lots, existing or proposed
structures, fill, storage of materials, flood-proofing measures,
and the relationship of the above to the locations of the stream
channel. One set of plans shall transmitted to a designated
engineer or other expert person or agency for technical assistance,
where necessary, in evaluating the proposed project in relation to
flood heights and velocities, the seriousness of flood damage to
the use, the adequacy of the plans for protection, and other
technical matters.
2) Specifications for building construction and materials, flood-
proofing, filling, dredging, grading, channel improvement, storage
of materials, water supply and sanitary facilities.
3) Any additional information deemed necessary by the commission to
determine the suitability of the particular site for the proposed
use.
62.823 Notifications: Notification procedures for conditional uses, defined
in 61.143, shall also be followed for conditional uses in the Flood
Districts. In addition, a copy of the application and written notice
shall be mailed to the Commission of Natural Resources sufficiently in
advance so that the Commissioner will receive at least ten (10) days
notice of the hearing.
62.824 Conditional Use Permits - Standards for Approval: When deciding on
Conditional Use Permits in any of the flood districts, the following
factors, in addition to the standards of paragraph 61.146 shall also be
considered:
1) The danger to life and property due to increased flood heights or
velocities caused by encroachments.
2) The danger that materials may be swept onto other lands or
downstream to the injury of others.
3) The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination, and unsanitary
condition.
4) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner.
5) The importance of the services provided by the proposed facility to
the community.
6) The need for a waterfront location for the facility.
7) The availability of alternative locations not subject to flooding
for the proposed use.
8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9) The relationship of the proposed use to the comprehensive plan and
flood plain management program for the area.
10) The safety of access to the property in times of flood for ordinary
and emergency vehicles.
188 - November 27, 1991
11) The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
12) Such other factors which are relevant to the purposes of Article
62.800.
62.825 Decisions: A copy of all decisions granting conditional use permits in
the Flood Districts shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such action.
62.826 Submission Requirements, Lands Removed from Special Flood Hazard Area:
Where an applicant can provide documentation that a Letter of Map
Amendment (LOMA) has been issued by the Federal Emergency Management
Agency relative to a lot identified on the FBFM or FIRM as being in a
flood district, the submission requirements shall be those applicable
in the underlying zoning District.
62.827 Flood-Proofing Certification: The applicant shall be required to
submit certification by a registered professional engineer, registered
architect, or registered land surveyor that the finished fill, and
building elevations were accomplished in compliance with the provisions
of this ordinance. A registered professional engineer or architect
shall certify that the flood-proofing methods are adequate to withstand
the flood depth, pressures, velocities, impact and uplift forces.
Where a nonconforming structure is extended or substantially altered
the certificate of zoning compliance shall specifically state the
manner in which the nonconforming use or structure differs from the
provisions of this ordinance.
62.828 Records: The zoning administrator shall maintain a record of the
lowest floor (including basement) elevation of all new structures and
alterations or additions to existing structures in any of the flood
districts. A record of the flood-proofing measures utilized shall also
be maintained.
62.829 State and Federal Permits: Prior to granting a zoning certificate or
processing an application for a conditional use permit or variance
required by this Article, the zoning administrator shall determine that
the applicant has obtained all necessary state and federal permits
pertaining to flood-proofing and flood protection measures.
62.830 USES PERMITTED: The regulations within this article establish those
uses which are permitted in each of the flood districts, subject to the
further restriction that any use contemplated shall also be permitted
in the underlying zoning district.
62.831 Permitted Uses, Floodway and Flood Prone Districts: Permitted uses are
the following uses which have a low flood damage potential and do not
obstruct flood flows. These uses are permitted within the Floodway and
Floodprone Districts to the extent that they are not prohibited by the
underlying zoning district or any other ordinance and provided they do
not require structures,' fill or storage of materials or equipment. In
addition, no use shall adversely affect the capacity of the channel or
floodways of any tributary to the main stream, or of any drainage ditch
or other drainage facility.
1) Agricultural uses such as: general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
2) Industrial-commercial uses such as: loading areas, parking areas,
billboards, airport landing strips.
3) Private and public recreational uses such as: golf courses, tennis
courts, driving ranges, picnic• grounds, boat launching ramps,
189 _ November 27, 1991
swimming area, parks, wildlife and nature preserves, fishing areas,
recreational trails.
4) Residential uses such as: lawns, gardens, parking areas, and
recreation areas.
62.832 Uses in the Flood Fringe District: Uses permitted in the flood fringe
district are the same as those permitted by the underlying zoning
district, subject to meeting the construction standards established for
the flood fringe district in Section 62.840.
62.833 Conditional Uses, Floodway District: The following uses involving
structures (temporary or permanent), fill, or the storage of materials
or equipment, are permitted in the floodway district only after the
issuance of Type III Conditional Use permit as provided for in Section
62.820.
1) Structures accessory to open space or conditional uses, in
accordance with paragraph with paragraph 62.852.
2) Placement of fill in accordance with paragraph 62.853.
3) Extraction of sand, gravel, and other minerals.
4) Marinas, boat rentals, docks, and water control structures.
5) Railroads, streets, bridges, utility transmission lines and
pipelines.
6) Storage yards for equipment, machinery or materials, in accordance
with paragraph 62.854.
7) Other uses similar in nature to uses described in Paragraph 62.831
or this paragraph which are consistent with the provisions set out
in 62.802
62.834 Conditional Uses, Flood Prone Districts: In the Flood Prone Districts,
uses permitted in the underlying zoning district are allowed subject to
the issuance of a Type III Conditional Use Permit as provided for in
Section 62.820 and, in addition, are subject to the following
provisions:
1) All developments are subject to the applicable provisions of
Section 62.840, except those uses established subject to the
alternate construction standards of paragraph 62.844 and shall also
meet the further regulations of Section 62.860 before a permit may
be issued.
62.840 CONSTRUCTION STANDARDS, FLOOD FRINGE DISTRICT: Uses located in the
flood fringe district, to the extend that they are not prohibited by
any other portion of this ordinance, shall be constructed as regulated
by the following paragraphs and in such a manner so as to not adversely
affect the capacity of any public water or any other drainage facility
or system
62.841 Standard for Principal Buildings: The following standards shall apply
to the construction of principal buildings in the Flood Fringe
District:
1) Dwellings: New dwellings shall be constructed on fill so that the
lowest floor (including basement) is at or above the flood
protection elevation. The finished fill elevation shall be no
lower than one (1) foot below the flood protection elevation and
shall extend at such elevation at least fifteen (15) feet beyond
the . limits of any structure or building thereon. Residential
additions which constitute less than twenty-five (25) percent of
- 190 - November 27, 1991
the square footage of the first floor may construct the addition at
or above the regionail flood elevation. Residences that do not have
vehicular access at or above an elevation not more than two (2)
feet below the flood protection elevation shall not be permitted.
If a variance to the access requirement is granted, the Board of
Appeals must specify limitations on the period of use or occupancy
of the structure for times of flooding and only after determining
that adequate flood warning time and local flood emergency response
procedures exist.
2) Dwellings in the AO Zone: New dwellings shall be constructed on
fill so that the lowest floor (including basement) is elevated
above the highest adjacent grade at least as high as the depth
number specified in feet on the Rochester Flood Insurance Rate Map.
3) Non-Residential Uses: New structures shall be elevated so that
their first floor (including basement) is at or above the flood
protection elevation. The finished fill elevation shall be no
lower than one (1) foot below the flood protection elevation.
4) Non-Residential Uses in the AO Zone: New structures shall be
constructed on fill so that the lowest floor (including basement)
is elevated above the highest adjacent grade at least as high as
the depth number specified in feet on the Rochester Flood Insurance
Rate Maps, or together with attendant utility and sanitary
facilities be completely flood-proofed in accordance with the State
Building Code to the FP-1 or FP-2 classification without the
utilization of dikes, dams or levees.
62.842 Standards for Public Works: The following standards shall apply to the
construction of new public works in the Flood Fringe District:
1) Waste Treatment, Waste Disposal and Flood Control Structures: No
new construction, addition or modification to existing waste
treatment facilities shall be permitted within the flood fringe
unless emergency plans and procedures for action to be taken in the
event of flooding are prepared, filed with, and approved by the
Minnesota Pollution Control Agency. The emergency plans and
procedures must provide for measures to prevent introduction of any
pollutant or toxic material into the flood waters.
There shall be no disposal of garbage of solid waste materials
within flood fringe areas except upon issuance of a permit approved
by the Minnesota Pollution Control Agency and subject to the
construction standards of Paragraphs 62.851, 62.852, and 62.854.
2) Utilities, Railroad Tracks, Streets and Bridges: Public utility
facilities, roads, railroad tracks, and bridges within the flood
fringe district shall be designed to minimize increases in flood
elevations and shall be compatible with local comprehensive flood
plain development plans.
Protection to the flood protection elevation shall be provided
where failure or interruption of these public facilities would
result in danger to the public health or safety or where such
facilities are essential to the orderly functioning of the area.
Where failure or interruption of services would not endanger life
or health, a lesser degree of protection may be provided for minor
or auxiliary roads, railroads, or utilities.
62.843 Standards for Accessory Uses and Structures: The following standards
shall apply to the construction of accessory structures and the use of
land for accessory purposes:
1) Accessory Structures: Such structures shall be constructed on fill
so that the lowest floor is at or above the flood protection
191 - November 27, 1991
elevation or may be permitted below the flood protection elevation
provided that such structures are:
a) not designed for human habitation;
b) constructed and placed on the building site so as to offer the
minimum resistance to the flood or floodwaters; and
c) As an alternative to elevation on fill, accessory structures
that constitute a minimal investment and that do not exceed 500
square feet for the outside dimension at ground level may be
internally flood proofed to the FP-3 or FP-4 standards in
accordance with the State Building Code. To meet this
requirement, detached garages must be used solely for parking
of vehicles and limited storage. All flood proofed accessory
structures must meet the following additional standards as
appropriate:
1) The structure must be adequately anchored to prevent
flotation, collapse or lateral movement of the structure
and shall be designed to equalize hydrostatic flood forces
on exterior walls.
2) Any mechanical and utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection
Elevation or properly flood proofed.
2) Storage of Materials: The storage or processing of materials that
are, in time of flooding, flammable, explosive, or potentially
injurious to human, animal or plant life is prohibited. Storage of
other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and
in accordance with a plan approved by the zoning administrator.
3) Accessory Land Uses: Accessory land uses for non-residential uses,
such as storage yards and parking lots that are at elevations below
the flood protection elevation and are subject to flood velocities
greater than four (4) feat per second or would be inundated to a
depth greater than two (2) feet shall not be permitted without a
flood warning system that provides adequate time for evacuation of
the area.
62.844 Alternate Construction Standards: Alternate standards for the
construction of residential and non-residential uses is permitted as
follows:
1) Residential Uses: Where existing streets, utilities, or small lot
size preclude the use of fill, other methods of elevating the first
flood (including basement) above the flood protection elevation may
be authorized by the issuance of a Type III Conditional Use Permit
in accordance with Sections 61.140 and 62.820. These alternative
methods may include the use of stilts, pilings, parallel walls,
etc., or above-grade, enclosed areas such as crawl spaces or tuck-
under garages. The base or floor of an enclosed area shall be
considered above-grade and not a structure's basement or lowest
floor if: 1) the enclosed area is above-grade on at least one side
of the structure; 2) it is designed to internally flood and is
constructed with flood resistant materials; and 3) it is used
solely for parking of vehicles, building access or storage. The
above-noted alternative elevation methods are subject to the
following additional standards:
a) The structure's design and as-built condition must be certified
by a registered professional engineer or architect as being in
compliance with the general design standards of the State
Building Code and, specifically, that all electrical, heating,
192 - November 27, 1991
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the Regulatory Flood
Protection Elevation or be designed to prevent flood water from
entering or accumulating within these components during times
of flooding.
b) Above-grade, fully enclosed areas such as crawl spaces or tuck-
under garages must be designed to internally flood and the
design must stipulate:
1) the minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devises provided that they permit the
automatic entry and exit of flood waters.
2) That the enclosed area will be designed of flood resistant
materials in accordance with FP-3 or FP-4 classifications
in the State Building Code and shall be used solely for
building access, parking of vehicles or storage.
2) Non-Residential Uses: All areas of non-residential structures
including basements to be placed below the Regulatory Flood
Protection Elevation shall be flood proofed in accordance with the
structurally dry flood proofing classifications in the State
Building Code. Structurally dry flood proofing must meet the FP-
lor FP-2 flood proofing classification in the State Building Code,
without the use of dikes, dams or levees, and this shall require
making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic
loads and the effects of bouyancy. Structures flood proofed to the
FP-3 or FP-4 standards shall not be permitted. Whenever the zoning
administrator determines that a particular use may constitute an
unusual hazard in the flood fringe, he may require the issuance of
a Type III conditional use permit as provided in Section 62.820.
62.845 Basements: Basements, as defined by Section 60.200, shall be subject
to the following:
1) Residential basement construction shall not be allowed below the
Regulatory Flood Protection Elevation.
2) Non-residential basements may be allowed below the Regulatory Flood
Protection Elevation provided the basement is structurally dry
flood proofed in accordance with Section 62.844(2) .
62.846 Additional Development Standards: The standards in this subsection
shall apply to the uses indicated. These standards are imposed in
addition to any other applicable standards in Section 62.840.
1) Manufacturing and Industrial Uses: Manufacturing and industrial
buildings, structures and appurtenant works shall be protected to
the flood protection elevation. Measures shall be taken to
minimize interference with normal plant operations, especially for
streams having prolonged flood durations. In considering permit
applications, due consideration shall be given to needs of an
industry whose business requires that it be located in flood plain
areas.
2) Fill: Fill shall be properly compacted and the slopes shall be
properly protected by the use of riprap, vegetative cover or other
acceptable method. The Federal Emergency Management Agency (FEMA)
193 - November 27, 1991
has established criteria for removing the special flood hazard
designation for certain structures properly elevated on fill above
the 100 year flood elevation. FEMA's requirements incorporate
specific fill compaction and side slope protection standards for
multi-structure or multi-lot developments. These standards should
be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
The cumulative placement of fill where at any one time in excess of
one-thousand (1000) cubic yards of fill is located on the parcel
shall be allowable only as a conditional use, unless said fill is
specifically intended to elevate a structure in accordance with
Section 67.400 of the zoning code.
a) When at any time more than 1,000 cubic yards of fill or other
similar material is located on a parcel for such activities as
on-site storage, landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or construction of
flood control works, an erosion/sedimentation control plan must
be submitted unless the community is enforcing a state approved
shoreland management ordinance. In the absence of a state
approved shoreland management ordinance, the plan must clearly
specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the 100 year or regional flood
event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable
to the zoning administrator. The plan may incorporate
alternative procedures for removal of the material from the
flood plain if adequate flood warning time exists.
62.847 Adverse Affect on Unspecified Floodway: Flood plain development should
not adversely affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on
the Official Zoning Map.
62.850 CONSTRUCTION STANDARD IN THE FLOODWAY DISTRICT: No structures
(temporary or permanent); fill, including fill for roads and levees;
deposits, obstructions, storage of materials or equipment; or other
uses allowed as Type III Conditional Uses which, acting alone or in
combination with existing or future uses, unduly affect the capacity of
the floodway or unduly increases flood heights shall be permitted.
Consideration of the effects of a proposed use shall be based on a
reasonable assumption that there will be an equal degree of
encroachment extending for a significant reach on both sides of the
stream. In addition, all floodway conditional uses shall be subject to
the regulations in the following paragraphs.
62.851 Fill: Any fill deposited in the floodway shall be no more than the
minimum amount necessary to conduct a Type III Conditional Use listed
in paragraph 62.833. Generally, fill shall be limited to that needed
to grade or landscape for that use and shall not in any way obstruct
the flow of flood waters. Such fill or other material shall be
protected against erosion by rip-rap, vegetative cover or bulkheading.
Dredge spoil sites and sand and gravel operations shall not be allowed
in the floodway unless a long term site development plan is submitted
which includes an erosion/sedimentation prevention element to the plan.
62.852 Structures: Accessory structures (temporary or permanent) permitted as
conditional uses by paragraph 62.833 shall be subject to the following
standards:
1) Not designed for human habitation;
2) Designed to have low flood damage potential;
194 - November 27, 1991
3) Constructed and placed on the building site so as to offer the
minimum resistance to the flood or floodwaters;
a) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
b) So far as practicable, structures shall be. placed approximately
on the same flood flow lines as those of adjoining structures.
4) Accessory structures shall be elevated on fill or structurally dry
flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the State Building Code. As an alternative to
elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet for the outside
dimension at ground level may be internally flood proofed to the
FP-3 or FP-4 standards in accordance with the State Building Code.
To meet this requirement, detached garages must be used solely for
parking of vehicles and limited storage. All flood proofed
accessory structures must meet the following additional standards
as appropriate:
a) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior
walls.
b) Any mechanical and utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection Elevation
or properly flood proofed.
62.853 Utilities, Railroad Tracks, Streets and Bridges: Public utility
facilities, roads, railroad tracks, and bridges within the floodway
district shall be designed to minimize increases in flood elevations
and shall be compatible with local comprehensive flood plain
development plans. Protection to the flood protection elevation shall
be provided where failure or interruption of these public facilities
are essential to the orderly functioning of the area. Where failures
or interruption of service would not endanger life or health, a lesser
degree of protection may be provided for minor or auxiliary roads,
railroads or utilities.
62.854 Storage of Material and Equipment: The storage or processing of
materials that are in time of flooding buoyant, flammable, explosive or
which could be injurious to human, animal or plant life, or that are
likely to cause pollution of waters, as defined by Minnesota Statutes,
Section 115.01, if subject to floating, is prohibited.
Storage of other material or equipment may be allowed if not subject to
major damage by floods and firmly anchored to prevent flotation or
readily removable from the area within the time available after flood
warning.
62.856 Structural Works for Flood Control: Structural works for flood control
such as levees, dikes, floodwalls, and reservoirs shall be allowed only
upon issuance of a Type III Conditional Use Permit, and compliance with
the following:
1) Any proposed structural work in the beds of public waters as
defined in Minnesota Statutes, Chapter 105, which will change the
course, current, or cross-section of the waters shall be subject to
the provisions of Minnesota Statutes, Chapter 105, and other
applicable statutes.
195 - November 27, 1991
2) When necessary, a permit from the Army Corp of Engineers certifying
compliance with Section 404 of the Clean Waters Act shall be
obtained, along with any other necessary permits.
62.860 CONSTRUCTION STANDARDS IN THE FLOOD PRONE DISTRICT: The requirements
applicable in the Flood Fringe District, as defined in Section 62.850,
shall apply in the Flood Prone District and, in addition, the
deposition of any fill or spoil from dredging of sand and gravel
operations, the construction of any structure, or the grading or paving
of any areas shall require certification by a registered professional
engineer or hydrologist that the following conditions have been met:
1) Fill deposited in the flood prone area shall be no more than the
minimum amount necessary to conduct the use.
2) No net loss of capacity for surface storage of flood waters shall
result from the activity.
3) The effect of such activities in the flood prone area shall not
result in an increase in erosion potential on the site.
62.865 Garbage and Solid Waste Disposal: No Conditional Use Permits for
garbage and waste disposal sites shall be issued for floodway areas.
There shall be no further encroachment upon the floodway at existing
sites.
62.870 MANUFACTURED HOMES, TRAVEL TRAILERS, AND TRAVEL VEHICLES IN THE FLOOD
PLAIN: Manufactured homes and manufactured home parks and the
placement of travel trailers and travel vehicles in flood plain areas
must meet the following requirements:
62.871 Parks and Subdivisions: New manufactured home parks and expansions to
existing mobile manufactured home parks shall be subject to the
provisions placed on subdivisions by this ordinance.
62.872 Placement: The placement of new or replacement manufactured homes in
existing manufactured home parks or on individual lots of record that
are located in flood plain districts will be treated as a new structure
and may be placed only if in compliance with Section 62.800. If
vehicular road access for preexisting manufactured home parks is not
provided in accordance with Section 64.123, then replacement
manufactured homes will not be allowed until the property owners)
develops a flood warning emergency plan acceptable to the zoning
administrator.
1) All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and
lateral movement. Methods of anchoring may include, but are not to
be limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
62.873 Travel Trailers and Travel Vehicles: Travel trailers and travel
vehicles that do not meet the exemption criteria specified in Section
63.107(a) below shall be subject to the provisions of this code and as
specifically spelled out in Section 62.874.
1) Exemption: Travel trailers and travel vehicles are exempt from the
provisions of this code if they are placed in any of the areas
listed in Section 62.873(b) below and, further, they meet the
following criteria:
a) Have current licenses required for highway use.
b) Are highway ready meaning on wheels or the internal jacking
system are attached to the site only by quick disconnect type
- 196 - November 27, 1991
utilities commonly used in campgrounds and trailer parks, and
the travel trailer/travel vehicle has no permanent structural
type additions attached to it.
c) The travel trailer or travel vehicle and associated use must be
permissible in any preexisting, underlying zoning district.
2) Areas Exempted: Areas exempted for placement of
travel/recreational vehicles include:
a) Individual lots or parcels of record.
b) Existing commercial recreational vehicle parks or campgrounds.
c) Existing_condominium type associations.
62.874 Additional Development: Travel trailers and travel vehicles exempted
in Section 62.873 lose this exemption when development occurs on the
parcel exceeding exceeding $500 dollars for a structural addition to
the travel trailer/travel vehicle or an accessory structure such as a
garage or storage building. The travel trailer/travel vehicle and all
additions and accessory structures will then be treated as a new
structure and shall be subject to the elevation/flood proofing
requirements and the use of land restrictions specified in Section
62.800 of this ordinance.
62.875 New Travel Trailer Parks: New commercial travel trailer or travel
vehicle parks or campgrounds and new residential type subdivisions and
condominium associations and the expansion of any similar use exceeding
five (5) units or dwelling sites shall be subject to the following:
1) Any new or replacement travel trailer or travel vehicle will be
allowed in the Floodway or Flood Fringe districts provided said
trailer or vehicle and its contents are placed on fill above the
Regulatory Flood Protection Elevation and proper elevated road
access to the site exists in accordance with Section 62.841 of the
zoning code. Any fill placed in a floodway for the purpose of
elevating a travel trailer shall be subject to the requirements of
Section 62.851.
2) All new or replacement travel trailers or travel vehicles not
meeting the criteria of Section 62.875(a) above may, as an
alternative, be allowed as a conditional use if in accordance with
the following provisions and the provisions of Sections 61.140 and
62.800 of the zoning ordinance. The applicant must submit an
emergency plan for the safe evacuation of all vehicles and people
during the 100 year flood. Said plan shall be prepared by a
registered engineer or other qualified individual and shall
demonstrate that adequate time and personnel exist to carry out the
evacuation.
3) All attendant sewage and water facilities for new or replacement
travel trailers or other recreational vehicles must be protected or
constructed so as not to be impaired or contaminated during times
of flooding in accordance with the following:
a) On-site water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the system.
b) New or replacement on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood
waters and they shall not be subject to impairment or
contamination during times of flooding. Any sewage treatment
system designed in accordance with the, State's current
197 _ November 27, 1991
statewide standards for on-site sewage treatment systems shall
be determined to be in compliance with this Section.
62.880 VARIANCES TO THE FLOOD DISTRICT REGULATIONS: Variances shall be
processed according to the Type III review procedure, with the Phase
III hearing process utilized. The Board of Appeals shall substitute
for the Commission in the Phase III process.
62.881 Consideration: No variance under this article shall be authorized
unless all of the following facts and conditions are considered:
1) That there are no practical alternatives available without the
granting of a variance;
2) That the literal interpretation of the zoning code would result in
exceptional hardship to the applicant, not mere inconvenience;
3) That the granting of such variance will not increase flood heights,
create additional threats to public safety, necessitate
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws
or ordinance.
4) No variance shall have the effect of allowing in any district uses
prohibited in that district, permit a lower degree of flood
protection than the Regulatory Flood Protection Elevation for the
particular area, or permit standards lower than those required by
State law.
62.882 Upon Filing of an application for a variance to the provisions of this
Article, the zoning administrator shall notify the applicant in writing
of the following:
1) That the issuance of a variance to construct a structure below the
flood protection elevation will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of
insurance coverage; and
2) Such construction below the flood protection elevation increases
risks to life and property.
62.883 Following approval of a variance to the provisions of this Article, the
zoning administrator shall:
1) Maintain a record of the variance action, including the
justification for its issuance, and report such variances issued in
his annual report to the Federal Insurance Administration.
2) Submit a copy of the decision and its justification for issuance to
the Commission of Natural Resources within ten (10) days of such
action.
198 - November 27, 1991
62.900 SPECIAL DISTRICTS: In order to permit a more flexible means of new
land development and redevelopment the City of Rochester finds that
regulations are necessary to permit the creation of special districts.
Such regulations shall promote the public health, safety and general
welfare and shall be substantially in accord with and promote the
purposes and policies of the Comprehensive Plan.
62.901 Purposes: The further specific purposes and conditions supporting the
establishment of a special district are:
1) the existence of a special and substantial public interest in
protecting the existing or proposed character of an area or unique
geological, ecological archeological or social characteristics of
an area; or
2) the existence of a: special and substantial public interest in
protecting areas surrounding individual building, group of
buildings or man-made features and their environs; or
3) the need to establish modifications to or to supplement existing
zoning regulations to accomplish a special public purpose.
62.902 Effect: The effect of a special district designation shall be as an
overlay district. The regulations established in special district
legislation shall supersede the regulations of the underlying zoning
district. To the extend they are not inconsistent with the special
district regulations, the underlying zoning district requirements shall
remain in effect.
62.903 Submission Criteria: The petition for establishment of a Special
District shall be accompanied by two (2) copies of the proposed
ordinance language, a summary of the intent and effect of the proposed
modification, and a map indicating the boundary of the district and the
boundary of the underlying zoning districts. An application fee as
required in Paragraph 60.175 shall accompany the petition.
62.904 Procedure: An application for a Special District shall be processed
under the Type III Review Procedure, with a Phase II Hearing Process
utilized.
62.905 Notifications: Notifications for Comprehensive Special Districts shall
be sent to all owners within the area proposed for rezoning and all
owners owning land wholly or partially within 350 feet of the exterior
boundaries of the area proposed for rezoning. For Single Purpose
Special Districts, notifications shall be sent to all owners of land
within the defined area of the proposed Single Purpose Special
District.
62.906 The ordinance establishing a particular Special District shall contain
a statement of intent setting forth the nature of the special and
substantial public interest involved and the objectives to be promoted
by special regulations or procedures within the district.
62.910 Comprehensive Special District: A comprehensive Special District may
be initiated in the following manner:
1) One or more landowners may petition the Council to adopt Special
District Regulations when all lands are under the ownership of the
applicant(s);
2) One or more landowners shall request the Council or Commission to
initiate a Special District proposal where all properties within
the proposed zoning district are not under the sole ownership of
those requesting the initiating action.
199 - November 27, 1991
62.911 A Comprehensive Special District may include regulations modifying any
or all of the general zoning district, lot development, or site
development standards applicable in the underlying zoning district.
62.920 SINGLE PURPOSE SPECIAL DISTRICT: Owners of sixty percent (60%) or more
of the land within any defined area may petition the Council for
creation of a single purpose Special District.
62.921 The proposed Special District may be established for the purpose of
modifying any of the Lot Development Standards found in Chapter 63 of
the ordinance on an area-wide basis.
62.930 AREA ACCESSORY DEVELOPMENT: Public or cultural facilities developed to
meet the social or physical needs of a neighborhood of the City as a
whole are permitted according to the regulations contained in this
Section. Area accessory developments include:
1) The erection, construction, alteration or maintenance by a public
or private utility, or by a governmental agency, of an underground
or overhead gas, electrical, steam, water or communication
distribution system, or a waste or runoff disposal systems, or
public safety system, including poles, wire, mains, drains, sewers,
pipe, conduits, cables, fire alarm boxes, police call boxes,
traffic signals, hydrants, solid waste collection stations, and
other similar equipment and accessories in connection therewith,
necessary for the furnishing of adequate service by such public
utilities or governmental agencies or for the public health or
safety or general welfare.
2) Utility stations, such as static transformer stations, booster
stations, transmitters, water or sewage pump stations, storage
reservoirs, provided that there is no yard or garage for service or
storage.
3) Major water and sewer facilities, such as treatment plants.
4) Public emergency service facilities or other public service
facilities needing location in the area to permit effective service
within the area, such as branch post offices.
5) Public park or recreation areas, non-profit community centers, and
centers for neighborhood social services.
6) Nursery Elementary and secondary schools.
7) Churches, convents, monasteries.
8) Major governmental or non-profit organization office buildings.
9) Publicly owned cultural facilities, such as museums, libraries, art
galleries, auditoriums, civic centers, or advanced education
facilities.
10) Bus shelter, cab stands or bus stop.
11) Structures used for the collection of recyclable materials such as
paper, glass or aluminum. This does not include containers
utilized in the recycling of such materials.
12) Cemeteries, columbariams or mausoleums.
13) Social service center providing meals sleeping or other without
trained personnel on a volunteer basis.
200 - November 27, 1991
Certain other public uses, such as landfills, correctional facilities,
or hazardous waste facilities, are approved under the regulations of
section 62.700.
62.931 Zoning Certificate Required: No area accessory development shall be
established or constructed unless a zoning certificate evidencing
compliance with the provisions of this ordinance has been issued.
Facilities listed in paragraph 62.930 (1) do not require zoning
certificates if reviewed as part of a Land Subdivision, Site Planning
or Conditional Use Permit, or as part of a public improvement project
sponsored by a governmental agency.
62.932 Lot Size Requirements: All area accessory developments shall be
located on sites of sufficient size for the development intended so
that all requirements for bufferyards, setbacks, access, and other
criteria specified by this ordinance may be met.
62.933 Permitted Zoning Districts: Area accessory developments which may be
permitted in R-la, R-1, R-2, R-3, R-4 or the Developing District
Residentially Planned Areas and CDC-Residential Areas are limited to
items (1) (2) (4) (5) (6) (7) (10) (12) and (13) listed in Paragraph
62.930. All uses listed in Paragraph 62.930 may be permitted in any
nonresidential district. Applicable general zoning district and site
appearance standards are found in the appropriate zoning district
tables.
62.934 Miscellaneous Standards:
1) Public Bus Shelters: Public bus shelters used for the temporary
sheltering of passengers using public buses, may be exempted by the
city council from any or all of the requirements contained in this
ordinance provided, however, that no public bus shelter shall be
constructed without prior review and approval by the city council
of the design and location of such shelter. A variance shall not
be required for the granting of such exemption.
2) Recycling Drop Boxes: Such structures may be located anywhere on a
lot except in a required traffic visibility area or a required
bufferyard.
3) Storage reservoirs shall be setback from all property lines a
distance equal to the height of structure.
62.935 Off Street Parking Required: off-street parking spaces shall be
required for all area accessory uses according to the following
schedule. All parking areas shall conform to the design requirements
of Article 63.400.
USE PARKING SPACES REQUIRED
Churches, Auditoriums & 1 space per 4 seats
Other places of Assembly
Elementary & Nursery Schools 1 space per employee
Junior & Senior High Schools 1 space per every two employees plus
1 space for every ten students
or
1 space for every four seats in
the largest assembly hall
(whichever is greater)
Public Libraries, Art
Galleries, Museums, etc.
1 space per 500 square feet floor area
201 - November 27, 1991
Offices 1 space per 400 square feet floor area
other Uses 1 space per two employees on the
largest work shift
62.936 Accessory Site Location Standards: Site location standards shall be
met for all area accessory uses according to the following table.
62.936 AREA ACCESSORY DEVELOPMENTS
SITE LOCATION STANDARDS
The standards in this table identify the Site Location Requirements for
Area Accessory Developments in all Zoning Districts. The Site Location
Requirements are described in Section 63.250. The permitted uses
are described in Section 62.930(1)-(13).
LIST
OF
PERMITTED USES ZONING DISTRICTS
they
Residential All O
is
B
5
Dis
tricts c is
D I6tTt•c
Utilities(1)
lutility Stations (2)
Maior Water&Sewer Facilities(3) • J E
Public Emergency Facilities (4) J J J
Parks and Recreation Facilities (5)
Neighborhood E E E
Regional D D D
Schools(6) Nursery E E E
Elementary D D D
SecondaryJ J J
Churches (T) E E E
Government/Non-Profit Offices (8) " D
Cultural Facilities (9) ' D
Bus Shelters(10)
Recycling Containers (11) ' D.
Cemeteries (12) E E E
Social Service Centers (13) A
NOTES: "Residential" includes R-Sa, R-1, R-2, R-3, R-4, AG
Developing District Residential and CDC-Residential
• means that the use is not permitted in the district
A blank means that there is not a Site Location Requirement
- 202 - November 27, 1991
Section 4. Chapter 63 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 63
LOT DEVELOPMENT STANDARDS
63.100 YARDS, SETBACKS AND OPEN SPACE REQUIREMENTS: Yards and setbacks define
the minimum open space to be provided along the perimeter of a lot.
Yards are measured from the lot line; setbacks define the minimum
separation required between a lot line and the wall of a building. The
Zoning District Tables define the minimum yard or setback to be
maintained for each type of use. The yard depth for yards created
after the effective date of the ordinance shall equal or exceed the
minimum requirements established herein.
63.101 The principal building or principal use on a lot shall be located in
the buildable area of the lot.
63.102 Every part of a required yard or setback shall be open to the sky
except where:
1) Accessory buildings or structures are permitted to encroach;
2) Ordinary encroachments as regulated in Section 63.120 are
permitted;
3) Off-Street parking is permitted as regulated in Article 63.400;
4) Exterior storage, display or customer service is permitted
according to the regulations found in the Zoning District Tables
for the applicable zoning district.
63.103 Yards for lots where the existing right-of-way width of an adjacent
street is not consistent with the planned right-of-way width as shown
on an adopted Official Street Map or on the Currently Held Valid
Thoroughfare Plan shall be measured from the right-of-way line of such
street as designated on said thoroughfare plan or official map.
63.104 Yards for lots where all adjacent streets have not yet been platted but
are shown in an approved General Development Plan shall be measured
from the future right-of-way lines of lines shown in the General
Development Plan.
63.105 For earth sheltered and earth bermed buildings, yards shall be measured
from the exterior surface of the building regardless of whether it is
above or below grade.
63.110 APPLICATION OF YARD AND SETBACK REQUIREMENTS: Front, side and rear
yards or setbacks are provided on a lot or site according to the
following rules:
1) The minimum front yard or setback is provided on a lot or site
between the front lot line and a front yard line established at a
distance equal to the required front yard or setback. On a corner
lot, one frontage shall be designated as the front lot line and all
other frontages shall be designated as side street lot line. On a
flag lot or a lot with no frontage, the zoning administrator shall
designate a front lot line by reference to the following design
features:
a) The location of the structure's primary entrances.
b) The orientation of the primary windows required by the Building
Code for the structure.
c) The location of the longest side of the building.
203 - November 27, 1991
2) The minimum rear yard or setback is provided on a lot or site
between the rear lot line and a rear yard line established at a
distance equal to the required rear yard or setback. On a
triangular-shaped lot, the rear yard line is established by points
located on the intersecting lot lines (or which would intersect if
extended to form a true triangle) which are equidistant from the
apex (or imaginary apex if non-intersecting lot line were extended
to intersect) and which, when connected, create a line equal in
width to the minimum width at the building line.
3) The minimum side yard or setback is provided on a lot or site
between all side lot lines and a side yard line established at a
distance equal to the required side yard or setback, and extending
from the front yard line to the rear yard line.
4) On corner lots where potential front and side lot lines create a
continuous curve, a radial line intersecting the midpoint of the
curve shall be deemed the boundary between the yards.
5) Establishing the Front Lot Line on Private Roadways: Where a
development utilizes private roadways to provide access to
individual buildings within the development, the front lot line
shall be considered to be:
1) In the case of an access roadway, a line parallel to the edge
of the roadway at a distance from the roadway equal to one foot
for every five feet of roadway surface width;
2) In the case of a limited access roadway, a line established at
the edge of the roadway surface;
3) In the case of a common driveway, the lot line if one is
established or the centerline of the driveway.
In the case where a building is bounded on two or more sides by an
access roadway or limited access roadway, one side shall be considered
a front yard and the remaining side shall be considered a side street
yard.
63.112 Special Yard and Setback Requirements: The following special yard and
setback requirements are established by the ordinance:
1) Front Yards on Cul-de-Sacs: On lots fronting a cul-de-sac or
curvilinear street, the front yard setback may be established a) as
a straight line which at no point is closer to the front lot line
than a distance calculated as 80 percent of the required front
yard, or b) as a line which is parallel to the front lot line at
the required setback distance. In no instance shall a setback
greater than that established for the district be required.
2) Side Street Side Yard: The side street side yard shall have a
depth equal to the 1/2 of the required front yard in the applicable
zoning district. That portion of a side street side yard within 25
feet of a lot line separating the side street side yard from the
front yard on an adjacent lot shall have an increased depth defined
by a line where one endpoint is 25 feet from the common lot line
and located on the side street side yard line and where second
point is located 6 feet from the common lot line and 20 feet from
the side street side lot line.
3) Through Lots: On through lots the lot line across which access is
provided and towards which the primary windows and entrances are
oriented shall be considered the front lot line. The opposite
frontage shall be treated as a side street lot line.
204 - November 27, 1991
4) Existing Small Lots: On any residential lot of record in existence
on the effective date of this ordinance with a depth of less than
one hundred (100) feet, the depth of the minimum rear yard may be
reduced one percent (1%) for each one (1) foot such lot is leas
than one hundred (100) feet in depth, but the reduction shall not
exceed one-half (1/2) of the required minimum rear yard.
5) Alleys: When a side yard or rear yard on a lot abuts an alley,
one-half of the width of the alley may by counted towards meeting
the side or rear yard requirement, but in no case shall this result
in a building or structure being erected closer to the alley than
1/2 the distance of the minimum required yard or, in the case of a
rear yard, closer than five feet from the right-of-way line.
63.120 YARD USAGE REGULATIONS: The following paragraphs define the permitted
yard and setback encroachments allowed under the regulations of this
ordinance.
63.121 Off-street parking is permitted in the driveway of a one family
detached dwelling, one family attached dwelling, attached dwelling, or
duplex. Off-street parking for other dwellings shall be permitted as
regulated in Article 63.400.
63.122 Unless this ordinance provides otherwise, porches, balconies, canopies,
stairways, steps and necessary landings, carports and decks which are
open except for reasonable supports, covered patios, enclosed courts,
eaves, awnings, bay windows, fire escapes, chimneys, and steps may
extend into or over no more than thirty-three (33%) percent of the
depth of a minimum yard or setback which is required along a front or
side lot line, and in no case closer than four (4) feet to a side lot
line.
63.123 Customary yard accessories, ornaments and furniture, such as
freestanding flag poles, statues, fountains, swings, picnic benches,
lawn tables, chairs and seats, are allowed in any yard or setback area.
Where permitted under the applicable zoning district, signs and
gasoline pump islands are allowed in the minimum front and side street
side yards.
63.124 Appurtenant structures that do no generate noise, such as submerged
pumps, television and radio antennas, satellite dishes, underground
fallout and blast shelters, or clothes lines may be located in any
required yard or setback along a side or rear lot line, provided they
are not located closer than three (3) feet to any side lot line.
63.125 Open terraces or patios, uncovered porches, and other uncovered paved
areas such as stoops may extend into any minimum yard or setback but
not closer than 10 feet to any front lot line, and if they are three
and one-half (3 1/2) feet or more above the surrounding grade level,
they shall not extend into more than twenty percent (20%) of the depth
or width of any minimum yard or setback.
63.126 Fences, Walls, and Hedges: A fence, wall, column, pier, post or any
similar type structure, or any combination of such structures, may be
permitted in any required yard or setback, subject to the following
requirement:
1) It shall be the responsibility of the property owner to locate all
property lines.
2) No fence, wall, or hedge may extend beyond or across a property
line unless in joint agreement with the abutting property owner.
3) No fence, hedge or wall shall be placed closer than 18 inches to
any public sidewalk or within 5 feet of any alley right of way.
205 - November 27, 1991
4) Fences and walls shall not exceed six (6) feet in height above the
elevation of the surface of the ground at any point, except 1) that
in instances where public safety or security necessitate, the
zoning administrator may authorize fences and walls to have a
maximum height not to exceed 10 feet above the elevation of the
surface of the ground at any point, or 2) where the grade of
buildings on adjacent lots is greater than that of buildings on the
applicant's lot, the fence may exceed the height limitations, but
in no case shall exceed the grade of the adjacent building by more
than five (5) feet.
5) No fence, wall or hedge shall be placed closer than ten (10) feet
to the intersection of a driveway with any right of way used for
vehicular traffic, including alleys.
6) Fences, walls and hedges located within the traffic visibility zone
are subject to the provisions of Section 63.500.
7) Previous references to walls shall apply to freestanding walls
only. Walls erected for the purpose of landscaping or protecting
slopes shall be permitted as regulated within the Building Code.
63.127 Appurtenant structures that may generate noise, such as air
conditioning units, air exchangers or heating units may be located at
grade in a yard or setback required along a front or real lot line.
Where located in a yard or setback required along a front lot line,
they shall be screened from the view of adjacent properties and public
rights-of-way by a fence of solid appearance or evergreen shrubs that
at maturity will provide total screening. In no instance shall these
structures extend into a required side or front yard to a point closer
than four (4) feet from any property line.
63.128 Private easement areas providing access for lots with no frontage or
where multiple buildings are located on one lot, shall not be located
in a required yard or setback abutting a residential side lot line
except by agreement with the adjacent property owner, and shall cross
required front yards at right angles to the longest dimension of the
required yard unless part of an approved off-street parking area.
63.130 LANDSCAPE AREA: The landscape area ratio identified in the Zoning
District Tables shall be applied to the site area or lot area to
determine the total amount of landscape area to be provided. All area
on a lot or site intended to contribute to the landscape area
requirement must meet the further regulations of this section.
63.131 Ownership of Landscape Area: Landscape area ownership, for the
purposes of this ordinance, may take one of three forms: private,
common, or public:
1) Private Ownership of Landscape Area: Private landscape area is
land located on the same zoning lot as the principal use under the
control of the owners of the principal structure or use on the lot.
2) Common Landscape Area: Common landscape area is land within a
development not individually owned or dedicated for public use,
which is designed and intended for the common use or enjoyment of
the occupants of the development.
3) Public Landscape Area: Public landscaped area is a form of common
landscaped area which has been dedicated in fee to the local
governing body or one of its agencies. While maintained for the
use and enjoyment of the general public, such area is designed
primarily for the residents of the particular development in which
it has been utilized to meet the landscape area requirement.
206 - November 27, 1991
63.132 Preservation of Common and Public Landscape Area: Landscape area shall
be maintained so that use and enjoyment as open space is not diminished
or destroyed. Common or public landscape area may be owned, preserved
and maintained by any of the following mechanisms:
1) Condominium: The landscaped area may be controlled through the use
of condominium agreements. All landscaped area shall be held as a
"common element".
2) Dedication of open space to the City of Rochester or an appropriate
public agency, if either is willing to accept the dedication.
3) common ownership of the open space by a homeowner's association
which assumes full responsibility for its maintenance.
4) Dedication of development rights of open space may be made to an
appropriate public agency with ownership and maintenance
responsibility remaining with the developer or homeowner's
association.
5) Deed-restricted private ownership which shall prevent development
and/or subsequent subdivision of the open-space land and provide
for maintenance responsibility.
63.133 Land designated as the required landscape area for a development shall
not be sold, subdivided or developed unless adequate landscape area
remains for the original development to meet ordinance requirements.
Landscape area for one development may not be used to meet the
requirements for another development.
63.134 An application for a development permit shall indicate the boundaries
of the area utilized to meet landscape area requirements and, in the
case of common or proposed public landscape area, the application shall
be accompanied by proposed documents specifying ownership and
maintenance responsibilities.
63.135 Private or common landscape areas shall be developed in a manner which
serves one or more of the following purposes:
1) to separate use areas on the development, such as circulation from
recreation
2) to provide aesthetic benefits by providing a feeling of openess to
the development when viewed from the adjacent right-of-way or
adjacent residential properties
3) for passive or active recreational purposes
4) to enhance the livability of interior building areas by providing
open space adjacent to windows
63.136 When landscaped area is provided through either common or public means,
assurances shall be provided that the area will be accessible to all
residents of the development. Such access may be provided either
through adjacency of the private lots or buildings to the common space,
the use of walkways or accessways leading to the common or public
areas, or public rights-of-way which have frontage on the common or
public open space for a distance of at least 40 feet.
63.137 Permissible Types of Landscaped Areas: Landscaped areas include
required yards, courts and bufferyards which are free of buildings,
structures and other substantial improvements (except structures or
improvements qualifying as usable recreational area) , driveways which
serve parking areas providing off street parking for residential
buildings with four or less units; ground surface areas located above
207 _ November 27, 1991
underground facilities which meet the other requirements of this
section; pedestrian and bicycle paths, plazas within a building which
are directly oriented to the major pedestrian entrance of the building
and are open to view and use by the .public, areas developed for either
passive of active recreation at ground level and natural areas such as
lakes, ponds, wetlands or grassed waterways.
In the CDC District, open space areas such as plazas, interior atriums
visually open to surrounding properties, exterior sitting areas at or
within two stores of street grade, or similar improvements, may be
considered as landscape area.
63.138 The following examples are listed by way of illustration to indicate
what may not be counted as landscaped area within the meaning of this
section:
1) Public or private right-of-way for streets;
2) Roofs;
3) Open parking areas or parking garages;
4) Driveways which serve four (4) or more parking spaces; except as
provided for in 63.137;
5) Non-recreational buildings, including storage sheds and carports.
6) Balconies, screened porches, terraces or similar passive recreation
areas that are an integral part of the building.
63.139 Permitted Obstructions over Landscaped Areas: The following shall not
be considered obstructions when located over any landscaped area:
1) Unenclosed terraces, fire escapes, planting boxes or air
conditioning units, provided no such items projects more than six
(6) feet into or over the landscaped area.
2) Unenclosed balconies.
3) Eaves, gutters or downspouts.
63.140 USABLE RECREATION AREA: The usable recreation area provided for any
multi-family residential use or performance residential development
utilizing common or public landscaped areas shall be considered an
accessory use to the development and shall be designed primarily for
the use of the residents of that development. Usable recreation area
may be developed for either active or passive recreation purposes,
subject to the further regulations of this article.
63.141 Any development application involving a use requiring usable recreation
area shall identify the boundaries of the areas and the types of
improvements to be provided in the recreation areas.
63.142 Land designated as the required usable recreation area for a
development shall not be sold, subdivided or otherwise developed unless
adequate recreation area remains to meet ordinance requirements.
Usable recreation area required to meet ordinance requirements for one
development may not be used to meet the requirements for another
development.
63.143 For the purpose of determining the actual amount of usable recreation
space to be provided, the percentage specified in the Zoning District
Tables shall be multiplied by the actual floor area of the residential
use, resulting in the square footage of space to be provided.
- 208 - November 27, 1991
63.144 The ownership and maintenance of useable recreation area shall meet the
requirements for Landscape Area in Section 63.120.
63.145 Permissible Improvements to Usable Recreation Areas: Usable recreation
areas shall be improved so that they may be utilized for either passive
or active recreation. Outside, ground level recreation areas shall, at
a minimum, be improved with grass, either through seeding or sodding,
or it may be left in its natural state if pathways and/or sitting and
observation areas are developed to provide access to the natural area.
Ground level, outdoor recreation areas may also be improved for use as
active recreation areas through the installation of play apparatus such
as swings, slides or sandboxes, basketball hoops, tennis courts,
ballfields, swimming pools and similar uses. Paved or grassed areas
used for picnic tables, lawn furniture or barbeque stands and the like
are suitable uses for passive recreation areas. In addition, the
following types of spaces which are integrally designed as part of the
principal building may be counted towards the usable recreation space
requirement:
1) Exterior balconies at least 70 square feet in size that are
provided for individual dwelling units.
2) The following areas if they are accessible to all residents in a
development:
a) Terrace areas that are open to the sky.
b) Roof areas that have been improved for either passive or active
recreational use. At least a portion of the roof area should
be designed for all weather use through enclosure.
c) Indoor spaces devoted to active recreational use, such as
swimming pools, racquetball courts, jogging tracks, or similar
uses.
63.146 Useable Recreation Area Design: Areas designated for use as usable
recreation area shall meet the following requirements:
1) Surface Characteristics: Up to one-half (1/2) of the required
recreation area provided at ground level or in an adjacent public
space may consist of water surfaces such as ponds, lakes or stream.
Separate, accessory recreational buildings at ground level may be
counted as usable recreation space to the extent that the total
impervious surfaces of such structure does not exceed ten (10%)
percent of the total required landscape area for the development.
2) Dimensions: Ground level landscaped areas and adjacent public open
space areas intended to meet the usable recreation area requirement
shall meet the following dimensional requirement.
a) If the required recreation area is less than 10,000 square
feet, all of it shall be located in a contiguous portion of the
site or lot and no dimension shall be less than thirty (30)
feet, except that inner block play areas for small children
(improved with suitable apparatus) shall have a minimum
dimension of twenty (20) feet and a minimum size of 1,000
square feet. If the required area is less than 900 square
feet, the minimum dimension may be reduced to fifteen (15)
feet, and in no case shall the area be less than 240 square
feet in size.
b) For every 20,000 square feet of required usable recreation
space, at least one area of not less than 10,000 square feet
with a minimum dimension of fifty (50) feet shall be provided.
209 - November 27, 1991
c) Pedestrian or bicycle paths located in the interior of a block,
paved or otherwise surfaced in a dust-free manner, may be
counted towards the usable recreation requirement if the way is
at least ten (10) feet in width and is part of an integrated
system leading to principal destinations such as a park,
school, or major recreation area over 10,000 square feet in
size.
3) Slope: Ground level landscaped areas and adjacent public spaces
intended to meet the usable recreation requirement shall meet the
following requirement:
a) Up to one-half (1/2) of the required recreation area shall have
a finished slope of less than ten (10%) percent.
b) The remainder of the area may have a slope of up to twenty-five
(25%) percent if devoted and improved for passive recreational
use.
63.147 Location and Access: Usable recreation areas should be centrally
located in large developments (sites of over 5 acres) or distributed
throughout the development so as to be readily accessible to the
largest number of residents. Access should be available to usable
recreation areas utilizing common landscaped area or adjacent public
space either through the sharing of common lot lines, linkage by way of
walkways or bicycle paths, or access by means of a public or private
street right-of-way with a frontage of at least twenty (20) feet on the
usable recreation area.
63.150 REQUIRED PLANTINGS: The requirements of this Section specify the
standards for plant materials which must be met in order to satisfy the
provisions set forth for bufferyards and landscaping in this ordinance.
63.151 Landscape Plan Required: Any application for a zoning certificate or
Conditional Use Permit involving the installation of required plantings
shall be accompanied by a landscape plan containing the following
information:
1) The location of all driveways, parking areas, islands, sidewalks,
structures, utilities, and other features, existing or proposed,
affecting the landscaping and screening of the site.
2) Location and identification of all existing trees, shrubbery and
other vegetation intended for use in meeting the plantings
requirement of this ordinance.
3) A planting schedule consisting of a key, common name, quantity,
size, and planting instructions.
4) Proposed plantings shall be shown on the plan at the normal mature
spread for this hardiness zone. Typical sections of planting beds
and landscaped islands with identification of materials shall be
provided.
5) Proposed seeding or sodding plans for all disturbed areas shall be
provided, indicating the type of ground cover to be used, and the
method of application.
63.152 All plant materials must meet specifications of the American
Association of Nurseryman (AAN) for the number and grade.
63.153 Plant materials that may be utilized to meet the requirement of this
article are contained in Appendix C. The zoning administrator may
permit other types of plant materials if they are hardy to the area,
are not subject to blight or disease, and are of the same general
character and growth habit as those listed in Appendix C.
- 210 - November 27, 1991
63.154 Minimum Plant Size: Unless otherwise specifically indicated elsewhere
in this ordinance, all plant materials shall meet the following minimum
size standards:
Plant Material Tvve Minimum Size of Plantings
Canopy Tree
Single Stem 1 1/2" caliper
Multi-Stem Clump 6' (height)
Understory Tree ' 4'
Evergreen Tree 3'
Shrub
Deciduous 15"
Evergreen 12"
63.155 Existing Plant Material: Existing, healthy plant material may be
utilized to meet landscaping or bufferyard requirements provided they
meet the minimum plant size specified in paragraph 63.154.
63.156 Installation of Plantings: All plantings required by this ordinance
shall be installed prior to final building inspection unless the zoning
administrator waives such requirement in lieu of planting at such time
of the year, such as in the spring or early fall, which will optimize
the chances of success for growth of the plant materials. When the
zoning administrator extends the time within which required plantings
can be installed, the applicant shall provide a letter of credit, a
paid in full receipt of reputable landscape firm, a performance bond or
an escrow deposit to insure that all plantings are installed. All
financial guarantees shall be equal to the sum of one hundred (100%)
percent of the total cost, including materials and labor, of
installation of the required plantings. The city shall be entitled to
reimburse itself out of said funds for any cost and expense incurred by
the city for completion of the work in case of default. Where
financial guarantees are required for such improvements under other
governmental authority, such as FHA Approval Requirements, and these
conditions of approval meet or exceed the ordinance requirements, no
additional guarantee is required.
- 211 - November 27, 1991
63.200 APPEARANC! CONTROLS: This Article describes the appearance control
standards found in the Zoning District Tables for each of the various
uses listed therein.
63.210 EXTERIOR LIGHTING STANDARDS: This section describes the exterior
lighting standards (R,A,B,C,D,E) identified in the Zoning District
Tables of Chapter 62 for each type of permitted or conditional use.
63.211 Purposes: The purpose of these regulations is to regulate the
spillover of light and glare from private developments onto the
operators of motor vehicles in the public and private roadways, and on
land uses in the vicinity of the light source. with respect to motor
vehicles in particular, safety is the prime consideration for the
regulations contained herein.
63.212 Definitions: For the purpose of applying the regulations of this
section, the following definitions shall apply:
1) Cutoff: The point at which all light rays emitted by a lamp, light
source or luminaire are completely eliminated (cutoff) at a
specific angle above the ground.
2) Cutoff Angle: The maximum angle formed by a line drawn in the
direction of emitted light rays at the light source and a line
perpendicular to the ground from the light source.
3) Cutoff-Type Luminairs: A luminaire with elements such as shields,
reflector, or refractor panels which direct and cut off the light
at a cutoff angle that is less than 90 degrees.
4) Footcandle: A unit of illumination produced on a surface, all
points of which are one foot from a uniform point source of one
candle.
5) Glare: The brightness of light source which causes eye discomfort.
6) Luminairs: A complete lighting unit consisting of a light source
and all necessary mechanical, electrical and decorative parts.
63.213 Standards: The following paragraphs describe the criteria for maximum
permitted illumination (in footcandles) and for maximum permitted
height of luminaire for each standard (R,A,B,C,D, or E) for luminaires
with different cutoff angles.
1) The standards for a light source or luminaire with no cutoff are:
Maximum
Maximum Permitted '
Permitted Height of
Standard Illumination Luminaire
R 0.20 10,
A 0.20 15'
B,C,D,E 0.30 20'
2) The standards for a luminaire which has a total cutoff angle
greater than 90 degrees area:
- 212 - November 27, 1991
luminaire
total cutoff
Maximum
Maximum Permitted r
Permitted Height ofStandard IlluminatiM Luminaire 10oR 0.3 15'
A 0.5 20'B 0.75 25'C 1.0 30, --
D 1.5 35
E 2.0 40,
3) Luminaire's with a total cutoff of light of less than 90 degree
shall be designed so that the bare light bulb, lamp or source is
completely shielded from the direct view of an observer standing at
the property line at a point five feet above grade. The maximum
permitted design requirements for cutoff luminaires are:
Maximum god co"
Maximum Permitted
Permitted Height of a�
Standard Illumination Luminaire
R 0.5 20'
A 1.0 251 `
B 2.0. 30'
C 3.0 40'
D4.0 50 ---------------------
B 5.0 60'
63.214 Exception for Outdoor Recreation Uses: Because of their unique
requirement for nighttime visibility and their limited hours of
operation, ball diamonds, playing fields and tennis courts are exempted
from the general standards of this section. Lighting for these outdoor
recreational uses shall be shielded to prevent light and glare from
spilling over onto adjacent residential properties. The maximum
permitted illumination at the property line shall not exceed two
footcandles.
63.215 Additional Regulations: In addition to the above regulations, the
following provisions shall apply:
1) No flickering or flashing light shall be permitted.
2) Light sources or luminaires shall not be located within bufferyards
except along pedestrian walkways.
3) The use of exterior lighting for nonresidential uses shall observe
the same hours of operation as the use itself, except that a
minimum level of lighting for security purposes may be left on
beyond the normal hours of operation.
63.216 Method of Measurement: Lighting levels shall be measured in foot
candles with a meter sensor mounted not more than six inches above
ground level in a horizontal position a the property line. Readings
shall be taken only after the cell as been exposed long enough to
provide a constant reading. Measurements shall be made after dark with
the light sources in question on, then with the same sources off. The
difference between the two readings shall be compared to the maximum
permitted illumination specified in this section for the type of
luminaire used.
63.220 SIGN REGULATIONS: This section describes the signage standards
(R,A,B,C, or D) identified in the Zoning District Tables of Chapter 62
for each type of permitted or conditional use. Specific additional
213 - November 27, 1991
regulations are established for signs which are unique in purpose and
not easily addressed by regulations of a general nature.
63.221 Purpose: The display of a reasonable amount of signage associated with
a specific use is necessary as a public service and to the conduct of
competitive commerce and industry. Unlimited signage, however, may be
detrimental to the public safety and to the value and economic
stability of adjacent properties. Therefore, the regulations of this
section attempt to balance the need for signage with the impact of such
signage by establishing minimum standards related to the use, location
and intensity of particular land uses.
63.222 Types of Signs: Signs are classified as one of the following types for
the purpose of regulation. Where a sign contains information that is
both advertising and business related in nature, the zoning
administrator shall make a determination on the area of sign devoted to
each purpose, and shall apply the regulations of this section as if the
entire sign was of the same nature as the majority of the sign.
1) Primary Sign Types:
a) Freestanding signs: A self supporting sign resting on or
supported by means of poles, standards of any other type of
base anchored to the ground.
b) Graphics: A sign which is an integral part of the building
facade. The sign is painted directly on, carved in or
otherwise permanently imbedded in the facade. Signs in shop
windows are included unless they qualify as auxiliary signs.
c) Projecting signs: A sign, other than a wall sign, which
attaches to and projects from a structure or building facade.
d) Roof sign: A sign mounted on the roof of a building or which
depends upon a parapet wall for support.
e) Wall sign: A sign mounted parallel to a building facade or
other vertical building surface. These signs shall not be
mounted more than 18 inches from the wall surface they are
attached to.
2) Detailed Sign Types: In addition to the primary sign types there
are an additional class of signs whose purpose and application is
more narrow and limited in nature. Signs in this class include:
a) Auxiliary Sign: A sign providing information of a special or
general nature which does not include information on names,
brands or product lines, such as hours of operation, length of
special sales, security warnings, directions for parking or
entry or general pricing information (such as gas prices at
service stations) .
b) Church Sign: A free standing or wall sign that is not over 24
square feet in area and located on the same lot as the church
it identifies.
c) Development Signs: A sign which by symbol or name identifies a
completed development consisting of multiple individual uses,
such as an industrial park, shopping center or subdivision, or
which provides an index or directory of tenants in the
development is a DEVELOPMENT IDENTIFICATION SIGN, while a sign
intended to inform the public of a development under
construction or lots for sale in a development is a
CONSTRUCTION SIGN.
214 - November 27, 1991
d) Marquee: A structure attached to and projecting from a wall of
a building, located above an entrance, which is designed to
identify a business or use located on the premises or to
advertise present or scheduled events on the premises.
e) Portable Sign: Any sign not permanently attached to the ground
or other permanent structure, or a sign designed to be
transported, including but not limited to: signs designed to
be transported by means of wheels; signs converted to A- or T-
frames; menu and sandwich board signs; balloons used as signs;
umbrellas used for advertising, except that advertising
umbrellas may be used in conjunction with the operation of a
restaurant; and signs attached to or painted on vehicles parked
and visible from the public right-of-way, unless said vehicle
is used for normal day-to-day operations of a business. A
portable sign cannot be made permanent.
f) Changeable Message Sign: A sign or portion thereof with
characters, letters, or illustrations that can be changed or
rearranged without altering the face or surface of the sign. A
sign on which the message changes more than eight (8) times per
day or on which the only copy that changes is an electronic
indication indication of time or temperature shall not be a
changeable message sign under this ordinance.
g) Service Canopy: A roof like structure attached to or detached
from the principal building which provides only overhead
protection to outside customer service areas.
h) Sun Canopy: An awning made of cloth or permanent construction,
attached to the wall of a building, for the purpose of
shielding windows or doorways from the elements.
63.223 Rules for Applying Sign Standards: The following rules shall be used
in applying the sign standards to a specific use:
1) Measuring the Area of a Sign: The area of a sign shall be
determined as follows:
a) In the case of free standing, projecting, roof and marquee
signs, the area is the entire surface area on which copy could
be placed. Support structures or bracing are not counted as
part of the sign area unless an integral part of the sign's
message. Where a sign has two display faces back to back, the
area of only one face shall be considered the sign area. Where
a sign has more than one display face, all areas which could be
viewed simultaneously shall be considered the sign area.
b) In the case of a sign whose message is fabricated together with
the background which borders or frames that message, the sign
area shall be the total area of the entire background.
c) In the case of a sign whose message is applied to a background
which provides no border or frame, the sign area shall be the
area of the smallest rectangle which can encompass all words,
letters, figures, emblems and other elements of the sign
message.
2) Measuring the Height of a Sign: The height of a sign shall be
measured as follows:
a) The height of a free standing sign shall be measured from the
grade at the base of the sign to the top of the sign face.
- 215 - November 27, 1991
b) The height of a projecting sign shall be measured from the
grade below the sign to the top of the sign face. The base of
any projecting sign must be at least eight (8) feet above the
grade.
c) The height of a wall sign shall be measured from the grade
adjacent to the building to the top of the sign face. The sign
height shall not exceed the permitted maximum height allowed in
the underlying district, and in no case shall extend more than
four feet above the top of the wall it is attached to.
d) The height of a graphic sign shall be measured from the grade
adjacent to the wall to the top of the sign area.
e) The height of roof signs shall be measured from the top of the
outside building wall to the top of the sign area.
3) Lighting of Signs: Methods of illuminating signs may be divided
into several types:
a) General: The sign itself is neither lighted internally nor has
a specific source of light directed at it. The sign depends on
the general illumination of the area for its lighting.
b) Internal: The sign is illuminated by a light source located
inside of the sign structure. This category includes neon
lighting.
c) Back Light: The sign message is raised off of the sign's
background and illuminated by a light source located behind the
message which illuminates the background.
d) Spot Light: The sign is illuminated by spotlights directed
specifically at the sign area.
e) Message Board: The sign face consists of individual miniature
light sources which may be programmed to recreate images of
letters or shapes which form words or images creating the
sign's message. Such lighting patterns may change to modify
the sign's message on a regular basis.
63.224 General Regulations: The following provisions apply to all signs
regulated by this ordinance:
1) Permitted Number of Signs: The number of signs permitted on a site
is as follows:
a) In residential districts, any permitted nonresidential use
shall be permitted one free standing sign and one other primary
sign. If the use has frontage on more than one street, an
additional primary sign may be permitted. Each sign may have
an area equal to the maximum sign area permitted in the
district.
b) In nonresidential districts each use shall be permitted one
free standing sign. In addition, one other primary sign is
permitted for each 20 feet of frontage, subject to the
regulation that the total area for all signs of a given sign
type shall not exceed the maximum area for that sign type
listed in the table in paragraph 63.225.
c) Lots with no frontage or flag lots are subject to the same
general regulations listed above, with the modification that
the width of the lot at the building line shall be used
instead of the frontage for determining the number of signs
- 216 - November 27, 1991
permitted. Signs for such lots may be placed on adjacent lots
having frontage along a street.
d) Advertising signs shall not count against the number of
permitted signs, except if classified as a roof sign.
2) Construction Criteria for Signs:
a) All permanent signs shall be constructed to meet Building Code
standards for wind resistance and wind loads. Signs shall be
rigidly suspended by means of fastening or support so as not to
be free swinging nor a menace to persons or property.
b) No sign shall be placed so as to obstruct or interfere with a
window, doorway or fire escape, or with the traffic visibility
zone requirements of this ordinance.
c) No signs shall be erected that closely resemble or approximate
the size, shape, form and color of official traffic regulation
signs and markers that are erected by proper government
authority.
d) Signs illuminated by electricity or equipped in any way with
electrical devices shall conform to the provisions of the
electrical code.
e) Adequate provisions shall be made for grounding metallic parts
of roof signs exposed to lightening.
f) The owner, lessee, or manager of the property on which a sign
is located is responsible for the appearance of the sign,
including a reasonable area around the base of the sign. The
repainting, changing of parts and maintenance of signs shall
not be deemed as alterations requiring a sign permit.
g) The source of light for any sign shall be shielded so that the
source of light is not visible in any residential district or
to any oncoming vehicular traffic, and the light shall not be
directed into such area.
h) The exposed uprights, superstructure and/or backside of all
signs shall be painted a neutral color such as light blue,
grey, or white unless it can be demonstrated that such part of
the sign designed or painted in another manner is integral to
the overall design of the sign.
i) No signs shall be painted on, attached to, or affixed to any
trees, rocks, or similar organic or inorganic natural matter,
or on any power line or telephone pole.
j) Signs that advertise uses that are no longer in operation shall
be removed by the sign owner within 60 days from the date the
use ceased operation.
k) No advertising sign shall be erected closer than 300 feet to
any other advertising sign on the same side of the street
facing traffic proceeding in the same direction. All outdoor
advertising sings shall also be subject to the provisions of
Minnesota Statutes Chapter 173 pertaining to the control and
regulation of outdoor advertising signs along state and federal
highways.
1) No signs except those of a duly constituted governing body
shall be erected or allowed to extend over a public right-of-
217 - November 27, 1991
way, except in the Central Development Core District, where a
revocable permit must be secured prior to issuance of a sign
permit for signs extending over the public right-of-way. All
other signs shall be setback from lot lines so that no portion
of the sign is closer than two feet from any lot line or the
vertical extension thereof.
m) Flashing, moving or intermittently lighted signs are not
permitted 1) in the Medical Area of the Central Development
Core or 2) in any residential district, or 3) on any
nonresidential lot abutting directly or across any street a
residential district.
3) Permitted Increase in Sign Area: In the B-1 District, the maximum
area for free standing and wall signs under Standard B may be
increased for sites with large frontages according to the following
rules:
a) Along a freeway or expressway, 0.33 square feet for every one
foot of frontage beyond the first 80 feet.
b) Along an arterial, 0.25 square feet for every one foot of
frontage beyond the first 80 feet.
c) Along a collector, 0.15 square feet for every one foot of
frontage beyond the first 80 feet.
218 - November 27, 1991
63.225 TABLE OF SIGN STANDARD —PRIMARY SIGN TYPES
ABBREVIATiONS/�YMBOLS.` .. << ', ;
.2?3 A for m ara of a sit)
MAXIMUM AREA.(Scipa gzsP�:,...63. (.) gnido datermmm8
MAXIMUM HEIGHT:(Soo P+traBmph 63.223(B)for pidsace on determining helght of a sign)
PERMIITED LIGHTING(Sea Paragraph 63.22 c)far a d6=43 =of each type of lightfag)
S spot Ligk
I-Iaternai,.> ...M Message Boaad
B-,Bachiight
PURPOSE(See Awagraph 60.200 far daflnst3oas of each type)
BS-Bualoaa Slga `
SIGN TYPE R A B C D
FREE STANDING SIGN
Maximium Area 12
SQ.FT—SQ.FT. 350 SQ.FT. 600 SQ.FT.
Maximum Hd 6' 10, 25' 40' NONE
Permitted Light4 G a's S.I.B S,I.B,M S,I.B.M
BS BS BS BS BS
PROJECTING SIGN
Maximium Area NOT 12 SQ.FT. 32 SQ.FT. 32 SQ.FT. 40 SQ.FT.
Maximum Hd PERMITTED 12' 14' 16' is,
Permitted 0.1 G,I G.I.B G,I.B
PurposeBS BS BS BS
WALL SIGN
Maaimium Area 12 SQ.FT-
Maximum
SQ.FT. 50 SQ.FT. 350 SQ.FT. 600 SQ.FT.
Maximum H • S. 12' lNg
.223(B,3)
Permitted G G,B ,B,M S.I.B,M
BS BSS BSGRAPHICS SIGN
Maximium Arc& 6 SQ.FT. 10%OF OF 0% OWALLALLgNAA NAlvtaximum Height G.SPermitted Lighting G G .SPuBS BSBS BS
ROOF SIGNS
Mnximium Area NOT NOT NOT 150 SQ.FT. 250 SQ.FT.
PERMITTED PERMITTEi PERMI TED 15' �'
Maximum Hd S11 S.I
Permitmd Lighting_ BS BS
Pu rpoeo _ .. _..
AUXILIARY SIGNS (See Paragraph 63.222(2)(2)for Definition of Auxiliary Signs)
Maximum Area SOS
75 SQ.FT.
Fne Standing Aux.Sign -2 SQ.FT. 10 SQ.FT. 25 SQ.FT.
Maximum Hcij# g� 10,
Free Standing Aux.Sign
Maximum Area
Maximum Aria of any aiagb 32 SQ.FT. 40 SQ.FT.
Auxilim Wall Sign 2 SQ.FT. 10 SQ.FT. 25 SQ.FT.
Maximum Area
Max Area of W; ,Display 55L OF 7%OF 10%OF 20% OF 30% OF
devoted to Anxiliaty Sign WINDOW WINDOW WINDOW WINDOW WINDOW
— 219 — November 27, 1991
63.226 Detailed Sign Regulations: This section contains the regulations
applicable to the detailed sign types identified in paragraph
63.222(b) .
1) Auxiliary Signs: The table in 63.225 specifies the amount of area
which may be devoted to auxiliary sings in any development. This
amount of sign area is in addition to the primary sign area
permitted for a development.
2) Development Signs: One development identification sign is
permitted along each collector or higher level street on which a
development has frontage. If the development has more than 600
feet of frontage on an arterial or higher level street, a
development identification sign is permitted at each point of
public street access into the area or at each major private access.
Where a development has frontage only on local streets, one
development identification sign is permitted for the project.
A development identification sign shall be limited to no more than
eight feet in height above the natural grade, with the exception
that when the width of the sign is less than 20 percent of its
height, the sign may be up to 25 feet in height.
The maximum permitted area of a development identification sign is
determined by the following table:
TYPE OF LIGHTING BASE AREA ADDITIONAL PERMITTED AREA
General 60 sq. ft. 10 sq. ft.
For every 50, of freeway or expressway frontage, 75' of
arterial frontage, or 100, of collector frontage over
500 feet.
Backlight 50 sq. ft. 8 sq. ft.
or
Spot Light For every 50' of freeway or expressway frontage, 75'
of arterial frontage, or 100' of collector frontage
over 500 feet.
Internal 32 sq. ft. 5 sq. ft.
For every 50' of freeway or expressway frontage, 75' of
arterial frontage, or 100' of collector frontage over
500 feet.
Construction signs for residential developments are permitted
according to the same regulation as development identification
signs. Construction signs for nonresidential development shall
conform to the regulations for free standing signs applicable to
the use under construction. Construction signs are considered
temporary signs and do not require a sign permit.
3) Church Signs: Church signs shall be setback not less than 12 feet
from all property lines if not attached flat against the building.
4) Marquee or Sun Canopy: No sign affixed to or an integral part of a
marquee shall be less than eight feet above any sidewalk level or
its equivalent in the absence of sidewalk installation. Marquees
shall be permitted an area up to double that permitted for free
standing signs, provided that the increase in area above that
allowed for free standing signs is matched by a reduction in the
area of other permitted primary signs.
- 220 - November 27, 1991
Only that portion of a sun canopy which is utilized for the purpose
of transmitting a message by way of words, letters, figures or
logo/symbols instead of designs shall be counted as sign area,
according to the rules in 63.223(1) (c) . The area shall count
against permitted wall sign area, but the sun canopy shall not
count against the permitted number of primary signs.
5) Service Canopy: A service canopy is permitted where outdoor
customer service areas are provided. 50 percent of the facade may
be used for signage devoted to business advertising; product
advertising is not permitted.
6) Portable Signs: Portable Signs may take the form of a wall sign or
free standing sign and shall not, except where noted below, exceed
six square feet in area or four feet in height.
a) For sale or for rent signs in nonresidential districts may be
up to 32 square feet in size and six feet in height.
b) Portable signs shall be removed within two days of the
completion of the event or sale they are advertising.
c) Signs supported by a structure not permanently affixed to the
ground or a building shall not be located in any public right-
of-way, shall not block any traffic visibility zone.
d) Portable signs area also subject to the requirements of Section
66.100.
63.227 Business Centers: Each individual tenant within a business center
shall be permitted one wall business sign per exterior facade not to
exceed 20 percent of the area of the facade. In addition, one free
standing sign meeting the regulations of the underlying zoning district
is permitted at each entrance to the center.
63.230 LANDSCAPE AREA REDUCTION: This ordinance permits the satisfaction of
Landscape standards by the provision of Landscape Area, Landscape
Material, or a combination of area and materials. The basic ordinance
requirement is the minimum percentage of Landscape Area identified in
the Zoning District Tables; this percentage may be reduced by the
amount calculated in paragraph 64.232 through the introduction of
landscape materials in the development.
63.231 Landscape Policy: The purpose of Landscape Area and Landscape Material
is to provide aesthetic relief from on-site areas used for buildings or
vehicle movement and parking. It is the policy of the City that
Landscape Area and materials shall be used to provide separation or
visual relief for the primary living areas or primary views of adjacent
residential uses and for users of the public right-of-ways from on-site
parking areas and building foundations and walls.
63.232 Calculation of Landscape Area Reduction: The minimum required
Landscape Area on a site may be reduced by the provision of Landscape
Materials according to the following formula:
1. Identify Base Information:
a) What is minimum required % of landscape area for development
(from Zoning District Tables) .
b) What is landscape material point base standard (Found in Zoning
District Table)
c) What is the building perimeter.
- 221 _ November 27, 1991
d) Determine landscape area reduction factor (factor is 3% for
first 300 feet of building perimeter plus 0.1% for each
additional 50 feet of perimeter over 300 feet up to a maximum
of 5%)
2. Determine Landscape Material Factor
a) Take building perimeter (from item 1-c)
b) Divide by 300 divided by 300
c) Equals perimeter factor =
d) Take Landscape Material Point Base Standard
(From Item 1-b)
e) Multiply by Perimeter Factor (From Item 2-c)
f) Equals Landscape Material Factor =
3. Determine Number of Proposed Landscape Material Points
a) Canopy Trees to be Provided by Development
Multiply (proposed # of canopy trees) x 1.5 =
b) Understory Trees to be Provided by Development
Multiply (proposed # of understory trees) x 1.0 =
c) Shrubs to be Provided by Development
Multiply (proposed # of shrubs) x 0.5 =
d) Determine Total Proposed Landscape Material Points
Add (3a) + (3b) + (3c) _
4. Determine Landscape Area Reduction Multiplier
a) Take Total Landscape material Points
(from item 3-d)
b) Divide by Landscape Material Factor
(from item 2-f)
c) Equals Landscape Area Reduction Multiplier
5. Determine Permissible Reduction in Landscape Area
a) Take Landscape Area Reduction Multiplier
(from item 4-c)
b) Multiply by Landscape Area Reduction Factor
(from item 1-d)
c) Equals Allowable Reduction in Landscape Area with
Proposed Materials
Note: Subtract (5-c) from (1-a) to determine minimum percentage of
landscaping area required.
63.233 Landscape materials may be planted within the public right-of-way if
permission is obtained from the road authority. Materials which are
part of a required bufferyard may not be applied to Landscape Area
Reduction calculation. Landscape area may be partially within a public
right of way as provided for in paragraph 60.444(3) .
- 222 - November 27, 1991
63.240 EXTERIOR STORAGE STANDARDS: This section describes the exterior
storage standards (R,A,B,S,T,V) identified in the Zoning District
Tables of Chapter 62 for each type of permitted or conditional use.
(Additional exterior storage regulations for certain uses may be found
in the detailed use regulations of each zoning district, and
regulations for recreational vehicles are found in paragraph 62.278(7) .
63.241 Purpose: The purpose of these regulations is to regulate the visual
effect that uncontrolled storage of trash, merchandise, materials or
equipment can have when viewed from adjacent properties or adjacent
public right-of-ways.
63.242 Standards: The exterior storage standards are as follows:
1) Exterior Storage Standard "R": All materials, machinery and
equipment shall be stored within a building or be fully screened so
as not to be visible from adjoining properties, except for the
following when kept in good order; laundry drying and minor.
recreational equipment, construction and landscaping materials and
equipment currently being used on the premises, agricultural
materials and equipment, if intended for use on the property; off-
street parking of passenger vehicles and pickup trucks, and the
storage of firewood. All waste, debris or garbage shall be kept in
an enclosed building or closed container designed for such purpose.
2) Exterior Storage Standard "A": There shall be no external storage
or display of any goods, vehicles or equipment, except for
construction or landscaping equipment and materials currently being
used on the premises.
3) Exterior Storage Standard "B": All activities shall be within a
completely enclosed building, except that display of merchandise,
vehicles or equipment in the buildable area or extending five feet
into the required front yard is permitted. Displays of merchandise
shall be housed in racks or containers designed for such purpose.
Displays extending more than five feet in front of the building or
into any setback area are permitted only upon the issuance of a
Type II Conditional Use Permit.
4) Exterior Storage Standard "S": Storage of materials, vehicles and
other equipment associated with the operation of a business may be
accommodated outside of a building or structure. The amount of
area devoted to exterior storage shall not exceed the percentage
listed in the Zoning District Tables of Chapter 62, and such
storage shall only be permitted in the side or rear yards, outside
of any required bufferyard area, and controlled by bumper stops or
other means so as not to cross over the lot line.
5) Exterior Storage Standard "T": Trash storage shall be accommodated
within structure, or adequate outside area shall be set aside for
such trash storage and indicated as such on the site plan. All
outdoor storage or containers shall be placed on a hard surface
such as concrete and shall be aesthetically screened by a permanent
fence, wall or landscaping from adjacent properties and right-of-
ways.
6) Exterior Storage Standard "V": The display of vehicles and
implements for sale is permitted within the front yard or side
street side yard and within five feet of all other lot lines. The
display shall not interfere with the clear vision requirements of
Section 65.5610, and bumper stops or other measures shall be
provided to keep the vehicles from encroaching into the the public
right-of-way.
223 _ November 27, 1991
63.250 SITE LOCATION STANDARDS: This section describes the site location
criteria identified in the Zoning District Tables of Chapter 62 for
specific types of permitted or conditional use.
63.251 Purpose: Certain types of uses are found to be acceptable within given
zoning districts only at certain sites which exhibit locational
characteristics unique to the needs of the given use or site which are
less desirable to develop and thus are granted more latitude in
development options, or which, while being compatible with the
predominant land uses permitted in the underlying zoning district, have
traffic generation characteristics of a different nature which require
special consideration in locating the use. The purpose of this section
is to identify those locational restrictions necessary for certain
types of permitted or conditional uses which will insure their
compatibility with surrounding land uses.
63.252 Standards: The Site Locations Standards are as follows:
1) Site Location "A In an Established Zoning District, uses may
locate at the intersection of a collector street and a higher order
street (street classifications are based on the Thoroughfare Plan)
or at the intersection of two higher order streets. In the
Developing District, uses may locate at the intersection of a major
local street and a higher order street or at the intersection of
two higher order streets.
2) Site Location "B": A single family detached dwelling may be
converted to a duplex in the R-1, R-2 or R-Sa Districts in any of
the following circumstances:
a) Where the dwelling is 40 years or older, in excess of 1,500
square feet in size and on a lot over 7,200 square feet size.
b) Where each of the lots adjoining an existing lot on the side
(or in the case of a corner lot the side and rear) is occupied
by a duplex, multifamily dwelling or other use not permitted in
the underlying zoning district.
c) Where the lot has direct access to a freeway, expressway or
arterial as designated on the Thoroughfare Plan, or to a
frontage road contiguous to a freeway, expressway or arterial.
A new duplex may also be constructed in the R-1, R-2 or R-Sa
District where the site satisfies either condition (b) or (c)
above.
3) Site Location "C": The use shall be located at the intersection of
two arterial or higher order streets in an R-Sa, R-1, R-2, or R-3
District.
4) Site Location "D": Uses shall only be permitted to take access off
of a major local or higher order streets.
5) Site Location "E": Uses shall be located so as not to take access
from or channel a majority of the traffic generated by the use onto
a limited local or local residential street.
6) Site Location "F": Uses shall not take access to any major local
or collector street where access to the site from the primary
street system (arterials, expressways and freeways) by way of the
collector or major local results in traffic passing through a
residential area.
7) Site Location "G": Nonresidential uses shall be permitted only
under the following conditions (1) when the proposed use abuts an
existing nonresidential use along a side property line, or (2) the
224 - November 27, 1991
side yard of the proposed use abuts the rear yard of an existing
nonresidential use, or (3) the proposed site is a corner lot with
direct access to an arterial or expressway. Access to the site
shall be provided by a street which provides direct access to an
arterial or higher order street without encouraging traffic past
areas of existing residential development.
8) Site Location "H": In order to avoid the potential negative impact
of residential facilities on a neighborhood, no.two Type II or Type
III facilities may locate within one-quarter mile of each other.
An exception may be made if the two facilities are separated by a
physical barrier such as an arterial street, nonresidential zoning,
or topographical features that could mitigate the need for
separating such facilities. In such instances the request for a
zoning certificate shall be processed as a Type II use.
9) Site Location "I": All adult entertainment uses shall be located
not less than 750 feet from any residential district boundary,
church, school or youth facility. In addition, no adult
entertainment establishment shall locate within 750 feet of another
adult entertainment use. For the purposes of this Chapter this
distance shall be a horizontal measurement from the nearest
district boundary or lot line of a church, school, youth facility
or another adult entertainment use to the nearest point on the lot
line of the lot where the adult entertainment use is proposed.
10) Site Location "J": The site provides direct access to a collector,
arterial or expressway.
11) Site Location "K": The portions of the lot or parcel on which the
day care center is situated is located 300 feet or more from any
heavy industrial use identified in Paragraph 62.146 (1) , or above
ground storage of flammable, hazardous or poisonous gases, liquids
or materials. The! day care center may be an internal part of,
attached to, or free standing from the structure housing the
principal use on the lot or parcel.
63.253 Temporary Access: Pin applicant shall not be denied a zoning
certificate where the site location requirements cannot be met because
adjoining segments of planned street are not yet constructed. In such
instances, the zoning administrator may approve temporary access to
another street which shall expire when the access required by this
article becomes available for use.
63.260 BUFFERYARD REGULATIONS: Bufferyards shall be required to separate
different land uses from each other in order to eliminate or minimize
potential nuisances such as dirt, litter, noise, glare of lights, signs
and unsightly buildings or parking areas, and to provide spacing
between uses so as to reduce the adverse impacts of noise and odor.
Provision of bufferyards shall be the responsibility of the more
intensive use, and shall be required at the time of development.
63.261 Bufferyarde shall be located on the outer perimeter of a lot or parcel,
extending to the lot or parcel boundary line. Bufferyards shall not be
located on any portion of an existing or dedicated public or private
right-of-way.
63.262 Bufferyards in Established Districts: When a change of use is proposed
on lands which were in an Established District on the effective date of
the ordinance, bufferyards shall only be required if the development
involves a new use with a higher bufferyard indicator than the
previously existing use. If the bufferyard is to be provided along a
lot line separating the lot from an alley right-of-way a minimum of ten
feet in width, the development will be exempt from the distance
requirements of this section but the plant material required shall be
225 - November 27, 1991
integrated into the site layout between the lot line and the facade of
the building.
Minor reconstruction or remodeling of an existing use shall not require
the provision of bufferyards as a condition of zoning certificate
approval. Expansion or major reconstruction of an existing use are
treated in the same manner as a change in use, subject to the
regulations of Article 65.710.
The bufferyards required by this paragraph need only be provided where
the bufferyard area is adjacent to the front or side yard area of an
abutting or adjacent residential use.
63.263 Determination of Bufferyard Requirements: The following paragraphs
outline the procedure to be followed in determining the bufferyard that
is required by this ordinance between different types of land use.
1) To determine the type of bufferyard required between two adjacent
parcels or between a parcel and a street, the following procedure
shall be followed:
a) Identify the bufferyard indicator of the proposed use by
referring to the Zoning District Tables contained in Chapter
62.
b) Identify the land use(s) adjacent to the proposed use by on-
site survey.
c) Identify the bufferyard indicator of all adjoining land uses by
referring to the Zoning District Tables in Chapter 62.
d) Staff will provide the classification of adjacent streets based
on Thoroughfare Plan classification of streets.
e) Determine the bufferyard required along each boundary (or
segment thereof) by referring to the table in paragraph 63.264.
2) The table in paragraph 63.264 specifies the class of bufferyard to
be provided along each boundary. The classes of bufferyard are
further described in the table contained in paragraph 63.265. Any
of the options specified in 63.265 for a given bufferyard class
shall satisfy the requirements of this ordinance. Plant material
sizes and specifications are detailed in Section 63.150.
3) Existing plant material located on the property may be counted as
contributing to the bufferyard requirement if, in the opinion of
the zoning administrator, the material is of such character so as
to provide a similar buffering effect as the materials which
normally would be required by the ordinance.
4) Where adjacent lots are developed with an existing buffer
satisfying the intent of this section, or where the adjacent area
of an abutting lot is a rear yard used as a parking area, the
bufferyard requirements may be waived.
63.264 The letter designations contained in this table identify a class of
bufferyard which is then further defined in paragraph 63.265. An
asterisk (*) identifies that no buffer is required between the adjacent
land uses.
63.265 Definition of Bufferyard Types: This table defines the permissible
options available in each bufferyard class. Bufferyard requirements
are stated in terms of a width and the number of canopy trees,
understory trees, and shrubs to be provided per 100 linear feet of
bufferyard. Section 63.150 specifies the size of plant materials to be
used in a bufferyard. Whenever a wall, fence, or berm is required in a
- 226 - November 27, 1991
bufferyard, these are listed as a "structure required" in the table.
The specifications for such structures are illustrated on the page
following the table.
1) Whenever a wall is required in addition to a berm or plantings, the
wall shall be located between the berm of plantings and the higher
intensity use, in order to provide maximum sound absorption.
2) If the development on adjoining parcels is deed-restricted for
solar access, understory trees may be substituted for canopy trees
where canopy trees would destroy solar access.
63.266 Use of Bufferyards: A bufferyard may be used for passive recreation;
it may contain pedestrian, bike or equestrian trails, provided that 1)
all plant material is provided, and b) the total width of the
bufferyard is maintained. However, the following uses shall not be
permitted in a bufferyard: Ice skating rinks, playfields, ski hills,
stables, swimming pools and tennis courts.
63.267 ownership of Bufferyards: Bufferyards may remain in the ownership of
the original developer (and assigns) of a land use, or they may be
transferred to any consenting grantees, such as adjoining landowners, a
park or forest preserve district (the City of Rochester) or an open-
space or conservation group, provided that any such conveyance
adequately guarantees the protection and maintenance of the bufferyard
for its intended purpose.
63.268 Excess Bufferyard: Where the bufferyard between a land use and vacant
land turns out to be greater than the bufferyard which is required
between the first use and the subsequently developed use, the existing
use may expand its use into the original buffer area. However, the
reduced Bufferyard that this ordinance requires between the two uses
shall be maintained according to the regulations of this ordinance.
63.269 Contractual Reduction of Bufferyard Abutting Vacant Land: When a land
use is proposed adjacent to vacant land, and the owner of that vacant
land enters into a contractual relationship with the owner of the land
that is to be developed first, a reduced buffer may be provided by that
first use, provided that a) the contract contains a statement by the
owner of the vacant land of an intent to develop with uses no greater
than a specified bufferyard indicator class; and b) the contract
contains an agreement by the vacant landowner to assume all
responsibility for the additional bufferyard needed if that vacant lot
is subsequently developed with a less intense than had been agreed upon
and thus a greater bufferyard would normally be required.
227 - November 27, 1991
ROAGRAM-0.2&TABLU OF BUFFERYARD MUIRF&flNTS
NOTE::See Pu� 53.263 for DiMcfi=an Date;miaiag Bufferyan3a
•bWicatm dwt Nd Buffwyard'.ia'Re9mred
See Pars "63:265 foe.a Definition of the
BUFF$ItYARD PROPOSEU'.Ia1ND USE
NDICA?OR:' T<:` II III : TY. :! Y . 'VI'. VII Vlg
I • C D E E F O H I J K
II • • C D D E F O H J K
III • • • C D D E F O J K
IV • • • • p D E F O J K
V • • • • • C D E E H I
VI • • • • • • • E D H I
VII • • • • • • • • C C I
V1II • • • • • • • • • B O
DC • • • • • • • • • • F
g • • • • • • • • • • •
xi
R-1 or R-2 DisL
or Lo.Density
Zanta� RaWentW • B C D E F F O H J K
Lead Use R-3 Dbtrw cc
PLn Medlam Density
Reaidaotid • • A A C D D E F J K
ofAdjaceat D=igution
Yaaanti<.;;;;;:;:;>:;' R-4 Dlgtrid a
j fad Pameamt PAlk • • • • • • B C D J K
OPM Spaae
or B-1 or B-S DWL • • • • • • • B F H
p pid • • • • • • • • • F I
Non-: M-1 or B"Dist.
Conforming or Commercial • • • • • • • • A F G
Use ..if m DeaiSagtiaa
the came M-2 DisUid or
I)isirCt. ;'. IaduatrW • • • • • • • • • • •
Fraaway or • D C B • • • • • • •
Expressway
Ad}scmt Arterial • D C B • • • • • . •
Rofd Collector or • S1 S2 S2 • • • • • •
Chssificatian. Non-Rag.Local
Rssid�tid • S 1 S2 S2 S2 B C D E F G
Major Local
_.... .:: Rao,Loed a • SI S2 S2 S2 B C D E F G
Limited Lord
- 228 - November 27, 1991
PARAGRAPH 612fS DEFILVTIION:Qh`BUFFERYARD OP'TIGNS
�g�q eaC�.uo peg 100'of BA11 e)
NOTE:See Fo pism
for M=V1lim Of Spa•
BUFFERYARD VYIDT>I
CANOPY UNDERSY'ORY SMUBS STRUCLURES NOTES
CL113s PLAKTIIdaS PL:AN�
A 5' 1.0 1.0 0.0
10' 0.0 1.0 0.0 In Bufferyardn A.B,and C
0.0 a structure equal or exceeding
IS' O.E 1.6 0.0 F1 may be substituted for
uaderstory plantings.
20' 0.6 1.2 0.0
1S' 0.8 1.6 2.4
20' 0.6 1.2 1.8
5.0
0 4.0 6.0 In Bufferyards D and E
IS' 2. a structure equal or exceeding
20' 1.0
25' 1.6 _ 3.2 4.0 3.8 F2 may be substituted for
S uaderstory plantings.
20' 3.0 6.0 9.0
25' 2.4 4.8 7.2
30' 1.8 3.6 5.4
or D& ences may wnstru °
9.0 135 FI overlapping boards that allow
.
15' 4.5 wind pact tion but not
20' 5.0 10.0 1S.0 visual Pcnetrsticn.
25' 4.0 8.0 12.0
30' 3.0 6.0 9.0
In Bufferyasds F thru I
3.15 15.0 F2 or B 1 a structure of the next
20' 3.0 highest cLss may be substituted
2S' 4.0 6.0 20.0 for 5 required understory
30' 3.2 4.8 16.0 of 15.1 plantings-
30' S.0 7.5 30.0 B2 or F3
40' 4.0 6.0 24.0 B1 or F2
or
40' 6.4 9.6 39.4 B3 or F3
50, 8.0 12.0 48.0 1 B2 or F2
75' 6.4 9.6 38.4 B 1 or F2
Wb n
Adjaca t To:
Class I-IV 16.0 dopy P��g shall7beUse 500' 10.0 10.0 evergreens,all plantiClass - 12.0 shall be within SO'of
Use 100' 8.0 8.0 property line.
Use CO. 7.0 7.0 10.0
When Canopy Planting shall be
Adjac at To: evergreens.all plantings
Class I-IV 10.0 16.0 shall be within 50' of the
Use 1000' 10.0 prey .
Class V- 8.0 12.0
Use 500' 8.0
Class - 7.0 10.0
Use 200'
..........
. . . ..... .............. . _... 0 the boulevard of right-of-way.
1 0
S1 0 and may be provided by City of
Rochester.Check with Park Dept.
S on eurreat li do lant
229 - November 27, 1991
PARAGRAPH 63.264( (Continued)
DEFINITION OF BUFFERYARD TYPES
ILLUSTRATION OF FENCE
AND BERM OPTIONS
FENCES
BEFIMS
SYMBOL HEIGHT MATERIAL
IN
WOOD PICKET
t,, SYMBOL HEIGHT' MATERIAI
F2 b'- I I 'I I B 1 4'- EARTH
I I •.
B2 5
F3 $' EARTH
B3 6' EARTH
WOOD STOCKADE BERM WALLS
�:, IESS ► 71E
•, ' n�tee'r�I .rntrcA�
.,�� 1�
4
1 1
M SYMBOL HEIGHT
B W 1 4-BERM W/6' MIASONARY
o
to
63.300 MULTIPLE BUILDINGS ON A LOT: The development of multiple building on a
lot shall meet the requirements of this article.
63.301 The combined floor area permitted on a lot where more than one use is
proposed in a single building or multiple building are proposed shall
not exceed the highest maximum floor area ratio applicable to any
single use type in the development.
63.302 Where two or more uses occupying one or more buildings on a lot are
developed the most restrictive appearance and bufferyard controls shall
be applicable to the entire development unless the development is
designed such that each use has a separately defined area on the lot
where different requirements can be reasonably applied.
63.303 Adequate access to each building or structure for Emergency Vehicles
and apparatus shall be provided.
63.304 The site design of the development shall take into account the
potential for future subdivision of the site so that adequate access by
way of easement of lot pattern may be provided, and off-street parking
meeting the requirements of this ordinance could be provided
individually to each building.
63.310 RESIDENTIAL DEVELOPMENTS: The following requirements shall apply to
development of multiple buildings on a lot for residential purposes:
1) When two or more buildings are proposed for development on the same
lot, sufficient area shall be provided around the structures so
that each individual structure could provide applicable yards or
setbacks in the event the area was subdivided;
2) Where an additional building(s) is proposed on a lot where
buildings or structures already exist, the zoning administrator
shall assume the existing structures have the minimum yards or
setbacks surrounding them and any new buildings shall not encroach
into the imaginary yards of the existing buildings.
3) In the case of multifamily residential development, the site design
shall take into account the potential for future subdivision of the
site so that adequate usable recreation area can be provided by
easement or lot pattern for each individual building.
- 231 - November 27, 1991
63.400 OFF-STREET PARKING AND LOADING REGULATIONS: The provisions of this
article establish the standards for the design, location, and
maintenance of off-street parking and loading facilities required by
this ordinance.
63.410 GENERAL REQUIREMENTS: Off-street parking shall be improved and
available for use at the time of final building inspection when a use
or structure is first occupied, enlarged, or increased in capacity.
When a change in use is proposed, the Zoning Administrator shall review
the site layout in relation to the new use to insure adequate off-
street parking is available. Off-street parking shall be permitted
only in areas designed and maintained for such use consistent with the
regulations of this section.
63.411 Use of Off-Street Parking Areas: Areas designated for off-street
parking space shall not be used for the open storage of goods or the
commercial repair of vehicles. Parking of recreational vehicles is
regulated in the accessory use provisions of this ordinance.
63.412 Parking of Trucks in Residential Districts: No trucks or other
commercial vehicles of a rated weight over 3/4 ton shall be parked in
any Residential District for more than four (4) hours consecutively,
except 1) on nonresidential properties; 2) in a fully enclosed garage
or similar permanent structure; or 3) on a site under construction
where the vehicles are related to the construction activity in
progress. This paragraph shall not be construed as being inconsistent
with or repealing the provisions of other ordinances of the City of
Rochester which impose greater restrictions on parking commercial
vehicles on private premises.
63.413 Unlicensed Vehicles: Automotive vehicles or trailers of any kind
without current legal license plates or that are inoperable shall not
be stored or parked on any property zoned residential except in a
completely enclosed building.
63.414 Submittal Information: An application for a zoning certificate to
approve a development requiring off-street parking outside of a
driveway shall include information showing how the off-street parking
and loading requirements will be met. The site plan shall include but
not be limited to:
1) Delineation of the area to be devoted to off-street parking along
with the striping/curbing plan proposed to delineate individual
parking spaces and circulation aisles.
2) Delineation of access points for driveways serving the parking
area, including width of curb cuts and distance separation from
adjacent curb cuts.
3) Dimensions, location and composition of required screening and
proposed parking lot landscaping.
4) Grading, drainage, surfacing and subgrade details if required.
5) Notation of signs and bumper guards/curb stops proposed, and
indication of traffic visibility areas to be maintained.
A copy of the site plan shall also be filed with the City Traffic
Engineer if the parking lot will contain more than five spaces.
63.420 AMOUNT OF OFF-STREET PARKING: The regulations of this section identify
how to determine the number of off-street parking spaces to be provided
for a development.
- 232 - November 27, 1991
63.421 Number of Off-Street Parking Spaces: The number of off-street parking
spaces to be provided with any development shall be determined by
referring to the applicable Zoning District Table in Chapter 62 of this
ordinance and identifying the required off-street parking for the use
under consideration. where the unit of measurement used to determine
the number of parking spaces results in a fractional space, any such
fractional space shall require one parking space.
63.422 Units of Measurement: The following definitions shall be utilized in
determining the number of off-street parking spaces to be provided.
1) Floor Area: In the case of office, merchandising and service uses,
"floor area" shall mean the gross floor area used or intended to be
used by tenants for their primary business activity or for service
to the public as customers, patrons, clients, or patients,
including areas occupied by offices, public areas, or the display
of merchandise. It shall not include areas used principally for
non-public purposes, such as storage, the incidental repair,
processing or packaging of merchandise, for show windows, for
restrooms, areas devoted to mechanical equipment, or for dressing
rooms.
2) Places of Public Assembly: In places of public assembly where
patrons occupy benches, pews or other similar seating facilities,
each 20 inches of seating shall be counted as one seat for the
purpose of determining the requirements of off-street parking.
3) Employee(s) : Reference to "employees on the largest work shift"
means the maximum number of employees employed at the facility
regardless of whether such person is a full time employee. The
largest work shift may be a particular day of the week, daily work
shift, or peak period such as the lunch or dinner period in the
case of a restaurant.
4) Capacity: The maximum number of persons which may be accommodated
by the use as defined by building or fire code requirements.
63.423 Central Business District: Developments in the Central Business
District area of the Central Development Core are exempt from the
provisions of providing off-street parking, except that parking and
loading spaces voluntarily established shall comply with the size and
location requirements of this ordinance.
63.424 Mixed Occupancy: In the case of a development other than a business
center involving more than one use, the total off-street parking
required shall be the sum of the various uses computed separately. The
actual number of spaces provided on-site for a mixed use development
may be modified the Joint Use provisions of paragraph 63.425.
63.425 Joint Use: Up to 50 percent of the off-street parking spaces required
for uses such as theatres, bowling alleys, dance halls or other
entertainment uses, and up to 100 percent of the off-street parking
spaces required for a church or auditorium or similar place of public
assembly, may be supplied through use of parking facilities provided
for buildings or uses with parking demand concentrated on weekdays
between 8 a.m. and 5 p.m. , such as banks, business offices,
manufacturing firms or government buildings. A properly drawn and
executed legal instrument between the parties to the arrangement shall
accompany the request for zoning certificate approval, with such
Instrument approved as to form and content by the City Attorney.
63.426 Spillover Parking: Residential developments shall provide parking in
addition to the required off-street parking on a development wide basis
for service vehicles and visitors based on the guidelines below. Such
parking may be provided on-street, off-street, in any type of permitted
community parking facility, or in parking bays designed as part of the
233 - November 27, 1991
original development. All proposed subdivisions shall be reviewed for
consistency with these guidelines during the land subdivision review
process, and all other developments shall be reviewed during
Conditional Use or Zoning Certificate approvals.
Detached Dwellings: 1.2 spaces per unit
Attached Dwellings: 0.8 spaces per unit
Multi-Family Dwellings:
0-10 units - 0.4 spaces per unit
10-50 units - 0.2 spaces per unit
50-100 units - 0.15 spaces per unit
Over 100 units - 0.1 spaces per unit
63.430 LOCATION OF OFF-STREET PARKING: Required off-street parking spaces
shall be located in relation to the use they serve according to the
following requirements. Distances may be measured radially from the
nearest point of the building which the parking facility is intended to
serve.
63.431 One and Two Family Dwellings: One and two family dwellings shall
provide required off-street parking on the same lot as the building it
serves. Such parking may be provided in an established driveway,
provided no such space extends into a right-of-way and no more than one
tandem parking space is created. Garages space may be utilized in
meeting the requirements.
63.432 Performance Residential: Dwellings designed with individual garages or
driveways serving as parking areas shall be subject to the requirements
of 63.431. Where off-street parking is provided in common parking
areas, (either lots or bays), such parking shall not be further than
150 feet from the unit it serves.
63.433 Multiple Family Dwellings: Required off-street parking shall be
located on the same lot as the units it serves or within 200 feet of
the principal building served. Where a designated garage space is
assigned to each unit tandem spaces may be utilized provided adequate
space for aisles and driveways is reserved.
63.434 Other Uses: Required off-street parking shall be located on the same
lot as the use it serves or within 600 feet of the principal building
served for customer parking and within 1,000 feet for employee parking.
63.435 Ownership of Off-Street Parking: Where required off-street parking is
provided elsewhere than on the same lot as the use which it serves,
evidence of ownership or control of the parking facility, either by
deed or long term lease, shall be provided with the application for
zoning certificate approval. In addition, the owner of the development
shall file a recordable document with the City requiring the owner and
his or her assigns to maintain the required number of off-street
parking spaces during the existence of said use. Property that
constitutes required off-street parking may not be separated through
sale or other means from the principal use it serves unless the owner
of the development files and is granted approval of a zoning
certificate designating alternate off-street parking.
63.440 SPECIAL LOCATIONAL PROVISIONS: The following paragraphs identify
special off-street parking provisions applicable to certain
developments.
63.441 Commercial Parking Extension: Required off-street parking for uses in
the Central Development Core or any nonresidential district may extend
into adjacent land zoned R-2, R-3, or R-4 subject to the following
regulations:
234 - November 27, 1991
1) Driveways providing access to the parking area from streets in the
residential district shall only be permitted as a second access,
with primary access provided directly to a nonresidential street or
by an alley serving to a nonresidential street or alley the land in
the nonresidential district. Where direct access is not available
and primary access must be provided from the frontage of the
commercial lot, only one access, designed for one-way traffic,
shall be permitted off the residential street.
2) All commercial activities shall be oriented toward the frontage on
the street in the nonresidential district.
3) A buffer equal in intensity to Bufferyard F listed in paragraph
63.265 shall be provided along each property line which abuts a
residentially zoned property. Structures may consist of fences or
berms between 4 and 7 feet in height.
63.442 Collective Provision of Parking: Nothing shall be construed to prevent
the collective provision of off-street parking 'for two or more
developments, provided that the total of such parking shall not be less
than the sum of the requirements for the various developments computed
separately, and also that the locational requirements as to maximum
distance from the building are met.
63.450 PARKING FACILITY DESIGN PARAMETERS: The design of a off-street parking
facility will be function of six parameters. These six area:
1) The total number of spaces required
2) The percentage of total spaces devoted to small cars and standard
size cars.
3) The percentage of spaces designed for long term and short term
parking.
4) The size of the spaces.
5) Aisle widths based on the angle of parking utilized.
6) Required screening and setbacks.
The following paragraphs in this section identify the requirements
applicable to parameters (1) through (6) . The total number of spaces
are computed from the zoning district table as spelled out in paragraph
63.421 above.
63.451 Small Car Percentage: In any parking facility providing over five
spaces a percentage of the total spaces may be designed and marked for
small cars according to the following schedule:
Total Spaces Maximum Percentage
Required of Small Car Spaces
5-99 30%
100-149 40%
150 or more 50%
63.452 Long Term and Short Term Parking Ratio: In any parking facility
providing over five spaces a percentage of the small care spaces and a
percentage of the standard car spaces may be designed to accommodate
long term and short term parkers through the use of different stall
dimensions according to the following schedule:
235 - November 27, 1991
Use Type Percentage of Spaces Percentage of Spaces
For Long Term Parking for Short Term Parking
offices 80% 20%
Industrial 90% 10%
Retail 20% 80%
Recreational 0% 100%
Residential 0% 100%
63.453 Size of Spaces: The following schedule identifies the size of spaces
to be provided. Stall dimensions differ according to whether they are
designed for small or standard size cars and whether they are designed
for short term or long term parking.
TYPE OF PARKING
Size of Car Short Term Long Term
Small 7' 6" x 15' 0" 7' 3" x 15' 0"
Standard 8' 8" x 17' 0" 8' 4" x 17' 0"
63.454 Aisle Widths: The following schedule identifies the minimum aisle
widths to be utilized within a parking facility based on the angle of
parking provided and whether the aisle services one-way or two-way
vehicular traffic.
Width of Aisle Width of Aisle
For One-Way Traffic For Two-Way Traffic
Serving Serving
Angle Standard Standard
of Size Small Size Small
Parking Cars Cars Cars Cars
Parallel 10 FT. 8 FT. 21 FT. 14 FT.
30 10 FT. 8 FT. 21 FT. 14 FT.
45 12 FT. 10 FT. 23 FT. 16 FT.
60 18 FT. 12 FT. 25 FT. 18 FT.
90 22 FT. 15 FT. 25 FT. 18 FT.
In all cases where an aisle serves two or more angle of parking or two
sizes of car, the largest minimum aisle width shall apply.
63.455 Parking Setbacks: Off-street parking spaces may be located on a lot
according to the following rules:
1) In a Residential District:
a) In the rear yard;
b) In a side yard if the yard is at least eight (8) feet in width
and the parking area is maintained with an all weather, durable
surface.
c) In a front yard or side street side yard on an established
driveway. One additional space may be provided outside of the
driveway, but not in that part of the front yard in front of
the dwelling located upon the lot, if the following conditions
are met:
1) Such space is improved with an all weather surface.
-2) The area of the space does not cover more than 20 percent
of the front yard or side street side yard.
- 236 - November 27, 1991
3) Access to the space is from the driveway and not the result
of a separate or wider curb cut.
4) The space is landscaped along the side away from the
established driveway with a minimum of five shrubs meeting
the requirements of Section 63.154.
d) The zoning administrator may permit the encroachment of
circulation aisles into the front yard for a multifamily
residential use when such arrangement will permit the
development of a larger, more usable open space on the site.
Such aisles shall not cover more than 50 percent of the front
yard and shall not be closer than eight (8) feet to the right-
of-way line. Landscaping shall be provided between the aisles
and the right-of-way equal in intensity to Bufferyard D as
defined in Paragraph 63.265 for every 65 feet of frontage. A
berm at least four (4) feet in height may be substituted for
required canopy and understory trees.
2) In a Nonresidential District:
a) In the rear yard or side yard.
b) In the front yard or side street side yard to within eight (8)
feet of the right-of-way line. The eight foot strip shall be
landscaped with a minimum of one shrub for every five (5)
linear feet of frontage which can be grouped together into
designed planting areas. The shrubs shall meet the minimum
size requirements of Section 63.150. The eight foot width may
be reduced where a berm a minimum of four feet in height or a
hedgerow meeting the requirements of Section 63.140 is
provided.
c) Parking in the front yard of a nonresidential district which is
within 50 feet of an adjacent front yard or side street side
yard in a residential district shall not be closer than 20 feet
to an established street right-of-way line.
63.456 Screening: When parking areas for more than six vehicles are developed
on a lot adjacent to a lot zoned R-1, R-2 or R-Sa, or used for single
family detached, single family attached, duplex, church, school, or
Type I Group Residential Care, screening equal in magnitude to
Bufferyard G as defined in paragraph 65.711 shall be established along
the property line to screen the adjacent use from the parking area.
63.457 General Design Requirements: The following requirements shall apply to
all off-street parking except that for one and two family dwellings:
1) Parking spaces, aisles and driveways shall be paved with asphalt or
comparable all-weather, dust free surfacing.
2) Parking areas shall have provision made for the on-site collection
of drainage to eliminate sheet flow of such waters onto sidewalks,
public right-of-ways and abutting private property.
3) Lighting of parking areas shall be directed or deflected so as not
to shine directly onto adjacent dwellings or cause hazards to
motorists on adjacent streets.
4) Spaces shall be striped or marked.
5) Wheel stops or bumper guards shall be provided where appropriate
for spaces abutting a property line so that no vehicle will
overhang a public right-of-way or other property line.
237 - November 27, 1991
63.458 Alleys: Off-street pa6king spaces accessed directly from an alley are
permitted only at a 90 angle to the alley right-of-way.
63.460 OFF-STREET LOADING: Loading areas for uses which are involved in the
shipment of goods, which receive merchandise or materials, or which
need areas for the pickup/drop-off of persons, shall be provided in
numbers sufficient to handle anticipated traffic, based on the
characteristics of the shipping/receiving practices.
1) The factors the Zoning Administrator shall consider in determining
whether loading area is required are:
a) The amount of vehicle traffic devoted to loading/unloading
activity.
b) The possible interference with traffic movement or off-street
parking the lack of separate loading area would create.
2) The factors the Zoning Administrator shall consider is determining
the number of separate loading areas to require are:
a) The nature of the loading activity (receiving only, shipping
only, loading of persons, etc) .
b) The frequency of deliveries or shipments.
c) The amount of time it takes to load or unload.
d) The time of day the loading activity will occur.
63.461 The standard size of the loading area shall be a minimum of ten (10)
feet in width, 25 feet in length, with an unobstructed height of 14
feet. The Zoning Administrator may permit a smaller area when
presented with factual evidence indicating vehicles of smaller size
will be used. Where shipments or deliveries are made via tractor-
trailer combinations, a larger loading area commensurate with
anticipated vehicle size may be required.
63.462 Loading areas within a public right-of-way shall be acceptable provided
the road authority has agreed to designate and post the loading area
for such use. Where the loading activity involves the movement of
goods, safety hazards to vehicles and pedestrians within the right-of-
way should be minimized.
63.463 Off-street loading areas shall not occupy any part of a required front
yard.
63.464 Loading areas and driveways/aisles serving the loading area shall be
improved with a durable material to control dust and drainage.
63.465 Required loading areas shall be ready for use at the time of final
building inspection and permanently maintained for the life of the use.
63.466 In reviewing the proposed location of loading areas (off-street), the
Zoning Administrator shall be guided by the following principles:
1) The loading area shall be located so that loading/unloading
activity does not create interference in any public street right-
of-way for vehicles.
2) Vehicle movements necessary to maneuver a vehicle into a loading
area shall be planned so as not to require multiple backing or
turning movements on any collector, arterial or expressway .
Deliveries shall be scheduled so as not to occur during peak hour
periods on any collector, arterial or expressway.
- 238 - November 27, 1991
3) Utilization of loading areas shall not interfere with any required
off-street parking space or driveway/aisles providing access to
such space (Loading of a short term nature may occupy one lane of a
two-way aisle)
63.470 COORDINATED PARKING AND LOADING MANAGEMENT PLAN: The Commission and
Council may consider for approval an integrated plan for the management
of parking and loading facilities which necessitate modifications to
standard ordinance regulations for any development with unique
characteristics of operation, employment or site layout.
63.471 Procedure: The application for approval of a Parking and Loading
Management Plan shall be processed through the Type III Review
Procedure with the Commission as the designated hearing body. A fee,
as specified in paragraph 60.175, and submission materials describing
the proposal and including justification for approval shall accompany
the application.
63.472 The Commission and Council shall find that the proposed management plan
justifies the requested modifications to standard parking and loading
requirements of this ordinance based on the presence or implementation
of features such as:
1) Use of shuttle services for employees or customers;
2) Construction of enclosed pedestrian ways or connection to a public
system of enclosed pedestrian facilities;
3) Integrated goods delivery within the development complex;
4) Employer efforts to encourage transit or ride sharing or other
means of reducing off-street parking demand.
5) Other features deemed by the Commission and Council to reduce off-
street or on-street parking or loading demand.
63.473 An individual owner or a group of individual owners acting together as
one applicant may submit an application for approval of a Parking and
Loading Management Plan.
239 _ November 27, 1991
63.500 ACCESS AND TRAFFIC VISIBILITY: The design of driveways, access lanes
and intersections shall meet the requirements of this article before a
zoning certificate approving a site design will be issued.
63.510 DRIVEWAYS AND ACCESS DRIVES: Driveways shall be a minimum of eight
feet in width for all one and two family dwellings; 10 feet in width
when serving one-way aisles; and 18 feet in width when serving two-way
aisles.
63.511 Access Easement Width: Access easements providing access to lots with
no frontage or rear yard buildings shall have a minimum width equal to
the required aisle or driveway surface plus four feet.
63.512 Driveways shall not be located closer than 25 feet, measured at and
along curb lines, to the intersection of any two streets.
63.513 Right turn lanes or tapers may be required where the City Traffic
Engineer determines that due to travel speeds, lane volumes, and
turning volumes, a deceleration lane is warranted to avoid congestion
or maintain safe travel conditions on the adjacent roadways.
63.520 STANDARDS: A Traffic Visibility Zone shall be maintained on each
corner of property at the intersection of two streets, a street and an
alley, a street and a railroad, and also at the point where driveways,
private drives, or entrances to common parking areas intersect with a
public or private street right-of-way. The Traffic Visibility Zone is a
triangular area which shall be kept free of visual obstructions as per
the requirements of paragraph 63.522.
63.521 Definitions: For the purpose of this section, the following definition
is established:
1) Reference Line: The reference line of any public or private street
is the one line of the following two described lines which is
located closer to the existing right-of-way line:
a) a line within the right-of-way that is parallel to and five
feet inside of the right-of-way line.
b) the line created by the existing curb location parallel to the
right-of-way line.
63.522 Character of Traffic Visibility Zone: A Traffic Visibility Zone shall
contain no fence, structure, earth bank, hedge, planting, wall or other
obstruction between a height of two and one-half (2 1/2) feet and nine
(9) feet above the property line grade as established by the city
engineer. The following are exempted from this provision:
1) Public utility poles.
2) Trees trimmed (to the trunk) to a height at least nine (9) feet
above the level of the intersection.
3) Other plant species of open growth habit that are not planted in
the form of a hedge and which are so planted and trimmed as to
leave in all seasons a clear and unobstructed cross-view
4) A supporting member or appurtenance to a permanent building
lawfully existing on the effective date of this ordinance.
5) Official warning signs or signals.
6) Signs mounted ten (10) feet or more above the ground with supports
that do not encroach on the clear-vision area.
- 240 - November 27, 1991
In addition, the zoning administration may waive this provision
where the natural contour of the ground is such that there can be
no cross visibility at the intersection.
63.523 Exemption: The requirements for Traffic Visibility Zones shall not
apply in the Central Business District area of the Central Development
Core (CDC) District.
63.524 Traffic Visibility Zones for Intersecting Streets: A Traffic
Visibility Zone shall be maintained at the intersection of two streets
or a street and an alley within the triangular area described by the
line connecting the following points:
1) the point created by the intersection of the centerlines of the two
streets or street and alley;
2) the point along the centerline of the lower order street or alley
which is twenty (20) feet from the intersection of the centerline
of the lower order street or alley and the reference line of the
higher order street;
3) a point along the centerline of the higher order street which is
located the distance from point (1) indicated in the table below:
Higher order
Street Type Distance
Expressways 400'
Arterials 300'
Collectors 200'
Local Streets 150'
63.525 Traffic Visibility Zone, Intersections with Signals, or with Stop signs
on all Four Corners: Where two streets intersect at a signalized
intersection or at a four way stop intersection, the triangular area
for traffic visibility shall be described by the lines connecting the
following points:
1) The intersection of the reference lines of each street;
2) Points located along each reference line located ten (10) feet from
point (1) .
63.526 Traffic Visibility, Streets of Same Class: When two streets of the
same class intersect, separate traffic visibility zones for each street
shall be defined by applying the principles of paragraph 63.524 to each
street by defining, in turn, each street as the higher order street.
63.527 Traffic Visibility Zone, Common Parking Areas: A traffic visibility
zone shall be maintained at the intersection of any street 'and private
driveway serving five or more parking spaces. Such area shall be
defined by the lines connecting the following points:
1) the point where the midline of the drive intersects the reference
line of the street;
2) the point thirty-five (35) feet from point (1) along the reference
line in the direction of approaching traffic;
3) the point twenty-five (25) feet toward the interior of the property
along the midline of the driveway from point (1) .
241 - November 27, 1991
63.530 ACCESS FOR EMERGENCY VEHICLES: The purpose of t his is to
ensure that all premises shall be readily accessible for Section emergencyservice vehicles, particularly fire-fighting equipment.
63.531 All developments which do not have frontage on a public street shall
provide access for fire vehicles and emergency apparatus from a public
street as follows:
1) A dead-end access exceeding one hundred-fifty (150) feet in length
shall be provided with a turning radius or area as approved by the
fire chief.
2) Except as provided by (3) below, a fire lane shall be required to
provide access to any portion of any structure which is more than:
(a) one hundred and fifty (150) feet from the nearest street right-
of-way when the structure is thirty (30) feet or less in height;
(b) fifty (50) feet from the nearest street right-of-way when the
structure exceeds thirty (30) feet in height.
3) When fire vehicles and emergency apparatus are provided access to
any portion of a structure more than the distance from a street
right-of-way specified in the subsection above, by means of either
bufferyard area or adjoining property, the requirements of (2) may
be waived by the fire chief.
4) In addition to the situations above which require a fire lane, a
fire lane to provide access to any part of a building may also be
required if the zoning administrator determines that the distance
of a structure from the nearest hydrant, the configuration of
structures on a site, or other special characteristics of the site
otherwise inhibit rapid, effective fire extinguishment.
5) The zoning administrator in consultation with the fire chief, may
determine that the public health and safety require fire lanes in
addition to private fire protection facilities required by the
Building Code for any structure classified as a high hazard use;
any structure to be occupied by uses which involve extreme risks of
fire, smoke, explosion, or toxic gas; or structures to be used as
places of assembly for large congregations of people.
63.532 Fire Lane or Fire Apparatus Access Road Standards: Refer to the
Rochester Fire Code in Chapter 55 of the Rochester Code of Ordinances,
Section 55.01 for the standards and requirements.
63.533 Alternatives to Fire Access Lanes: In lieu of meeting the standards
specified above, a developer may substitute alternative means
(including but no limited to fire resistant roofs, fire separation
walls, space separation, and automatic fire extinguishing systems) of
insuring the access necessary for effective fire department operations.
Such alternative means shall suffice to meet the requirements of this
section, provided that the fire chief of the City concurs.
63.534 The City of Rochester shall not be liable for damage to underground
utilities beneath fire access lanes caused by fire fighting equipment.
- 242 - November 27, 1991
63.600 INDUSTRIAL PERFORMANCE STANDARDS: Industrial Performance Standards are
intended to identify acceptable levels of hazard or nuisance that may
be created by the use of land or structures in the various zoning
districts. The use of land or structures is permitted (subject to
other ordinance requirements) if the the level of hazard or nuisance
does not exceed the applicable standards established in this Article.
63.601 The standards of performance established by the article apply uniformly
to all uses even though non-industrial uses are unlikely to be in
conflict therewith. The Zoning Administrator shall review all zoning
certificate applications for compliance with the standards of this
Article. The provision for enforcement of compliance with the
Industrial Performance Standards may be invoked by the Zoning
Administrator against any existing use if there are reasonable grounds
to believe that the standards are being violated by such use.
63.610 APPLICATION OF STANDARDS: If in the judgment of the zoning
administrator a proposed use appears likely to require control measures
to prevent violation of industrial performance standards, the applicant
shall submit along with the application for a zoning certificate a
description of the proposed machinery, processes and products, and
specifications for the mechanisms and techniques to be used in
restricting the emission of the objectionable elements. The fee for
such application shall be as provided in paragraph 60.175 plus the cost
of the special reports required below.
63.611 Report by Specialists: The zoning administrator may refer the
application to one or more qualified specialists for investigation and
report as to whether a proposed use will conform to the applicable
performance standards. Such consultant or consultants shall report as
promptly as possible after his or their receipt of such application. A
copy of such report shall be promptly furnished to the applicant.
63.612 Review by Zoning Administrator: The zoning administrator shall decide _
whether the proposed use will conform to the applicable performance
standards within 15 days of receipt of the consultants report, and on
such basis shall authorize or refuse to authorize issuance of a zoning
certificate or may require modification of the proposed plan of
construction, or specifications, proposed equipment, or operation. Any
zoning certificate so authorized and issued shall be conditioned upon,
among other things, the following: 1) that the applicant's buildings
and installations when completed will conform in operation to the
applicable performance standards; and 2) that the applicant will pay
the fees for services of the expert consultant or consultants deemed
reasonable and necessary by the zoning administrator to advise the city
as to whether or not the applicant's completed buildings and
installation in operation will meet said applicable performance
standards.
63.613 Continued Enforcement: The zoning administrator shall investigate any
purported violation of performance standards and, if there is
reasonable ground for the same, shall serve the owner with a written
notice of violation thereof. If it should become necessary for the
city to employ the services of any qualified expert to advise in
establishing a violation, his fee shall be paid by the violator if said
violation is established, otherwise it shall be paid by the city.
63.614 Points of Measurement: Unless otherwise noted within the regulations
of this section, the measurements necessary for enforcement of
performance standards levels set forth in this section shall be taken
at the property line boundary of the use being considered for a zoning
certificate or possible violation notice.
63.620 STATE AND FEDERAL REQUIREMENTS: The city of Rochester shall have the
authority to enforce applicable State and Federal regulations in
matters concerning the following type of Industrial nuisance:
243 - November 27, 1991
1) Radioactivity, electrical disturbance, radiation;
2) odors resulting from liquid, air or solid waste discharge;
3) Liquid and solid waste discharges and disposal;
4) Toxic matter discharge or disposal
5) Heat discharge and emission;
6) Fire and explosion hazards;
7) Emission of particulates.
63.621 In the application of Performance Standards adopted by different unit
of government or governmental agencies, the more stringent standards
shall apply for purposes of regulation.
63.630 LOCAL INDUSTRIAL PERFORMANCE STANDARDS: The City of Rochester shall
enforce the following standards for industrial nuisance where the
regulations are not superseded by more stringent state, federal or
other local standards.
63.631 Odors: In those instances where federal and state regulations are not
applicable, no use in an M-1 or M-2 District shall emit any continuous,
frequent, or repetitive odor or odor causing substance which is
detectable at or beyond the point of measurement. An odor which is
emitted no more than fifteen (15) minutes in any one day nor more than
two (2) days out of the calendar month shall not be deemed to be
continuous, frequent, or repetitive under this subsection. The
existence of an odor shall be presumed when the concentration of the
odor causing substance in the air at or beyond the point of measurement
exceeds the lowest concentration listed as the odor threshold for such
a substance in TABLE III, ODOR THRESHOLDS, appearing in Chapter 5
"Physiological Effects", "The Air pollution Abatement Manual",
Manufacturing Chemists' Association (1952) or any subsequent amendments
or revisions thereto. Substances which are not listed in that table
shall not be deemed odorous unless analysis by a competent chemist
demonstrates that a discernible odor is being emitted.
In any district other than the M-1 or M-2, no emission of an odor or
odor causing substance shall be permitted.
63.632 Heat: Where the federal and state regulations are not applicable, no
continuous, frequent, or repetitive discharge or emission of heat shall
be allowed if it increases the ambient air or water temperature by one
degree centigrade (1 degree C) or more or beyond the lot line of the
property from which it is being emitted or discharged.
63.633 Fire and Explosion Hazards: All activities involving, and all storage
of, flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and with
adequate firefighting and fire suppression equipment and devices
standard in the industry. Burning of waste materials in open fires is
prohibited.
63.634 Glare: In the M-1 and M-2 districts, no direct or sky reflected glare,
whether from flood lights or from high temperature processes such a
combustion or welding, shall cause illumination in excess of 0.5
footcandles at the point of measurement.
In all other districts, no operation or activity shall be conducted so
that any glare, whether direct or reflected, is visible at the point of
measurement.
_ 244 _ November 27, 1991
63.635 Smoke: Measurement of smoke shall be at the point of emission. The
Ringleman Smoke Chart published by the United States Bureau of Mines
shall be used for the measurement of smoke. The following table
indicates for the various zoning districts the acceptable level of
smoke emissions. These provisions, applicable to visible grey smoke,
shall also apply to visible smoke of a different color but with an
equivalent apparent opacity.
Zoning Maximum Level
District of Emission Excevtion
R-1, R-2 Ringleman No. 0 None
R-3, R-4
and
Developing Residential Areas
B-1, B-4 Ringleman No. 1 Smoke of a Shade Equal to No. 2 on the
CDC, MRD Chart may be Emitted for a Total of
Eight Minutes during any one hour
period.
M-1, M-2 Ringleman No. 2 Smoke of a Shade Equal to No. 3 on the
Chart may be Emitted for a Total of
Eight Minutes during any one hour
period.
63.636 Particulates: No solid or liquid particles shall be emitted at any
point in concentrations to exceed 0.1 grains per cubic feet of
conveying gas in any residential district and 0.3 grains per cubic feet
of conveying gas in any other district. For measurement of the amount
of particles in gases resulting from combustion, standard corrections
shall be applied to a stack temperature of 500 degrees Fahrenheit and
fifty (50%) percent excess air.
63.640 VIBRATION: Vibration, as used in this ordinance, refers to ground
transmitted oscillations. For the purpose of identifying and measuring
different types of vibration, the following definitions shall apply:
1) "Amplitude". The maximum displacement of the surface of the earth
from its normal resting position. Amplitude is generally measured
in inches or mils.
2) "Discrete impulses". A ground transmitted vibration stemming from
a source where specific impulses do no exceed sixty (60) per minute
or one (1) per second.
3) "Frequency". The number of times that a displacement completely
repeats itself in one (1) second of time. Frequency shall be
expressed in cycles per second (cps) or hertz (Hz) .
4) "Impact". An earthborn vibration generally produced by two or more
objects striking each other so as to cause separate and distinct
pulses.
63.641 Ground transmitted vibration shall be measured at the point of
measurement using a seismograph or complement of instruments capable of
recording vibration displacement and frequency, particle velocity, or
acceleration simultaneously in three mutually perpendicular directions.
63.642 Vibration shall not exceed the following levels:
Maximum Peak Particle
Velocity in Inches Per Second When the Lot is Adiacent to:
0.02 (7 a.m. - 9 p.m.) R-1, R-2, R-3, R-4, MRD,
0.01 (9 p.m. - 7 a.m.)Developing Residential Areas
- 245 - November 27, 1991
i
0.05 B-4, B-1, M-1, CDC
0.10 M-2
63.643 The maximum particle velocity shall be the maximum vector sum of three
(3) mutually perpendicular components recorded simultaneously.
Particle velocity may also be expressed as six and twenty-eight hundred
(6.28) times the displacement in inches multiplied by frequency in
cycles per second. Steady state vibrations are ones which are
continuous or in discrete impulses of more than sixty (60) per minute.
Discrete impulses which do not exceed sixty (60) per minute shall be
considered impact vibrations. Impact vibrations are limited to values
which are no greater than twice those specified above.
63.650 NOISE: Noise level readings shall be taken at the point of
measurement. Noise shall be muffled so as not to become objectionable
due to intermittence, beat frequency, shrillness or intensity. The
sound pressure level of noise in an octave band frequency radiated
continuously from a facility shall not exceed the following values:
PERMITTED NOISE LEVELS
Duration of Sound 6 pm - 10 pm
of Sound (residential districts)
or
7 am - 6pm 6pm - 7 am 10pm - 7 am
(all (all other (residential
districts) districts) districts)
Less than
10 minutes 75 db 70 db 60 db
Between 10
minutes and
2 hours 70 db 60 db 50 db
In excess of 60 db 50 db 40 db
2 hours
Values in this table are subject to the correction factors listed in
paragraph 63.651. Sounds in excess of the residential district
limitations as measured in a residential district violate this section
whether the sound originates in a residential district or any other
district.
63.651 If the noise is not smooth and continuous, one or more of the
corrections which follow shall be added or subtracted from the
applicable decibel level given in the preceding paragraph.
Correction in
Type of Operation of Character of Noise Decibels
Noise source operates less than 20% of Plus 5*
any one hour period
Noise source operates less than 5% of Plus 10*
any one hour period
Noise source operates less than 1% of Plus 15*
any one hour period
Noise of impulsive character Minus 5
(hammering, etc.)
Noise of periodic character Minus 5
(Hum, screech, etc. )
*Apply one of these corrections only:
246 - November 27, 1991
63.652 Exceptions to Noise Level Standards: Sounds emerging from the
operation of (1) motor vehicles on a public highway; (2) aircraft; (3)
outdoor implements such as power lawn mowers, snowblowers, power hedge
clippers, and power saws; (4) emergency equipment of any kind; (5)
maintenance equipment operated by a public agency or utility; and (6)
pile drivers or jackhammers and other construction equipment, are
exempt from the provisions of this section. Sounds emanating from
lawful and property activities at schoolgrounds, playgrounds, parks or
places wherein athletic contests take place are exempt from the
provisions of this ordinance.
In addition, in locations where the ambient noise level generated by
daily traffic on an adjacent street or be commercial aircraft exceeds
the standards set forth in paragraph 63.650, control of noise shall not
be required to produce a sound level below that of the ambient noise
level.
- 247 - November 27, 1991
Section S. Chapter 64 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 64
SITE DESIGN POLICIES
64.100 SITE DESIGN PRINCIPLES: This article establishes policies to guide the
design and review of proposed developments involving the layout of new
lots and streets and the installation of new public facilities.
64.110 LOT DESIGN PRINCIPLES: This section sets forth the general regulations
which provide the basis for the design of lots within a subdivision.
64.111 Lots should be designed in light of potential uses, so that adequate
buildable area is provided and adequate room for yards and bufferyards
will exist on the lot. Subdivision lots should be laid out in relation
to adjacent lots so as to provide for consistency in rear and side
yards on interior lots. Where a minimum lot size is specified for a
particular type of use, new lots shall meet this requirement and
existing lots shall not be reduced below the minimum except as provided
for in the ordinance.
64.112 Where independent development of adjacent lots for single principal
uses is planned, the side lot lines of lots abutting a public or
private right-of-way should to, the extent practical, run at right
angles to the right-of-way line, and in the case of cul-de-eacs or
curvilinear street right-of-ways radial to the curve.
64.113 Lots shall be designed with adequate frontage for the purpose of
providing direct physical access to the property for vehicles and
utilities and for public safety equipment. A limited number of flag
lots and lots with no frontage may be permitted for the purpose of
allowing the more efficient utilization of irregularly shaped parcels
of land, or where the integrated nature of multiple buildings on a site
dictates the need for such lots. In the case of lots with no frontage,
access for vehicles, utilities and emergency vehicles shall be insured
through the use of common area agreements or private easements.
Individual requirements for each type of lot include:
1) For full frontage lots, continuous frontage shall be provided equal
to or greater than the required minimum width at building line (if
one is specified in the ordinance) or the actual width at the
building line. Full frontage lots shall be of adequate width so as
to provide adequate spacing of access points for the type of street
they have frontage on.
A lot located on a cul-de-sac may be considered a full frontage lot
where 1) the frontage is at least 50 percent of the minimum
required width or the actual width at the building line and in no
case is less than 25 feet, and 2) the lot area is not reduced
beyond the minimum lot size (if one is specified), and 3) the
minimum width at the building line is provided (if one is
specified) .
2) Flag late may be utilized on a limited basis in subdivisions where
individual development of each lot is contemplated. A minimum of
one lot, or a maximum of 10 percent of the lots in a development,
may be of a flag lot configuration. The flag lot configuration may
be used where it makes possible the better utilization of
irregularly shaped properties or sites with physical limitations,
or where the configuration permits elimination of access to a
collector, arterial or expressway, . Flag lots shall not be
permitted where their effect solely would be to increase the number
248 - November 27, 1991
of lots that would take their access from major local, collector or
arterial streets.
On flag lots the minimum frontage at the right-of-way line shall be
equal to the minimum required driveway width plus 4 feet.
In a flag lot configuration, the flag portion of the lot is not
considered in determining the area of the lot.
3) Lots with no frontage may be used on the same basis and subject to
the same restrictions as flag lots as identified in subparagraph
(b) above. In addition, lots with no public street frontage may be
created where they are the result of the integrated development of
a site for. which a development plan has been approved which
utilizes common areas to provide access, parking and utility
connections. In such instances there is no limitation on the
number of lots that may be created.
On lots with no frontage the minimum easement width shall be equal
to the minimum required driveway width plus four (4) feet.
Requests for the creation of a lot with no frontage shall be
accompanied by proposed or existing documents which provide proof
of easement for access and utilities.
Where a flag lot or lot with no frontage configuration is proposed on
an infill basis, the request shall be reviewed in light of the existing
lot pattern and access pattern in the area to insure it will not become
recurrent in nature and that the number of such lots in a block is
generally consistent with subparagraph (b) above.
64.114 Subdivision shall be designed to minimize the number of lots taking
access to collector streets. As a general guide, a ratio of 12.5 lots
taking access per 1,000 feet of block frontage should be used to guide
lot layout along collector streets.
64.120 STREET LAYOUT PRINCIPLES: This section established general policies
regarding the manner in which the public street system of a development
is planned.
64.121 The design of the proposed street system should be consistent with the
policies of the Comprehensive Plan, and provision shall be made for the
major streets identified on the Thoroughfare Plan, unless prior
agreement with the City Council regarding alternative facilities has
been made.
64.122 The design of proposed streets should take into consideration:
1) the location, width and grade of existing or planned streets;
2) existing and finished topographical conditions;
3) the potential uses of the land to be served by the street; and
4) the manner the streets will be integrated into the runoff control
system.
The street system should provide a safe traffic circulation pattern,
with intersections, grades, tangents and curve design appropriate for
the traffic to be serviced. All intersections should be designed to
intersect one another as nearly to right angles as the topography
permits.
64.123 Efforts should be taken to the extent practical to ,avoid hazard areas
such as floodways, cliffs or ravines when routing streets. A secondary
means of access is encouraged when the sole primary means of access
249 _ November 27, 1991
into a subdivision traverses a flood plain area. Such secondary access
should be designed no more than two (2) feet below the flood protection
elevation.
64.124 Residential streets should be designed to benefit from the topography,
to discourage through traffic, and to provide the minimum amount of
streets necessary for safe access to adjacent properties.
64.125 Efforts should be taken to avoid the creation of through lots, except
where dictated by topographical conditions or where necessitated by a
lot layout which provides for the restriction of access to a collector,
arterial, expressway or freeway. Lots adjacent to an arterial,
expressway or freeway should be platted so as to make use of frontage
roads, parallel streets or service drives in order to eliminate the
need for direct access. Vehicular access restrictions shall be
included on final plat documents.
64.126 When a proposed development abuts a public body of water, the need for
public access to such water body shall be reviewed and, where deemed
necessary by the Council, public access of at least 66 feet in width
provided.
64.127 Efforts should be taken in new developments to lay out the street
system in such a manner so as to create a hierarchy of streets
according to the following principles:
1) Limited local streets should be laid out to intersect with higher
order streets and in such a manner as to discourage through
traffic.
2) Local streets should be laid out to intersect with a higher order
street when anticipated ADT will exceed 1,000 vehicles per day.
3) Major local streets should be laid out to intersect with two
streets of equal or higher classification.
4) Alleys should be laid out to intersect with major local, local or
limited local streets.
5) Frontage roads should be designed so that stacking areas of
sufficient depth are provided at primary intersections. When
located along collectors, such primary intersections should be at
least 300 feet apart, while on higher order streets the separation
shall be as recommended by the City Engineer.
6) The Council may require a street to be of a collector level design
where the layout of the development is such that the anticipated
ADT will exceed 3,000 vpd and serves to collect and distribute
traffic to the major street system identified on the Thoroughfare
Plan.
7) New access points along arterials or expressways in the Developing
District should be established for the purpose of serving
intersecting public streets or major private developments
generating in excess of 1,500 vehicles per day. Access points
generally should be at intervals of no less than 1,000 feet. In an
Established District, arterial design reflects higher traffic
volumes, more congestion and lower speeds. Intervals between
access points can be reduced as recommended by the governing road
authority. When access to an arterial or expressway is permitted,
the adjoining property shall, where necessary, provide a public
street in order to provide public access to adjoining lands.
64.128 Where necessary to give access or to permit the reasonable future
subdivision of adjacent land, right-of-ways and improvements should be
- 250 - •November 27, 1991
extended to the boundary of the development. Construction of a
temporary turnaround should be considered where the dead end exceeds
500 feet in length. The platting of partial width right-of-ways shall
be prohibited except where the remainder of the necessary right-of-way
has already been platted, dedicated or established by other means.
64.129 Where it is the purpose to restrict private access to collectors,
arterials or expressways or where the development of a residential
subdivision utilizing rear access is planned, alleys may be considered
for approval by the Council. Blocks with alleys should be platted with
no access along the lot frontages paralleling the alley.
64.130 PUBLIC FACILITIES GUIDELINES: The requirements of this section
identify the guidelines to be followed in the establishment of
infrastructure improvements associated with any development.
64.131 In a proposed development the required improvements include streets,
sidewalks, public sanitary sewer and water utility extensions, storm
water management facilities, soil erosion and sedimentation control and
monumentation. Other items that are necessary or material to the
project, such as school sites or parkland, may be negotiated during the
development approval process.
64.132 Installation of public facilities and utilities shall be according to
the policies adopted by the appropriate agency charged with the
responsibility. The use: of private sewage disposal systems and private
water supply to serve any new development shall not be permitted unless
1) the Common Council has determined that public utilities will not be
reasonably available and private utilities will not impair the ability
to extend services in the future and 2) consultation with the Olmsted
County Health Department or County Sanitarian to determine the
appropriate lot area size necessary to support the proposed use on
private utilities. The City Engineer shall approve all plans for work
within the public right-of-way.
64.133 Required improvements are generally furnished and installed at the sole
expense of the applicant. City policy to permit the assessment of
costs or public participation may in certain instances be applicable to
a proposed project. The City Engineer should be consulted to determine
when such policies may be applicable.
64.134 Bonds or surety deposits may be required prior to commencing activity
involving the installation of public improvements, which shall be in
amounts sufficient to cover the cost of installation. Any unexpended
portion of a surety deposit shall be returned to the developer upon
satisfactory completion of the public improvements.
64.135 Maintenance of newly installed public facilities shall remain with the
developer for a period of one year from final inspection. Following
the expiration of this period, the city shall assume responsibility for
maintenance and upkeep of public facilities.
64.136 Development plans shall identify needed right-of-way or easements
locations necessary for the provision of utilities, drainage and
vehicular or pedestrian circulation within the development which meet
specified levels of service called for in adopted city plans and
policies. Easements shall be granted and right-of-way dedicated to the
public by the applicant as part of the development approval process or
through separate instrument, which shall be in a form approved by the
City Attorney.
64.137 In regards to financing street improvements, the City Engineer should
be consulted regarding current policy of the City on the sharing of
costs and right-of-way widths for major streets.
251 - November 27, 1991
64.138 Drainage easements needed for stormwater management as indicated on an
approved drainage or grading plan shall be provided. The document
ENGINEERING STANDARDS FOR PUBLIC WORKS- IN CONJUNCTION WITH THE
DEVELOPMENT OF SUBDIVISIONS. COMMERCIAL AND INDUSTRIAL PROPERTY,
available from the Rochester Public Services Department, should be
consulted for current design standards adopted by the City of
Rochester.
64.139 Utility easements required by the various public and private utilities
shall be provided. The various utility agencies and the City Engineer
should be consulted as to current policy on design and required
easement widths. Vegetation located on utility easements shall be
placed so as to not interfere with the free movement of service
vehicles; structures shall not be placed on utility easements.
64.140 ACCESS PRINCIPLES: The following guidelines will be utilized to
determine the adequacy of lot layouts so that safe and adequate access
to each lot is provided.
64.141 All lots shall be designed so that adequate physical access to a public
or private street is provided for the purposes of vehicular access,
utility hookup, and emergency vehicle access.
The purpose of regulating the amount and nature of vehicular access
points is to balance the need for providing access to individual
private properties with the need to preserve an adequate level of
capacity on the streets providing access. Vehicular access ingress and
egress restrictions from streets may be imposed by requiring
subdivision plats to identify and grant to the proper road authority
access control authority.
64.142 Curb cuts or driveway permits are required prior to the construction of
any new access point. Said permits are issued by the applicable road
authority.
64.143 For lots taking frontage on any class of local street or a frontage
road, the principle approval criteria will be to insure adequate
distance separation between driveway openings and adequate site
distance. Generally the maximum number of driveway openings permitted
for a lot taking access to a local street is two.
64.144 Along collector streets, each approved lot is granted one access point
along the collector street. It shall be the policy to permit
additional access openings where the number of access points does not
exceed 1.53 openings per 100 feet for residential uses or 1.25 openings
per 100 feet of frontage for nonresidential uses. The purpose for
limiting access openings along collector streets is recognition that
such streets provide for a variety of purposes, including not only
access to adjacent properties, but also the collection and distribution
of traffic to the major street system.
64.145 Along arterial and expressways, the road authority shall be responsible
for the approval of access points. In newly developing areas,
developments are encouraged to be laid out so that private access is
from other roadways. Accesses and street openings are generally
permitted at intervals of 1,000 feet along these streets.
64.146 The road authority may approve additional access points along
collectors, arterials or expressways where the proposed design will
result in improved safety, such as in the use of one-way accesses, or
where the site traffic has access to only one direction of traffic, or
where private access is only permitted on one side of a street.
64.147 Lots with no frontage shall utilize the access points on a full
frontage or flag lot. No relaxation -of the rules for permitted number
of access points will be justified solely on the fact that a lot with
- 252 - November 27, 1991
no frontage is taking access across such lot. Lots existing on the
effective date of thei ordinance which are subject to an access
agreement insufficient to meet ordinance requirements may be developed
provided they meet all other ordinance requirements.
64.148 When the proper Road Authority has obtained partial or complete access
control along lots of record which meet the frontage requirement of
this ordinance, access may be provided by a private easement agreement
with adjacent lot owner(s) guaranteeing perpetual access. When
applying for a zoning certificate to allow establishment of a use or
construction of a building or structures on such lot, proof of such
easement agreement shall accompany the application.
64.150 LOT GRADING PRINCIPLES: The following policies set forth general
guidelines to be followed in establishing the grading plan for a
development.
64.151 Developments shall be designed so that stormwater is managed to provide
positive drainage flow towards approved drainage facilities. Plans for
drainage facilities shall be approved by the City Engineer.
64.152 In the design of site grading plans the provision of adequate buildable
areas as well as areas for off-street parking is encouraged. The site
grading plan should also take into account the potential need for
accessory buildings and, in the case of residential developments,
required recreation area.
253 - November 27, 1991
64.200 ROADWAY AND SUBDIVISION DESIGN STANDARDS: The requirements of this
article shall be used in conjunction with the document ENGINEERING
STANDARDS FOR PUBLIC WORKS IN CONJUNCTION WITH THE DEVELOPMENT OF
SUBDIVISIONS, COMMERCIAL AND INDUSTRIAL PROPERTY to guide the design of
roadway improvements within the City of Rochester.
64.210 IMPROVEMENTS REQUIRED: Streets shall be graded to the full width of
the right-of-way in accordance with grades submitted to and approved by
the city engineer. All street grading and gravel base construction
shall be in accordance with approved plans. Grading shall be complete
prior to the installation of applicable underground utilities, and
gravel base construction undertaken after the installation of the
utilities.
64.211 Following the city engineer's approval of street grading and utility
installation, streets shall be surfaced and provided with curb and
gutter consistent with the approved plans of construction.
64.220 PUBLIC ROADWAY DESIGN STANDARDS: The following paragraphs detail the
standards established for the design of roadways within a public right-
of-way.
64.221 Roadway Widths: Reference the currently Held Valid Thoroughfare Plan
of the Rochester-Olmsted Council of Governments for the required
roadway widths. The minimum radius to curb face for the roadways in a
cul-de-sac shall be at least 40.5 feet. The roadway radius on a cul-
de-sac may be increased up to 45 feet to provide additional emergency
vehicle turning area on long curvilinear cul-de-sac stem streets where
steep grades make it difficult to back fire fighting equipment. The
minimum surface width of alleys shall be 16 feet.
64.222 Table of Design Standards: This table identifies for various classes
of streets typical design standards to be utilized as a guide for
establishing the layout of a street. Modifications to these standards
may be approved by the City Engineer under a Type I Review Procedure.
The City Engineer may require stricter design standards be applied
where it can be shown such higher standards are necessary to protect
the public safety.
- 254 - November 27, 1991
PARAGRAPH 64.222
DESIGN STANDARDS FOR VARIOUS CLASSES OF STREETS
TYPE OF STREET
ARTERIAL COLLEC.MR LOCAL
CHARACTERISTICS EXPRESSWAY MAJOR LOCAL STREET ALLEY
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Maximum Grade 6% g% 10% 10%
Maximum Grade within
50'of Intersection 3% 4% 5% 5%
Minimum Horizontal
Centerline Curve Radius 400' 250' 100' lo0'
Minimum Tangent
Between Curves 200' 100' 50' M.
Minimum Intersection
Corner Radius 20' 15' S' 5'
. E MYSMAY ARTMAL COLLECTOR MAJOR LOCAL
L r
Typical Design Speed 55 45 35 30 30 35
Minimum Stopping
Sight Distance 550' 350' 250' 200' 200' 150'
255 — November 27, 1991
64.223 Additional Roadway Design Standards: The following standards apply to
all roadway within a public right-of-way:
1) All finished street grades shall have a minimum slope of 0.4%;
2) Typical cross slope on driving lanes is 2%; 3% cross slope may be
used on driving lanes with longitudinal grades less than 0.6%;
3) Cross slopes on parking lanes shall be between 2% and 5%;
4) Maximum longitudinal grade through intersections shall be 2%;
5) Minimum longitudinal grade in the radial portion of a cul-de-sac
shall be 1%.
64.224 Intersections: Insofar as practical, streets shall intersect at an
angle of ninety (90) degrees for a minimum of fifty (50) feet from the
roadway intersection. In no case shall the angle be less than seventy
(70) degrees unless the applicant submits a special intersection design
for approval by the city engineer. Intersections having more than four
(4) corners shall be prohibited.
Proposed streets which intersect opposite sides of another street
(either existing or proposed) shall be laid out to intersect directly
opposite each other. The offset between intersections shall be a
minimum of two hundred (200) feet on through streets and as determined
by the City Traffic Engineer on major streets.
64.225 Acceleration, Deceleration and Turning Lanes: Acceleration,
deceleration, and turning lanes may be required by the Council along
existing or proposed streets when indicated as needed by a traffic
impact report or by the City Engineer. The design of such facilities
shall be based on the recommendation of the City Traffic Engineer.
64.226 Islands: When approved by the City Engineer, islands are permitted
within the roadway of a public right-of-way subject to the following
considerations:
1) Islands shall be a minimum of 75 square feet in size;
2) Islands shall be designed so as to create a natural vehicle path
within the travel lane.
3) Structures, permanent materials or plantings within the island
shall not obscure the visibility of cars entering a cross street
for a distance of 20 feet back from the curb face of the cross
street, unless a larger setback is needed due to inadequate site
distance created by horizontal or vertical curve alignment.
In designing islands consideration should be given to providing
adequate illumination and reflectorization, provision of pedestrian
and bicycle needs, provision of adequate access for adjacent
properties, and the potential of future signalization or turning
lane improvements.
64.230 DETERMINATION OF RIGHT-OF-WAY WIDTHS: The requirements of this section
are intended to provide flexibility in the determination of right-of-
way widths through the use of a formula in which all required elements
will be identified and their needs assessed, rather than specifying a
certain width for each type of street.
In certain instances where major impacts are anticipated on the
existing transportation network, a Traffic Impact Report (TIR) will be
required for the purpose of identifying what improvements will be
needed.in order to handle the expected traffic volumes.
256 - November 27, 1991
64.231 Determining Right-of-Way Width: To determine the right-of-way width
for any proposed street or alley the developer or subdivider shall
complete the following equation: W - M+T+A+S+B+F, where
W - Right-of-way width
M - Median width (needed for left turn lanes, traffic separation, and
future widening)
T - Width of Through Lanes (depends on number of lanes needed and the
width of each lane, given the design speed and character of
traffic. )
A = Width of Auxiliary Lanes (includes such items as parking lanes,
bike lanes, additional width for bus stop bays, additional width
for curb and gutter. )
S - Sidewalk Width
B - Boulevard Width (includes area for snow storage, street hardware,
utilities, and boulevard trees)
F - Future Needs (includes anticipated or planned widenings, and
frontage roads)
For guidance in the general requirements expected for each street type,
the subdivider or developer shall consult the Currently Held Valid
Thoroughfare Plan for the City of Rochester.
64.232 Where a proposed right-of-way differs substantially from the
Thoroughfare Plan guidelines, the applicant shall submit along with the
permit application the justification or reasons for the changes
requested, which will be acted upon as a design modification (see
Section 60.440 and particularly paragraph 60.444(9) ) by the City
Council during the site planning or land subdivision review.
64.233 The right-of-way width for alleys shall be at least 18 feet. The
right-of-way width for the radius of a cul-de-sac shall be adequate to
accommodate any sidewalk width and boulevard width including area for
snow storage, street hardware utilities and boulevard trees.
64.240 PRIVATE ROADWAYS: Private roadways or streets developed as part of a
subdivision, performance residential development, or integrated
commercial, industrial, multifamily residential or institutional
development, shall be of adequate width to serve anticipated traffic
and proposed parking conditions, and shall be designed for the safe
operation of vehicles on the roadway. Documents to assure private
responsibility of future maintenance and repair shall be approved as to
form and content by the City of Rochester.
64.250 STREET CLASSIFICATION: Classification of an existing or proposed
street not already identified on the Thoroughfare Plan, for the purpose
of determining the appropriate design of a roadway or development, or
for the purpose of determining the appropriateness of a location for a
proposed use, shall be done by the Zoning Administrator in consultation
with the City Traffic Engineer.
64.251 Classification Factors: In determining the classification of a street,
factors to be considered include the following existing or proposed
features:
1) Facility Geometrics, including the number and width of traffic
lanes, turning lanes, and parking lanes.
2) Access Conditions, including any restrictions on access, the
spacing of private accesses, and average lot frontages.
257 - November 27, 1991
3) Traffic Characteristics, including ADT, percentage of trucks,
average operating speed, percentage of turning movements, origin-
destination characteristics of the traffic, and peak hour
characteristics of traffic.
4) Adjacent Land Uses.
Utilizing this information in conjunction with the Thoroughfare Plan
Map and the narrative descriptions for each roadway classification
provided in the Thoroughfare Plan Document, the Zoning Administrator
shall determine which of the Thoroughfare Plan designations apply to
the street under consideration.
64.260 QUADRANT STREET SYSTEM: The numerical quadrant system is hereby
adopted as the primary basis for identifying all public streets within
the city, including without limitation public streets created by plat,
deed, easement, or user. Names may be used when the street alignment
does not permit the use of numbers. In that case names may be selected
in accordance with an established neighborhood theme.
64.261 City Divided Into Quadrants: For the purpose of street identification
the city is divided into four quadrants of NW, SW, SE, and NE, which
shall be used in conjunction with a street number or name. The north-
south line forming these quadrants extends along the centerline of U.S.
63 from the south to its intersection with the centerline of the Zumbro
River at the west end of Silver Lake and then northerly along the
centerline of the Zumbro River. The east-west line forming these
quadrants extends along the centerline of West Center Street extended
west to its intersection with the centerline of County State Aid
Highway No. 34 (Second Street SW or formerly U.S. T.H. No. 14) and
continuing west along the centerline of said highway; and east along
the centerline of East Center Street extended to its intersection with
the centerline of County State Aid Highway No. 9, then east along the
centerline of said highway.
64.262 Designation of Public Streets: Streets may be designated according to
the terms defined in this section:
1) Avenue means a street aligned in a north and south direction and
generally designated by a number.
2) Boulevard means a street divided by a landscaped center island and
generally designated by a name.
3) Circle means a street forming a closed loop and generally
designated by a name.
4) Court means a street having a horseshoe shape and generally
designated by one name throughout its entire length.
5) Drive means a curvilinear street of more than 1,000 feet in length
and generally designated by a name.
6) Lane means an uninterrupted street ending in a cul-de-sac and
generally designated by a name.
7) Parkway means a special scenic route or park drive generally
designated by a name.
8) Place means a short curvilinear or diagonal street generally
designated by a name.
9) Road means a diagonal street more than 1,000 feet in length and
generally designated by a name.
258 - November 27, 1991
10) Street means a street aligned in an east-west direction and
generally designated by a number.
64.263 Administration: It shall be the responsibility of the city engineer in
cooperation with the planning director to administer the street
identification system. The city engineer shall examine the street
number or names on all proposed plats and submit a recommendation to
the council. The city engineer shall also from time to time examine
the identification of existing public streets and recommend to the
council such changes as deemed necessary in futherance of the city
street identification system.
64.270 SUBDIVISION NAME: The proposed name of a subdivision shall be approved
by the Planning Department and shall not use a word which is the same
as, similar to, or pronounced the same as a word in the name of any
other subdivision in the City except for the words "court", "addition",
"place", "heights", "hills", and similar words, unless the land platted
is contiguous to and platted by the same applicant that platted the
existing subdivision bearing the name, or the applicant has obtained
the written consent of the party who platted the subdivision bearing
that name, or the Planning Department requires the use of the same name
for purposes of clear identification.
_ 259 _ November 27, 1991
64.300 SITE ALTERATION POLICIES: Drainage and grading plans shall be designed
to satisfy the policies of this article regarding stormwater runoff,
erosion and sedimentation control, wetlands and hillside development.
The Zoning Administrator shall refer to the City Engineer for
consideration, review and in some cases approval if necessary all plans
and specification provided to meet the policies for site alterations.
Plans and specifications may also be provided by the Zoning
Administrator to the Olmsted County Soil and Water Conservation
District requesting review and comments on the adequacy of the plans
and their recommendations may be used by the Zoning Administrator in
the final determination of permit issuance.
64.310 STORMWATER RUNOFF: Increases in runoff from the 10 year and 100 year
frequency storms due to development shall be detained within the
development and released at a rate no greater than existed prior to the
development unless otherwise permitted by the City Engineer. Storm
sewers are normally designed for a 10 year frequency storm, however;
sewers designed to a greater frequency storm may be considered where
safer overland flow routes to requiring waters or collector systems are
provided. Greater runoffs may be permitted if downstream facilities
are adequate for the conveyance or if the development is adjacent to a
receiving body of water such as a lake or river.
64.311 The use of overland drainage and retention as an integral part of the
control of stormwater runoff is encouraged for the benefits it provides
in groundwater recharge and lowered long-term maintenance costs.
64.312 No fences or structures shall be constructed across an open drainage
channel which will reduce or restrict the flow of water.
64.320 EROSION CONTROL: Grading Permits shall address the manner in which
soil erosion and sedimentation will be minimized during construction
and following final completion of a development. The areas to be
addressed include erodable slopes, streambanks and shorelines,
drainageways, borrow and stockpile areas, and drainage structures.
64.321 Erosion Control Policies: The plans for erosion and sedimentation
control shall demonstrate conformance with the following principles:
1) The smallest practical area of land shall be exposed at any given
time during development.
2) The duration of exposure shall be kept to as short a time as
possible.
3) If practical, temporary vegetation, mulching or other cover should
be used to protect areas exposed during development.
4) Final plant covering or permanent surface treatment shall be
installed as soon as possible.
5) Measures shall be planned so as to prevent erosion of and
sedimentation onto adjacent properties.
64.322 Material excavated from or to be used as fill on any lot under
development shall not be stockpiled or deposited on any public right-
of-way.
64.330 HILLSIDE DEVELOPMENT: Efforts to revegetate or screen permanent
exposed slopes created by any new development shall be encouraged to
enhance the character of development and provide visual and aesthetic
benefit to the community. Where the use of seeding, sodding or other
ground cover treatment cannot be expected to produce a growth cover,
the use of vines or other plant materials to screen the slope should be
utilized.
260 - November 27, 1991
64.340 WETLANDS: Stormwater Runoff from a construction site directed to a
wetland shall be substantially free of silt and debris and shall be
discharged at a rate which will not disturb vegetation or increase
turbidity.
261 - November 27, 1991
64.400 PARKLAND DEDICATION: The common council finds that as the city
continues to increase in population and in land area, available
financial resources to purchase and develop lands for neighborhood park
purposes from sources other than the general tax levy city have
diminished. Appropriate municipal planning and control is needed to
ensure that lands suitable for economical neighborhood park development
are identified and preserved for public use during the land subdivision
and development process and not developed for other purposes. The
provisions by the city of adequate neighborhood park facilities in
newly developed residential areas to serve the recreational needs of
the residents of these areas, is an important factor in the maintenance
of a high quality of life in the city; and contributes to the health
and safety of citizens, especially those who are children. It is
therefore in the best interest of all of the citizens of the city to
ensure that when new residential development is hereinafter created or
make possible by subdivision of lands, that adequate measures are
provided in the subdivision process to permit the city to identify land
suitable for development as new neighborhood park facilities, and to
obtain and develop such lands for the use of the public at a reasonable
cost.
64.410 PURPOSE: The provisions of this ordinance are intended by the city to
be an exercise of the authority granted pursuant to Section 462.358,
subd. 2(b) of the Minnesota Statutes to require that a reasonable
portion of any proposed subdivision of residential lands within the
city be dedicated to the public or preserved as neighborhood parks,
playgrounds, or open space; or that a reasonable cash payment be
received from the subdivider in lieu thereof in order to facilitate
development of similar facilities.
64.420 SCOPE: The provisions .of this ordinance shall apply to a person
who applies, pursuant to this chapter, for a subdivision of lands that
are classified pursuant to this code as being located in a residential
zoning district; or, for a subdivision of lands that are classified as
being in a nonresidence district at the time of such application, but
are intended to be developed following their subdivision in a manner
requiring their designation as a residential zoning district.
64.430 NEIGHBORHOOD PARK DEFINED: For purposes of this ordinance, the term
"neighborhood park" shall mean a public recreation facility, from four
(4) to ten (10) acres in gross area, designed to give residents of
nearby residential areas the opportunity for the enjoyment of open
space, and which may also provide for the use of the residents
playground equipment, picnic areas, and areas suitable for use as ball
fields, tennis and basketball courts, and skating rinks, but not
including lighted baseball or softball diamonds.
64.440 AMOUNT OF LAND REQUIRED TO BE DEDICATED; MINIMUM QUANTITY: A person
requesting a subdivision of lands under Section 61.220 shall be
required, as a precondition of approval of said subdivision request, to
dedicate to the use of the public for neighborhood park purposes, the
minimum amount of the total gross land area of the parcel subdivided as
set forth in the following table, according to the density of the
future residential development permitted or proposed on said parcel
following it's subdivision:
Proposed Dwelling Unit Density Land Dedication Rewired
0 - 1.9 units per acre Six (6) percent
2.0 - 4.0 units per acre Ten (10) percent
4.1 - 5.9 units per acre Twelve (12) percent
6.0 - 11.9 units per acre Fourteen (14) percent
12.0 units and greater Sixteen (16) percent
64.441 Minimum Standards of Land Dedicated, General Requirements: At least
fifty (50) percent of the gross area of the land required to be
262 - November 27, 1991
edicated pursuant to Section 64.440 shall have a natural slope of four
(percent) or less, be largely clear of forest vegetation, and shall not
be located in an existing watercourse, drainage easement or water
ponding area. In addition, that portion of the land must have a cover
Of six (6) inches or more of topsoil suitable for the seeding and
cultivation of grass.
64.442 If land proposed to be dedicated has a natural slope in excess of that
required by subdivision 1, but may be engineered to provide for a slope
that meet the requirements imposed therein, the common council may,
upon the favorable recommendation of the superintendent of the Park and
Recreation Department, permit such land to be dedicated to satisfy the
requirements of Section 64.440.
64.443 Certain Activity Forbidden: Following dedication of lands as provided
herein, no person shall remove trees, vegetation or topsoil therefrom,
nor shall the lands be used for the purpose of stockpiling of earth or
construction material, or disposal of construction debris, without the
written consent of the superintendent of the department of park and
recreation.
64.450 MARKETABILITY OF TITLE: Prior to such dedication, a person proposing
to subdivide the land shall deliver to the city attorney for
examination an up to date abstract of title or registered property
certificate for examination, or a title opinion by a person licensed to
practice law in Minnesota. If the examination of title by the city
attorney, or the title opinion indicates that title is not marketable,
no subdivision of the land shall occur until such steps are taken by
the subdivider to permit marketable title, subject to the exceptions
set forth in paragraph 64.443, to be conveyed to the City by dedication
upon the lands, subdivision or by a subsequent separate conveyance.
64.451 Exceptions: The title to lands proposed to be subdivided shall not be
deemed unmarketable pursuant to this section by virtue of the fact that
a mortgage or other equitable interest in the lands is held by a person
other than the subdivider; or that the lands are subject to the lien of
a special assessment. Provided, that any conveyance or other act of
the subdivider which thereafter conveys to the city title to the lands
dedicated shall be free and clear of any such equitable interest or
mortgage.
64.452 Special Assessments; Real Estate Taxes. The city shall be responsible
for the payment of any special assessments levied on the lands
dedicated pursuant to this section. Payment of real estate taxes
payable on the land dedicated in the year of dedication shall be
prorated between the city and the person subdividing the property.
64.460 CASH PAYMENT IN LIEU OF' LAND DEDICATION: If in the judgment of the
common council the quantity of land to be subdivided is of a size or
configuration that dedication of a portion thereof is not feasible or
practical, or will not create a parcel suitable for neighborhood park
development; or, the land is adjacent or readily accessible to already
existing public park and recreation facilities, or publicly maintained
open space; the requirement of dedication imposed by 64.440 of this to
ordinance may be satisfied by a payment of cash by the subdivider
the city, within one year of the approval of the subdivision of the
lands, in an amount equivalent to the fair market value of land which
would otherwise required to be dedicated. The calculation of the
amount of the cash payment required shall be computed on the following
basis. The common council shall determine the fair market value per
acre of the undeveloped residential land proposed to be subdivided at
the time the subdivision is proposed, giving due consideration to the
value to be assigned to the land by the county assessor following it's
subdivision. The payment in dollars required shall then be computed by
multiplying the value per acre of land by the number of acres of gross
area in the parcel to be subdivided, and that product by one of the
263 - November 27, 1991
following factors, depending on the density of dwelling units proposed
to be developed thereon:
Proposed Dwelling Unit Density Factor
0 - 1.9 units per acre 0.06
2.0 - 4.0 units per acre 0.10
4.1 - 5.9 units per acre 0.12
6.0 - 11.9 units per acre 0.14
12.0 units and greater 0.16
64.461 Funds Established: All payments collected pursuant to subdivision 1 of
this section shall be placed in the appropriate neighborhood park
acquisition and development fund established for the quadrant of the
city where the lands subdivided are located, and may only disbursed for
purposes consistent with the acquisition and development of
neighborhood parks in that quadrant, as the common council may from
time to time direct. For purposes of administration of this ordinance
and this section, the city shall be divided into four quadrants,
northwest, northeast, southeast, and southwest. The northwest quadrant
shall contain all the lands of the city lying north of the alignment of
West Center extended to the westerly municipal limits, and west of
Trunk Highway 63. The northeast quadrant shall contain all of the
lands of the city lying east of Trunk Highway 63, and north of the
alignment of East Center Street extended to the easterly municipal
limits. The southeast quadrant shall contain all of the lands of the
city lying east of Trunk Highway 63, and south of the alignment of East
Center Street extended to the easterly municipal limits. The southwest
quadrant shall contain all those lands of the city not otherwise
contained in the other quadrants.
64.470 This ordinance shall be effective from and after its publication, and
shall apply to any subdivision request that is given final approval
after January 1, 1990. In the event that a landowner, within two years
prior to the effective date of this ordinance, has already dedicated
lands to the city meeting the standards set forth in this ordinance for
park purposes, or made available to the city, at a price less than fair
market value, land for that purpose, the common council may permit the
owner to apply the lands previously dedicated or sold to be applied as
a credit against any requirements imposed by this ordinance. Provided,
that said credit shall be available with respect to lands sold, only to
the extend of the reduction in fair market value. Provided further,
that said credit shall only apply with respect to lands required to be
dedicated in the same quadrant of the city as the lands originally
dedicated or sold for less than fair market value.
- 264 - November 27, 1991
Section 6. Chapter 65 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 65
NONCONFORMITIES
65.100 INTENT: It is the purpose of this chapter to provide for the
regulation of uses, buildings, structures or lots which lawfully
existed prior to the effective date of this ordinance but which fail to
comply with one or more of the applicable regulations or standards
established by this ordinance or subsequent amendment of this
ordinance, or which have been rendered nonconforming due to
circumstances which were not self-created. It is the intent of these
regulations to specify those circumstances and conditions under which
such nonconformities shall be permitted to continue. It is consistent
with the purposes of the ordinance that those nonconformities which
adversely affect orderly development and the value of nearby property
not be permitted to continue without restriction.
The basic policy of this chapter is to allow the continuation of any
nonconformity and the normal maintenance and repair thereof, and to
encourage their move toward conformity when the opportunity arises
through discontinuance or destruction. In certain cases
nonconformities may be permitted to be upgraded when it can be shown
that such action will not be harmful and will be beneficial to the
surrounding properties, the neighborhood, or the community; and that
the goals of local plans will not be impeded by the continuation of the
nonconformity.
65.110 DEFINITIONS: For the purposes of this chapter, the following
definitions are established:
Nonconforming Appearance: 1) Any nonconforming use or 2) any
conforming use located on a lot which is zoned nonresidential; which
abuts a lot in a residential district, which existed at the time this
ordinance was adopted and which does not meet the bufferyard
regulations of this ordinance.
Nonconforming Lot of Record: Any validly recorded lot existing at the
time this ordinance was adopted which does not comply with the minimum
lot area or frontage requirements of the district in which it is
located.
Nonconforming Parking: Any development which does not provide the
number of off-street parking spaces which would be required by this
ordinance for a new development of the same type.
Nonconforming Sign: Any sign established prior to the effective date
of this ordinance or subsequent amendment to it which is not in full
compliance with the regulations herein.
Nonconforming Structure: A structure which does not comply with the
height, setback, density or floor area ratio requirements of the
district in which it is located. Included in this definition are
structures that do no comply with the flood proofing and elevation
regulations of the flood plain overlay districts.
Nonconforming Use: An activity using land or structures which would
not be permitted to be established as a new use in the zone in which it
is located by the regulations of this ordinance, except for one family
dwellings in the R-3 and R-4 districts in existence on the effective
date of this ordinance which can continue subject to the original
regulations under which they were developed.
- 265 - November 27, 1991
65.120 AUTHORITY TO CONTINUE: Except as otherwise provided for in this
chapter, any nonconforming use, structure, lot of record, sign or
appearance or parking existing on the effective date of this ordinance
or subsequent amendment thereto may be continued so long as it remains
otherwise lawful. All nonconformities shall be encouraged to convert
to conformity whenever possible.
65.130 MAINTENANCE AND REPAIR OF NONCONFORMITY: The maintenance and minor
repair of a nonconforming use or nonconforming structure is permitted
subject to the issuance of a zoning certificate by the zoning
administrator. Maintenance and minor repairs means repairs in annual
amounts up to 15 percent of the County Assessor's Market Value of the
structure that are necessary to maintain and to correct any damage or
deterioration to the structural members of a building, such as the
bearing walls, beams, or girders, rafter, or joists. Other repairs are
permitted without limitation on the value of the work completed.
Notwithstanding the 15 percent limitation, repairs which are required
to strengthen or restore to safe condition any building or part thereof
declared to be unsafe by any official charged with protecting the
public safety shall be allowed. Maintenance and repair of other types
of nonconformities are not subject to the limitations herein.
65.140 BRINGING A NONCONFORMITY INTO COMPLIANCE: The owner of a nonconformity
may bring it into compliance by securing any permit or approval which
would have been required for the initial development of the property.
65.150 TRANSITIONAL DEVELOPMENT: Developments approved under the regulations
of Section 62.730 (Transitional Development) authorizing the use of
structures of land for uses 'not normally permitted in the applicable
zoning district shall not be classified as nonconformities as long as
they meet the requirements applicable to transitional uses.
65.160 LANDSCAPE AREA APPEARANCE AND STANDARDS: Developments existing on the
effective date of this ordinance which do not meet Landscaped Area or
Appearance Control requirements are not considered nonconforming.
However, alterations or changes to such developments shall not further
reduce the current level of compliance with appearance related
requirements, unless approval through the Type II Review Procedure is
obtained. In reviewing such a request, the Zoning Administrator shall
find that the reduction in landscape area or level of appearance will
have no adverse impact on surrounding properties.
65.200 NONCONFORMING LOTS OF RECORD: Any nonconforming lot of record may be
used for any principal use permitted in the zone in which the lot is
located, provided that all other requirements of the ordinance are met.
Any conforming use of a conforming structure may be enlarged, extended,
altered, or moved so long as it remains in compliance with the other
requirements of this ordinance.
65.300 NONCONFORMING USES: GENERAL POLICY: No nonconforming use of a parcel
of land or a structure shall be enlarged, increased, or extended to
occupy a greater area than was occupied on the effective date of this
ordinance except as provided herein.
65.310 NONCONFORMING USES: Permitted Modifications: The following
modifications to a nonconforming use may be permitted subject to
approval through the identified procedure:
1) The addition or expansion of nonstructural off-street parking
facilities to serve an existing nonconforming use of land in order
to relieve on-street parking or loading pressures caused by the
development may be permitted through the Type II review procedure.
2) The establishment of nuisance abatement measures such as fences,
screening, landscaping, drainage controls, or the permanent all
266 - November 27, 1991
weather surfacing of yards or parking areas may be permitted
through the Type I review procedure;
3) The addition of security features such as lighting and temporary
buildings that would reduce security risks to the general area or
to the nonconforming use may be permitted through the Type I review
procedure.
65.320 NONCONFORMING USES: EXPANSION: Nonconforming commercial, industrial
or institutional uses in any nonresidential district, and nonconforming
residential uses in any residential zoning district may be modified in
certain situations subject to approval through the Type III review
procedure, utilizing a Phase III hearing process. In acting on an
application for. modifying a nonconforming use, the Commission and
Council shall use the criteria contained in paragraph 65.330 to compare
the impact of the proposed change against the existing development. A
proposal where the Commission finds significant injurious impact should
be denied or approved with conditions which will mitigate the impact of
the proposal.
Potential modifications which the Commission may consider to include:
1) Rebuilding, remodeling or general maintenance improvements to a
nonconforming use of a structure that is in excess of the 15
percent annual limitation found in paragraph 65.130;
2) Rebuilding of a structure devoted to a nonconforming use if
destroyed to an extend greater than 50 percent of the replacement
value of the structure;
3) Expanding a nonconforming use of structure to a portion of the
structure not manifestly arranged or designed for such use at the
time the use became nonconforming. Such expansion shall not
increase the intensity of use (i.e., increasing the number of
residential units or increasing amount of nonresidential floor area
devoted to the public).
4) The addition of new principal buildings or accessory structures on
the same parcel of land occupied or under the same ownership on the
effective date that the use became nonconforming. The new
structures added must be for such purpose that if not associated
with the nonconforming use they would be permitted by the zoning
district on the property. The applicant must show that the
intensity of use will not substantially increase over the current
level of activity with the addition of the new structures.
65.330 CHANGE IN USE: Any nonconforming use of land or structure may be
changed to another nonconforming use of the same nature or less
intensive nature if no structural alterations are involved and if it is
found that the relation of the structure and proposed use to
surrounding property is such that adverse effects on occupants and
neighboring property will not be greater than if the original
nonconforming use continued. Approval for such a change shall be
processed through the Type III review procedure, with a Phase III
hearing process utilized and the factors that shall be weighted in
making the determination on the permit shall include:
1) The character and history of the use and of development in the
surrounding area.
2) The comparable degree of noise, vibration, dust, odor, fumes, glare
or smoke detectable► at the property line.
3) The comparative numbers and kinds of vehicular trips to the site.
- 267 - November 27, 1991
4 The comparative amount and nature of outside storage, loading, and
P g . 9.
parking.
5) The comparative visual appearance.
6) The comparative hours of operation.
7) The comparative effect on existing vegetation.
8) The comparative effect on water drainage.
9) Other factors which tent to reduce conflicts of incompatibility
with the character or needs of the area.
65.340 TERMINATION OF NONCONFORMING USES: A nonconforming use of land or
structure shall be terminated if it has been discontinued for any
reason (except where governmental action impeded access to the
premises) for a period of 365 calendar days or more. A nonconforming
use may be resumed or reestablished without limitation as long as the
period of discontinuance has not exceeded 365 calendar days.
Nonconforming commercial, industrial, or institutional uses located in
a nonresidential district which have been discontinued for a period of
365 days or more may be resumed or reestablished or changed to another
nonconforming use irregardless of the length of discontinuance upon
approval through the Type III review procedure, utilizing a Phase I
hearing process, with the Council as the designated hearing body, and
subject to the findings contained in 65.330.
Where a structure housing a nonconforming use has been damaged to an
extent greater than 50 percent of the County Assessor's Market Value of
the structure, the nonconforming use shall be -terminated, unless
approval to rebuild is obtained under paragraph 65.320 (2). Where the
structure is damaged to an extent less than 50 percent of the County
Assessor's Market Value, the use may be reestablished within three
years from the date of the damage.
65.350 RESTORATION OF COMMERCIAL BUILDINGS IN R-DISTRICTS: Buildings in an R-
1 or R-2 District housing any of the uses listed in Paragraph 62.761
which have been damaged to any extent may be reestablished to original
condition if said restoration began within 12 months from the date the
damage occurred. If the building were utilized for any other type of
use or restoration begins after 12 months, approval to rebuild shall be
obtained under the procedure referenced to by paragraph 65.320 (2) .
65.360 NONCONFORMING USE CREATED BY FLOOD DISTRICT REGULATIONS: The
modification, expansion or termination of a nonconforming use created
by Flood District regulations, where the structure is conforming, is
subject to the same regulation as other nonconforming use with the
additional requirement that any expansion, modification or
reconstruction shall not increase the flood damage potential of the use
or structure an, if located in a floodway, shall not increase the
degree of obstruction to the flood flow.
65.400 NONCONFORMING STRUCTURE: A nonconforming structure may be used for
occupancy by any use permitted in the applicable zoning district or any
nonconforming use occupying the structure on the effective date of the
ordinance.
65.410 ENLARGEMENT OR ALTERATION: A nonconforming structure shall not be
enlarged or altered in any way which increases its nonconformity except
under 65.440(3) .
65.420 RECONSTRUCTION OF A NONCONFORMING STRUCTURE: A nonconforming structure
which has been damaged or destroyed to an extent not exceeding 50
percent of its replacement cost (including labor and materials) may be
268 - November 27, 1991
restored to its original. condition if said restoration begins within 12
months from the date the damage occurred. Should said restoration not
begin within this time period, any subsequent work done to the
structure shall be in conformance with the ordinance, unless approval
through the Type III review procedure, utilizing a Phase I hearing
process, with the Commission as the designated hearing body, is
obtained to allow reconstruction in a manner which would not increase
the nonconformity of the structure.
65.430 TERMINATION OF A NONCONFORMING STRUCTURE: When a nonconforming
structure has been damaged or destroyed to an extend exceeding 50
percent of it current replacement cost (including materials and labor),
the structure shall not be rebuilt except in conformity with the
provisions of this ordinance. (See paragraph 65.350 for modification
to this requirement for certain buildings in the R-1 and R-2 District).
65.440 NONCONFORMING STRUCTURED CREATED BY FLOOD DISTRICT REGULATION: A
nonconforming structure created by flood district regulations may be
continued in the same manner as other nonconforming structures subject
to the following additional standards:
1) Whenever any alteration, addition or repair to a nonconforming
structure exceeds 50 percent of it■ current market value as
determined from the records of the Olmsted County Assessor, the
entire structure shall be made to conform to all applicable flood
plain regulations. (This requirement shall also apply at such time
the cumulative effect of all additions, alterations or major
repairs since the date the structure became nonconforming exceed 50
percent of the current market value).
2) The alteration, addition or repair to a nonconforming structure,
when the value of such work does not exceed 50 percent of its
current market value as determined from the records of the Olmsted
County Assessor, shall not increase the flood damage potential of
the use or structure, and, if located in the floodway, shall not
increase the degree of obstruction to the flood flow.
3) The minor alteration, addition or repair to any nonconforming
structure, which does not contribute to the increased intensity of
use within the structure, and which does not exceed ten (10%)
percent of the current market value of the structure as determined
from the records of the Olmsted County Assessor, need not conform
with the applicable flood plain regulations if in the opinion of
the zoning administrator the increase in flood damage potential is
minor.
65.500 NONCONFORMING SIGNS: Whenever any nonconforming sign, or part thereof,
is altered, replaced, converted, or changed, the entire sign must be
brought into compliance with the provisions of this ordinance. No such
sign shall be moved in whole or part to any other location where it
would remain nonconforming. The maintenance and minor repair of such
signs, however, is permitted.
65.510 TERMINATION OF NONCONFORMING SIGNS: The termination of a nonconforming
sign shall be required in the following situations:
1) Termination by Abandonment: Any nonconforming sign, the use of
which has been discontinued for a period of 180 days consecutive
calendar days, regardless of any intent to resume or not t abandon
such use, shall be presumed to be abandoned and shall not
thereafter be reestablished except in full compliance with this
ordinance.
2) Termination by Damage or Destruction: Any nonconforming sign
damaged or destroyed by any means, to the extent of 33 percent of
it replacement cost new, shall be terminated.
_ 269 _ November 27, 1991
65.600 NONCONFORMING PARKING: The maintenance, repair and alterations of a
use with nonconforming parking in such a manner so as not to increase
the need for off-street parking is permitted without limitation subject
only to the other applicable requirements of this ordinance.
Alteration, addition or expansion which results in an increased need
for off-street parking shall provide additional parking according to
the following guidelines:
1) Where the modifications result in an increase in the applicable
unit of measurement (dwelling unit, floor area, capacity, number of
seats, etc.) which is 50 percent or less of the original total,
additional parking shall be required only for this new or modified
part of the development.
2) Where the modifications result in an increase in the applicable
unit of measurement which is over 50 percent of the original total,
sufficient off-street parking shall be provided to bring the entire
development into conformance with the requirements of this
ordinance.
65.700 NONCONFORMING APPEARANCE: Whenever any nonconforming use or conforming
nonresidential use on a lot abutting a residential zoning district is
expanded, or is reconstructed or restored after damage exceeding 50
percent of the County Assessor's Market Value for the structure, or a
nonconforming use is proposed for reestablishment after 180 calendar
days of discontinuance, or a change of use to a use with a higher
bufferyard indicator is proposed for the property, such development
shall, to the extent practical, provide the bufferyards required by
this ordinance.
65.720 ALTERNATIVE BUFFERYARDS: Alternative bufferyards may be approved by
the Zoning Administrator, where, due to existing structure placement,
lot dimensions, or other improvements, it is not possible to provide
the bufferyard required by this ordinance, according to the following
rules:
1) If the applicant's land is able to provide 60 percent or more of
the land, then that shall be provided along with all required
structures and a percentage of plant material equal to that of the
land area provided.
2) If the applicants parcel is not able to provide 60 percent or more
of the land required for the bufferyard, but the adjacent landowner
agrees to an arrangement whereby 60 percent of the required land
can be provided jointly by the applicant and the adjacent owner,
the applicant shall:
a) Where no structures are required, provide 100 percent of the
plant material.
b) Where a structure is required, provide the next most intensive
structure along the 60 percent of the required plant material.
3) If the applicant is unable to comply with either of the above
conditions, the minimum acceptable bufferyard as specified in
paragraph 65.720 shall be provided.
- 270 - November 27, 1991
65.720 MINIMUM ACCEPTABLE BUFFERYARDS: The following table describes the
minimum acceptable requirement for each class of bufferyard.
PARAGRAPH:65.320
TABI.fi OF MII�JIIiUM ACCBPTHi.S BUFFBRT!►RDS
. . are 100'of disdaoe '>.
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.: PLAN'TIN(33 PhJ12i'TQ1QS. ;, <,
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�� •B RA NONE
1 1 • •
C RA 2
• • • NONE
D 2' • 2 • • 34 NONE
E RA 3 • • • • F2
F RA 4 • • • • F2
2 8 3 • F2
g s 1 2 8 6 • F2
2 81 9 • F3
J 12' 1 3 81 12 • F3
K Y0• 2 4 12 18 • F3
NOTES.::
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271 — November 27, 1991
Section 7. Chapter 66 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
CHAPTER 66
INTERIM ORDINANCES
66.100 PORTABLE SIGNS: Pursuant to Minnesota Statutes, Chapter 462, the
Rochester Common Council has adopted the following ordinance:
1) Portable or free standing changeable message signs, defined in
63.222(b) (5,6), are not permitted in any zoning district. However,
portable or free standing changeable message signs may be permitted
when authorized by a non-renewable permit for a period not to
exceed seven days.
66.101 This ordinance is effective for one year following the publication date
of February 1, 1991, or until rescinded by the Common Council. The
City reserves the right to extend the interim ordinance for such
additional periods as may be appropriate, not to exceed a total
additional period of 18 months.
66.200 OUTDOOR COMMERCIAL ADVERTISING SIGNS:
1) The purpose of this ordinance is to protect the health, safety, and
welfare of the citizens.
2) The Council is concerned about the property use of outdoor
commercial advertising signs and the ultimate development of the
City.
3) The City has authorized a study by the City Administrator's Office,
the City Attorney's Office, and the Department of Planning and
Housing for the purpose of amendment or adoption of official
controls relating to outdoor advertising signs and attendant
conditions appropriate for conditional use permits.
4) Minnesota Statutes, Section 462.355, Subd. 4, authorizes the City
to adopt interim zoning ordinances applicable to all or part of the
City for the purpose of protecting the health, safety, and welfare
of its citizens, which ordinance may regulate, restrict or prohibit
any use or development within the City for a maximum period not to
exceed on year, with a possible extension up to an additional
period of 18 months.
5) It is hereby found and determined that it is in the best interest
of the sound, aesthetic and efficient development of the City as a
whole, that the authority granted by the above-mentioned Minnesota
Statute be used by the City with reference to the City as a whole.
6) The City hereby prohibits the processing, approval or issuance of
any conditional use permit, building permit or other permit in
connection with the placement, erection and maintenance of
advertising signs as defined in Rochester Code of Ordinances,
Article 60.200, until April 15, 1992, or such sooner time as the
City may determine. (The City reserves the right to extend the
interim ordinance for such additional periods as may be
appropriate, not to exceed a total additional period of 18 months. )
Section 8. REPEAL. Chapter 31 of the Rochester Code of Ordinances and
Ordinance Numbers 1659, 2299, 2305, 2312, 2316, 2317, 2319, 2322, 2323, 2327,
2345,- 2346, 2355, 2356, 2357, 2359, 2360, 2365, 2366, 2375, 2377, 2379, 2380,
2381. 2389, 2390, 2391, 2393, 2394, 2395, 2397, 2398, 2403, 2404, 2405, 2407,
2408, 2411, 2414, 2415, 2416, 2417, 2419, 2421, 2423, 2429, 2433, 2434, 2435,
2436, 2440, 2443, 2444, 2446, 2447, 2451, 2463, 2466, 2470, 2472, 2478, 2483,
2494, 2495, 2497, 2498, 2499, 2506, 2507, 2515, 2516, 2517, 2520, 2521, 2522,
- 272 - November 27, 1991
2524, 2525, 2526, 2530, 2534 2538, 2539, 2545, 2547, 2555, 2557, 2562,
2565, 2567, 2571, 2572, 2575, 2578, 2583 , 2596, 2598, 2600, 2602, 2607,
2609, 2614, 2618, 2627, 2628, 2629, 2641, 2642, 2645, 2651, 2660, 2669,
2670, 2676, 2677, 2683, 2684, 2688, 2703 , 2706, 2707, 2709, 2711, 2720,
2727, 2872, 2987, 1681, 1694, 1699, 1708, 1719, 1794, 1795, 1805, 1819,
1823 , 1824, 1846, 1847, 1860, 1909, 1945, 1994, 2004, 2014, 2118, 2130,
2131, 2136, 2137, 2165, 2181, 2182, 2204, 2206, 2244, 2245, 2298, 2512,
2568, 2590, 2610, 2625, 2655, 2657, 2678, 2694, 2699, 2701, 2704, 2706,
2722, 2728, 2741, 2748, 2753, 2754, 2757, 2758, 2761, 2762, are hereby
repealed.
Section 9. Effective Date. This ordinance shall take effect and
be in force on January 1, 1992, or the day of its publication, whichever
is later.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF 1991.
a4A- , -,�4
P ESIDENT OF SAID CO ON COUNCIL
ATTEST: � � � •..�_ -� �--.'�
CITY CLERK
APPROVED THIS DAY OF , 1991.
MAYOR OF SAID CIT
(Seal of the City of __)
Rochester, Minnesota)
State of Minnesota
County of Olmsted
Sandra L SPveraon , being duly sworn, on oath says that he/she is
the publisher or authorized agent and employee of the publisher of the
newspaper known as the Post-Bulletin, and has fullknowledge of the facts
which are stated below:
The newspaper has complied with all of the requirements constituting
qualification as a legal newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable laws, as amended.
The printed ordinance which is attached was cut from the columns of
said newspaper, and was printed and published one time- for one week on
Saturday, December 28,1991
/s Sandra L. Severson
Business Manager. ., "
Subscribed and sworn to before me this 28th day of December, 1991.
/s Marlene Nelson
Notary-Public, Olmsted County
My commission expires .March 9,1995-