HomeMy WebLinkAboutOrdinance No. 4374 (b) Second Reading: Ordinance Amendment Relating to R2X Zoning
ORDINANCE NO. ____
AN ORDINANCE ADDING SECTIONS 62.233, 62.234, 62.235, AND AMENDING SECTIONS 60.200, 60.310,
60.320, 60.605, 61.220, 62.126, 62.140, 62.260, 62.263, 62.264, 62.273, 62.284, 63.137, 63.264, 63.265,
63.441, 63.426, 62.933, and 62.936, AND DELETING AND REPLACING SECTION 62.278, OF THE
ROCHESTER CODE OF ORDINANCES, RELATING TO R2X ZONING.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Sections 62.233, 62.234 and 62.235 are hereby added as follows:
62.233 R-2X LOW DENSITY RESIDENTIAL EXTRA DISTRICT
This article lists the standards applicable to uses allowed in the R-2X, Low Density Residential Extra District. \[See Map on Exhibit A\].
62.234 R-2X GENERAL ZONING DISTRICT STANDARDS
The following table identifies the general zoning district standards applying to uses in the R-2X Zoning District.
COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will
be found.
The Row labeled NOTES identifies additional paragraphs in the ordinance that apply 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
CATEGORY List of Use Applicable Additional DENSITY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted REQUIRED
OF Permitted Type Detailed Regulations Lot Size (L) % of % of Maximum OFF-STREET
STANDARDS Uses Regulations or Landscape Recreation Height (in PARKING
TYPE I – TYPE II – TYPE III TYPE I TYPE III
Site Area (S) Area Space feet)
DENSITIES
PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH DEFINITION PARAGRAPH DEFINITION SEE DEFINITION OF
REFERENCE 62.111 62.112 62.113 62.114 62.115 62.116 OF OF HEIGHT PARKING
62.118
LANDSCAPE AND PARAGRAPH 62.121
AREA
NOTES Description of each Use category Regulations Primarily found in TYPE III DEVELOPMENT For Permitted For Definition of Lot General General Exceptions to Regulations for Off-street
found in Section 62.140 found in Sec. Par. 65.263 APPROVED THROUGH REQ OF Uses Incentive & Site in Chapter Regulations Sec. Regulations Sec. Standard Par. parking in Section 63.400
62.260 SECTION 62.600 Development 60 63.130 63.140 60.424
MINIMUM: 1 PER DWELLING
Single Family Detached I 62.266(1) 3000(L) 40% 35
UNIT
MINIMUM: 1 PER DWELLING
Single Family Attached I 62.266(1) 3000(L) 40% 35
UNIT
Corner lot:
3500(L)
NO MINIMUM
Accessory Apartment 1 62.278 (3) 62.266(1) NA 35
NO MINIMUM
Accessory Dwelling Unit I 62. 278(13) 62.266(1) NA 35
MINIMUM: 1 PER DWELLING
Duplex I 62.266(1) 4000(L) 40% 35
UNIT
MINIMUM: 1 PER DWELLING
Attached Dwelling I 62.263(7) 62.266(1) 3000(L) 38% 35
UNIT
MINIMUM: 1 PER DWELLING
Cottage Development I 62.263(8) 62.266 (1) 15000(S) 35% 35
UNIT
MAXIMUM: 2 PER DWELLING
UNIT
1
COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will
be found.
The Row labeled NOTES identifies additional paragraphs in the ordinance that apply 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
CATEGORY List of Use Applicable Additional DENSITY FACTOR FLOOR AREA RATIO Minimum Minimum Minimum Permitted REQUIRED
OF Permitted Type Detailed Regulations Lot Size (L) % of % of Maximum OFF-STREET
STANDARDS Uses Regulations or Landscape Recreation Height (in PARKING
TYPE I – TYPE II – TYPE III TYPE I TYPE III
Site Area (S) Area Space feet)
DENSITIES
PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH DEFINITION PARAGRAPH DEFINITION SEE DEFINITION OF
REFERENCE 62.111 62.112 62.113 62.114 62.115 62.116 OF OF HEIGHT PARKING
62.118
LANDSCAPE AND PARAGRAPH 62.121
AREA
NOTES Description of each Use category Regulations Primarily found in TYPE III DEVELOPMENT For Permitted For Definition of Lot General General Exceptions to Regulations for Off-street
found in Section 62.140 found in Sec. Par. 65.263 APPROVED THROUGH REQ OF Uses Incentive & Site in Chapter Regulations Sec. Regulations Sec. Standard Par. parking in Section 63.400
62.260 SECTION 62.600 Development 60 63.130 63.140 60.424
MINIMUM: 1 PER DWELLING
Performance Residential VAR 62.261 62.266(1)(3) 9:00 -- 16:00 – 21.78(1) 6000(S) 38% 20% 35
UNIT
MINIMUM: 0.75 PER UNIT
Multi-Family Residential
I 62.263 (5) 62.266(1),(3) 4500(L) 38% 45 \[3\]
MAXIMUM: 1.5 PER DWELLING
62.126
UNIT
1 SPACE PER EMPLOYEE ON
Group Residential Care VAR 62.263(2) 62.266(1) SAME AS REGULATION FOR PERMITTED SINGLE FAMILY OR MULTI-FAMILY
LARGEST SHIFT
(WHICHEVER IS BASIS FOR APPROVAL OF USE)
MINIMUM: 1 PER
Manufactured Home Park/ III 62.262 62.266(1) 5500(L) 40% 62.262(3)(b) 35
MANUFACTURED HOME
Manufactured Home Lot (15)(g)
MAXIMUM: 2 PER DWELLING
UNIT
MINIMUM: 0.75 PER UNIT
Live/Work Dwelling I 62.263(9) 62.266(1) 4000(L) 40% 35
1 PER 400 SQ FT FLOOR AREA
Retail Trade 62.264(6) 5000(L) 40% 35 \[1\]
1 PER 400 SQ FT FLOOR AREA
Offices I 62.264(3) 40% 24 \[2\]
1 PER 400 SQ FT FLOOR AREA
Personal Service I 62.264(3) 40% 24 \[2\]
5 PER PRINCIPAL MEDICAL
Medical Facilities II or III 62.263 (3) 24 \[2\]
PROFESSIONAL
1 SPACE/EMP LARGEST SHIFT
Nursing and Personal Care II or III 62.263(3) 24\[2\]
PLUS ONE PER SIX BEDS
1 PER 4 PERSONS, BASED ON
Funeral Homes II or III 40% 24 \[2\]
MAXIMUM CAPACITY OF BLDG
1 PER EMPLOYEE ON
Substantial Land Alteration III, Phase II 30
LARGEST SHIFT
1 PER EMPLOYEE ON
Sand or Gravel Excavation III, Phase II 30
LARGEST SHIFT
Agricultural Operations I 62.264(1)(2)
SEE PARAGRAPH 62.935
Area Accessory Development I or III 62.930 62.933 62.932 40% 35
Offender Transitional Housing III/ Phase I 62.940-62.945
Medical Stay Dwelling Unit I 62.141 (11) 62.263 (6)
62.266 (1)
FOOTNOTES: \[1\] RETAIL TRADE MAY BE LOCATED ON THE GROUND FLOOR OF MULTI-FAMILY RESIDENTIAL UP TO 45 FT. IN HEIGHT.
\[2\] OFFICE, PERSONAL SERVICES, MEDICAL FACILITY, OR FUNERAL HOME WITHIN 200 FT OF TOD DISTRICT: MAX HEIGHT = 35 FT
\[3\] Buildings on a lot abutting R1, R1x, R2, and R2x zoning districts any portion of a building above 35 feet in height, up to a maximum of
45 feet in height, is required to be stepped back a minimum of 10 feet in all directions from the exterior walls of the building. Corner lots are
exempt from the top floor set back on the sides of the building with street frontage.
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62.235 R-2X SITE APPEARANCE STANDARDS
The standards in this table identify the site appearance standards applying to uses in the R-2X Zoning District.
COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will
be found.
The Row labeled NOTES identifies 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”
CATEGORY List SETBACKS AND YARDS Minimum APPEARANCE CONTROL STANDARDS
OF of Width
Site Bufferyard
STANDARDS Permitted at
Location Indicator
Uses Building
Required Side Yard Minimum Sum Minimum Hours of Exterior Sign Landscape Exterior
Requirement
Front Yard Least Width of Side Yards Rear Yard Line Operation Lighting Regulations Material Point Storage
Base Regulations
PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPHPARAGRAPHPARAGRAPHPARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH
REFERENCE 62.111 63.110(1) 63.110(3) 63.110(2) 62.123 62.131 62.132 62.133 62.135 62.134 62.124 62.125
NOTES Description of each General Yard Requirements in 63.100 Section Section Section Section Section To Determine
category found in Section How Yards can be used in 63.120 63.210 63.220\[5\] 63.230 63.240 63.250 Req. Buffer
62.140 see 63.260
Single Family Detached \[2\] 20 5 10 20 30 NA R I
Single Family Attached 20 10\[1\] 20 30 NA R I
Corner lot: 35
Accessory Apartment 20 5 10 5 30 NA R I
Accessory Dwelling Unit 20 5 10 5 30 NA R I
Duplex\[2\] 20 5 10 20 40 NA R I
Attached Dwelling\[2\] 20 10 20 30 NA R I
Cottage Development 20 10 20 60 R NA R Project
Boundary III
Performance Residential SEE PARAGRAPHS 62.283–62.285 FOR SETBACK REQ) R NA R II
Multi-Family Residential 20 5 10 20 50 R NA T,R II
Group Residential Care 20 5 10 20 A R NA T,R H I
Manufactured Home Park 20 5 10 20 30 R R NA R Project
Boundary III
Manufactured Home Lot \[3\]
Live/Work Dwelling 20 5 10 20 30 R R NA R I
Retail Trade 20 8 15 6AM-9PM A A T IV
Offices 20 8 15 6AM-9PM A A 15.5 T,A A IV
Personal Service 20 8 15 6AM-9PM A A T A TYPE I:V
TYPE III:VI
Medical Facilities 20 10 15 R A 15.5 T D III
Nursing & Personal Care 20 10 15 R A 15.5 T D III
Funeral Homes 20 10 15 7AM-11PM A A 15.5 T C IV
Substantial Land Alteration A,S E,F
Sand or Gravel Excavation A,S E,F
Agricultural Operations R NA R
3
COMMENTARY:
The Row labeled PRIMARY REFERENCE at the top of the chart identifies for users of the ordinance the primary section of the ordinance where regulations for that category of standard will
be found.
The Row labeled NOTES identifies 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”
CATEGORY List SETBACKS AND YARDS Minimum APPEARANCE CONTROL STANDARDS
OF of Width
Site Bufferyard
STANDARDS Permitted at
Location Indicator
Uses Building
Required Side Yard Minimum Sum Minimum Hours of Exterior Sign Landscape Exterior
Requirement
Line
Front Yard Least Width of Side Yards Rear Yard Operation Lighting Regulations Material Point Storage
Base Regulations
PRIMARY PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPHPARAGRAPHPARAGRAPHPARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH PARAGRAPH
REFERENCE 62.111 63.110(1) 63.110(3) 63.110(2) 62.123 62.131 62.132 62.133 62.135 62.134 62.124 62.125
NOTES Description of each General Yard Requirements in 63.100 Section Section Section Section Section To Determine
category found in Section How Yards can be used in 63.120 63.210 63.220\[5\] 63.230 63.240 63.250 Req. Buffer
62.140 see 63.260
Area Accessory 20 8 15 A A 15.5 T 62.936 III
Development
Utility
Stations: IV
Offender Transitional 20 5 10 20 50 A R NA T,R H I
Housing
Medical Stay Dwelling Unit 20 5 10 20 30 A R NA T,R H I
FOOTNOTES: \[1\] THE SIDE YARD FOR SINGLE FAMILY ATTACHED MAY BE REDUCED TO 8 FEET WHEN GARAGE IS ATTACHED IN FRONT OF DWELLING
\[2\] SIDEYARD REDUCTION MAY BE UTILIZED FOR SINGLE FAMILY DETACHED DWELLINGS AND DUPLEXES
\[3\] SEE 62.262(1)(C)(3) LOT DEVELOPMENT STANDARDS
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Section 2. Sections 60.200, 60.310, 60.320, 60.605, 61.220, 62.126, 62.140, 62.260,
62.263, 62.264, 62.273, 62.278, 62.284, 63.137, 63.264, 63.265, 63.441, 63.426, 62.933,
and 62.936 are hereby amended as follows:
60.200
ACCESSORY APARTMENT DWELLING UNIT, ATTACHED: A subordinate, second dwelling unit permitted
as an accessory use that contains one kitchen and one bathroom as defined by the adopted building
code that is created within or added on to a single-family detached dwelling,
ACCESSORY DWELLING UNIT, DETACHED: A subordinate, second dwelling unit that contains one kitchen
and one bathroom as defined by the adopted building code, that is detached from a single-family
detached dwelling, but located on the same lot or parcel as the single-family detached dwelling.
COTTAGE DEVELOPMENT: A residential development that combines small individually-owned dwellings
on a single lot with common open space on the same lot, and that may also include a community
building, kitchen, dining room, or other facility intended for communal use by the residents of the
individually-owned dwellings on a regular basis. The residents in a cottage development may agree to
share in the provision of communal services such as cooking meals, maintenance of grounds, and child
care.
LIVE/WORK DWELLING: A dwelling unit containing integrated living and working spaces that is intended
to function predominately as business workspace with related residential use by the operator of the
business workspace. The unit typically has a workspace, public display area, sales areas, or showroom
on the ground floor of the unit and the majority of the residence located either on an upper floor or at
the back of the unit.
62.310
PERFORMANCE DISTRICTS
SYMBOL DISTRICT TITLE
D Developing District
CDC Central Development Core
*CN Core Neighborhood Districts
ESTABLISHED DISTRICTS
*R-Sa Mixed Single Family Overlay
*R-1 Mixed Single Family
*R-1x Mixed Single Family Extra
*R-2 Low Density Residential
*R-2x Low Density Residential Extra
*R-3 Medium Density Residential
*R-4 High Density Residential
B-1 Restricted Commercial
B-2 Pedestrian Oriented Restricted Commercial
5
B-4 General Commercial
B-5 Residential Commercial
M-1 Mixed Commercial-Industrial
M-2 Industrial
M-3 Low Intensity Mixed Commercial Industrial
TOD Node Mixed use
TOD Corridor Mixed use
AG Agricultural
MRD Mixed Redevelopment
FF Flood Fringe
FW Floodway
FP Flood Prone
PUD Planned Unit Development
SD Special District
H Holding Zone
I Interim Zone
*Indicates residential zoning district
60.320
60.3221 Core Neighborhood Districts.
Subdivision 1. The Core Neighborhood Zoning Districts are Developing Districts primarily intended
for application in the established neighborhoods surrounding and radiating out from the Central
Development Core or in planned neighborhoods in the undeveloped urban growth area. Core
Neighborhood zones are designed to reflect the planning objectives of specific adopted documents
such as the Downtown Master Plan and other site specific planning documents such as the Second
Street Corridor Plan. As presented when offered for amendment, the Core Neighborhood Districts
may be drafted to supplant established low density, medium density, high density, commercial or
mixed use established zoning districts.
Subd. 2. The Core Neighborhood districts are intended to:
A. Allow land use consistent with historically dense, mixed use urban neighborhoods;
B. Provide flexibility in lot size, configuration, vehicular access, and parking to facilitate infill
development;
C. Provide urban neighborhoods with efficient land use and cost-effective delivery of urban
services;
D. Promote development that meets current needs without compromising the ability of future
generations to meet their own needs;
E. Encourage development of needed housing in close proximity to employment and services;
F. Provide clear development standards that promote compatibility between new and existing
development and promote certainty in the marketplace;
G. Encourage development and preservation of affordable housing through infill development;
and
H. Foster greater civic community by developing attractive streets and public spaces that
promote active living through increased pedestrian activity, minimization of automobile trips,
and encourage social interaction and gatherings.
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R-2x: This district is intended to maintain and promote areas with a mixture of residential dwelling
types of overall low to medium density near the downtown core. This district is established to
support residential infill and reinvestment that is compatible with the existing characteristics of
development, as identified in the Planning 2 Succeed Comprehensive Plan. Certain supportive non-
residential uses may be provided within the district.
60.605
Subd. 1. Development Informational Meetings Required.
A) Prior to the submission of an application for general development plans, zoning district map
amendments, land use map amendments, and Type III conditional use permits, the applicant
shall hold a Development Informational Meeting. This includes all Incentive and Restricted
Development preliminary plan applications. It also includes an Incentive or Restricted
Development final plan application that is received by the Planning Department more than 24
months after the Common Council’s approval of that Development’s preliminary plan. Multiple
applications reviewed concurrently by the Council require a single Development Informational
Meeting.
B) Prior to the submission of an application for Type I site development plans for all non-residential
uses and residential uses of 4 or more units in the R2x district the applicant shall hold a
Development Informational Meeting.
61.220
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.
B. A single re-subdivision and rearrangement of a single parcel or group of parcels in an R-Sa, R-1, R-
1x, or R-2, or R2x district 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. The need for general
utility easements, drainage easements or access easements shall be resolved prior to subdivision
approval. This procedure may be used only once per parcel. The re-subdivision of any lot or parcel
which was subdivided or modified through a Type I Land Subdivision after January 1, 1992 shall be
subject to the Type II land subdivision process established in Section 61.222, subd. 2;
61.126
62.126 Density Determination for Multi-Family Residential Uses: Except in the R-2x District and the
TOD District, the dDensity of multi-family residential uses 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.
7
62.140
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
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: Subdivision 1. The following is a list and description of the residential use
categories:
Subd. 2. Single Family Detached: A one family detached dwelling as defined.
Subd. 3. Single Family Attached: A one family attached dwelling as defined.
Subd. 4. Duplex: A two family dwelling as defined.
Subd. 5. Attached Dwelling: An attached dwelling, as defined.
Subd. 6. 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. In the CN-NR district,
performance residential developments are referred to as “townhouses” which are a type of
attached one family dwellings that must only meet selected standards established for
performance residential uses in 62.261 or setbacks in sections 62.283 - 62.285.
Subd. 7. Cottage Development: A cottage development, as defined.
Subd. 8. 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.
Subd. 9. Group Residential Care: Group residential care uses include any day care
facilities or residential facilities as each are defined by this Code.
Subd. 10. Semi-Transient Accommodations: Semi-transient accommodations include
rooming houses and fraternity or sorority houses as defined by this Code.
Subd. 11. 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 Code.
Subd. 12. Live/Work Dwelling: A live/work dwelling, as defined.
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Subd. 13. 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.
Subd. 14. Medical Stay Dwelling Unit: A dwelling unit where accommodations are
furnished exclusively to medical patients, their families, and caregivers while the patient is
receiving or waiting to receive health care treatments or procedures for a period of one week or
more, and where no supportive services, health supervision, or home care services are provided.
Medical Stay Dwelling Units must hold a valid lodging license from the State or County.
Subd. 15 Accessory Use: Accessory use is defined as 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. See 62.278 for detailed list of accessory use regulations.
62.260
Revise Section 62.261, Subd. 2.C.6 by adding new clause (ii):
6. The maximum number of buildings which may be attached in an R-1x or R-2 District is five,
and nine in any other district with the exception of (i) the CN-NR District ,where the limit to
the number of attached dwellings is three and cannot be increased as other districts can
according to the remainder of this section, and (ii) the R-2x District, where the number of
units is limited by a maximum building length of 150 feet, rather than by a fixed number of
units. Increases to this are permitted subject to the following rules:
7. Attached Dwellings in the R2x zone must have vehicular access to either an alley or private
street.
62.263 Other Residential Uses: Subdivision 1. This section describes other residential uses.
Subd. 7 Attached Dwelling: The following regulations apply to attached dwelling:
1. Unless developed under the performance residential standards of Section 62.261, Subd. 2.C.6,
attached dwellings in the R2x zone:
a. Must have vehicular access to either an alley or private street; and
b. The maximum length of the building containing the attached dwellings is 150 feet.
Subd. 8 Cottage Development: The following regulations apply to cottage development:
1. The maximum project size for a cottage development is one acre.
2. Cottage development projects must be organized as condominium developments meeting all
requirements of State law, and individual lots or portions of the project may not be subdivided
for sale.
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3. Cottages shall have no more than 1,000 square feet of gross floor area.
4. Project density shall not exceed 1 dwelling unit per 1,500 square feet of lot area.
5. A shared landscaped area containing a minimum of 10 percent of the project area shall be
provided.
6. Each dwelling structure shall be separated from other dwelling units by a minimum of 6 feet.
7. Zoning district lot and setback requirements shall apply to the project site as a whole, but not to
individual dwellings.
8. If the zoning district allows duplexes, attached dwellings, or single-family attached dwellings, a
cottage development may include those dwelling types.
9. Access drives within a cottage development shall be constructed to city standards.
10. The applicant shall submit a site plan identifying individual cottage development sites, streets,
parking areas, stormwater facilities, common areas, and any other features required to be
identified by this LDM or state condominium law.
Subd. 9 Live/Work Dwelling: The following regulations apply to live/work dwellings:
1. The building may be used for both residences and for a business being conducted by a resident
of the building and that does not qualify as a home occupation.
2. Portions of the structure used for residential and nonresidential uses shall have a connection
between them located inside the building.
3. A wall sign no more than 2 square feet in size and located no higher than the first floor of the
building is permitted.
4. No more than two non-resident employees are permitted in addition to the residents of the
dwelling.
5. Nonresidential uses are limited to those that are (a) conducted indoors, and (b) engaged in
producing a good or product that is sold from the premises, and (c) do not involve the sale of
alcoholic beverages, firearms, tobacco, or related goods. Sales of goods is limited to (a) goods
produced on the premises, and (b) incidental resale of goods purchased elsewhere that are
related to or used in conjunction with goods and services produced on the premises, provided
that the area use for such resales does not exceed 5 percent of the gross floor area of the
nonresidential portion of the structure.
62.263
Subd. 2. 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.
A. In all districts, a day care facility serving 14 or fewer dependents or a residential facility
serving 5 or fewer dependents 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.
B. 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
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Districts, subject to the same requirements as multifamily residential dwellings. In the
R-1, CN-NR, R-1X, and R-2, and R-2X Districts, such development shall be a Type II
conditional use.
C. 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 to the Setback regulations applicable to Area Accessory
Developments in the same zoning district.
Subd. 5. Multi-Family Residential Development:
A. 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.
B. In the R-2x district, the maximum length of a multi-family building façade facing any
public street shall be limited to 150 feet.
C. In the R-2x district, each façade facing any public street that is longer than 50 feet in
length shall be divided into modules through:
1. The use of vertical projections extending outward from the façade of the building,
or insets into the building façade, that divide the façade into horizontal segments no
greater than 50 feet in length, and each required projection or inset shall have a
minimum depth of at least 1 foot and a minimum width of at least 1 foot; or
2. The inclusion of a multiple pedestrian entrances to the building that are separated
from the next nearest pedestrian entrance by a distance no greater than 50 feet.
3. Where the side or rear of any primary building faces a residentially zoned property,
the primary materials used on the sides and the rear of the building shall be similar
in durability and appearance, and the levels of articulation on the sides and rear of
the building shall be similar in appearance, to those used on the street-facing
façades of the building.
62.264
62.264 Nonresidential Uses:
3) Office and Personal Services:
a. R-2x District
The maximum floor area for all Office and Personal Service development in the R-2x
District shall be 5,000 square feet.
b. All Other Districts
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.
6) Retail Trade: The following standards apply in the R-2x district:
a. The gross floor area of a retail trade use shall be limited to 5,000 square feet;
b. A retail trade use shall only be located on a corner lot, on the ground floor of a mixed-
use building, or within a building originally designed for or physically converted to
accommodate a non-residential use prior to the effective date of this section.
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62.273
The following general regulations apply to garages, accessory buildings, and structures in residential
districts, provided that, if these standards conflict with the provisions of Section 62.XXX applicable
to accessory dwelling units in detached structures in residential districts, the standards in Section
62.XXX shall apply.
62.284
CATEGORY R-Sa ESTABLISHED DISTRICTS DEVELOPING LOW MIXED
OF DENSITY REDEVELOPME
R-1 & R-1x R-2 & R-2x R-3 R-4
REQUIREMEDESIGNATION NT MRD
NT
62.936
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, subd. 2 (A) – (M).
LIST OF PERMITTED USES ZONING DISTRICTS
Residential All Other
Uses B-5 Districts
Utilities (A)
Utility Stations (B)
Major Water and Sewer Facilities (C) J E
Public Emergency Facilities (D) J J J
Parks and Recreation Facilities (E)
Neighborhood E E E
Regional D D D
Schools (F)
Nursery E E E
Elementary D D D
Secondary J J J
Churches (G) E E E
Government/Non-Profit Offices (H) D
Cultural Facilities (I) D
Bus Shelters
Recycling Containers (J) D,F
Cemeteries (K) E E E
Social Services Centers (L) A
Colleges and Universities (M) *except in *
the CDC
Res.
Where E
required
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NOTES: “Residential” includes R-Sa, CN-NR, R-1, R-1x, R-2, R-2x, 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
63.137
63.137 Permissible Types of Landscaped Areas: Subdivision 1. Landscaped areas include:
1. Required yards, courts and bufferyards which are free of buildings, structures and other
substantial improvements (except structures or improvements qualifying as usable recreational
area),;
2. Driveways which serve parking areas providing off street parking for residential buildings with
four or less units, with the following exceptions:
a. except I In the CN-NR district, where the driveways that serve parking areas are not
permissible landscape areas; and
b. In the R-2x district, driveways that serve parking areas providing off street parking for all
residential buildings shall be permissible landscaped area.
3. Ground surface areas located above underground facilities which meet the other requirements
of this section;
4. Pedestrian and bicycle paths,;
5. 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,; and
6. Areas developed for either passive of active recreation at ground level and natural areas such as
lakes, ponds, wetlands or grassed waterways.
63.264
63.264 The letter designations contained in this table identify a class of bufferyard which is then
further defined in Section 63.265. An asterisk (*) identifies that no buffer is required between
the adjacent land uses.
SECTION 63.264 TABLE OF BUFFERYARD REQUIREMENTS
NOTE: See Section 63.263 for Directions on Determining Bufferyards
* Indicates That No Bufferyard is Required
See Section 63.265 for a Definition of the Bufferyard Types
BUFFERYARD PROPOSED LAND USE
INDICATOR
I II III IV V VI VII VIII IX X XI
I * C D E E F G H I J K
II * * C D D E F G H J K
III * * * C D D E F G J K
IV * * * * D D E F G J K
Adjacent
V * * * * * C D E E H I
Developed Land
VI * * * * * * * E D H I
VII * * * * * * * * C C I
VIII * * * * * * * * * B G
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SECTION 63.264 TABLE OF BUFFERYARD REQUIREMENTS
NOTE: See Section 63.263 for Directions on Determining Bufferyards
* Indicates That No Bufferyard is Required
See Section 63.265 for a Definition of the Bufferyard Types
BUFFERYARD PROPOSED LAND USE
INDICATOR
I II III IV V VI VII VIII IX X XI
IX * * * * * * * * * * F
X * * * * * * * * * * *
XI * * * * * * * * * * *
R-1, CN-NR, R-1x, or * B C D E F F G H J K
R-2 District or Low
Density Residential
Designation
R-2x or R-3 District or * * A A C D D E F J K
Medium Density
Residential
Zoning or Land
Designation
Use Plan
Designation of
R-4 District or * * * * * * B C D J K
Adjacent Vacant
Permanent Public
Land or Non-
Open Space
Conforming Use, if
in the Same B-1 or B-5 District * * * * * * * * B F H
District
MRD District * * * * * * * * * F I
M-1, M-3, or B-4 * * * * * * * * A F G
District or
Commercial or Light
Industrial
Designation
M-2 District or * * * * * * * * * * *
Industrial
Designation
Freeway or S1 S1/D S1/C S1/B S1 S1 S1 S1 S1 S1 S1
Expressway
Arterial S1 S1/D S1/C S1/B S1 S1 S1 S1 S1 S1 S1
Adjacent Road
Classification Collector or Non-Res. S1 S1 S1 S1 S1 S1 S1 S1 S1 S1 S1
Local
**
Residential Major S1 S1 S1 S1 S1 S1/B S1/C S1/D S/E S1/F S1/G
Local
Res. Local or Limited S1 S1 S1 S1 S1 S1/B S1/C S1/D S1/E S1/F S1/G
Local
NOTE: Where two bufferyard requirements are listed both apply.
**The standard does not apply to Freeways.
63.265
63.265 Definition of Bufferyard Types:
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Subd. 5. Except as provided in subdivision 6, the required number of boulevard trees
shall be determined based on the length of frontage as specified in this subdivision. The
measurement of frontage shall not include boulevard area that abuts city parkland
within residential development, or areas determined by the Road Authority Engineer to
be unavailable for boulevard tree planting due to Road Authority policy. The planting
distance is an average distance that will be used to calculate the total number of
boulevard trees for the development under review.
A. For residential districts R-Sa, R-1, R-1x, R-2, one tree for every 50 feet
of frontage.
B. For residential districts SD, CDC-Res, R-2x, R-3, R-4, one tree for every
35 feet of frontage.
C. For commercial and industrial districts, the required number of trees is
equal to the total street frontage divided by 35 feet.
Planting locations for individual trees and separation distances will be determined in part by
site characteristics, the guidelines established in the Park and Recreation Department Policy on
Boulevard Tree Placement and for Standards Associated with New Commercial Buildings with
New Business Signs, and the determination of the Park and Recreation Director or designee.
Credit will be given for existing boulevard trees as determined by the Park and Recreation
Director or designee.
63.441
63.441 Commercial Parking Extension. Subdivision 1. Required off-street parking for uses in
the Central Development Core of any nonresidential district may extend into adjacent land
zoned R2, R2x, R3, R4 as a type III Conditional Use Review subject to the regulations found in
subdivision 2.
63.426
63.426 Spillover Parking:
Residential developments, with the exception of those located in the R-2x zoning district, CN-NR zoning
district, and the Destination Medical Center District Parking Overlay Zone, 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 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.
63.933
62.933 Permitted Zoning Districts: Area accessory developments which may be permitted in R-Sa, R-1,
CN-NR, R-1x, R-2, R-2x, R-3, R-4 or the Developing District Residentially Planned Areas and CDC-
Residential Areas are limited to Section 62.930, Subd. 2 (A), (B), (D), (E), (F), (G), (J), (K) and (L). The area
accessory development described in Section 62.930, Subd. 2(M) is permitted in the CDC-Residential
District. WECS and WECS Meteorological Towers may be permitted as a Type III, Phase I conditional use
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permit in the CDC zoning districts. The Common Council shall be the hearing body. All uses listed in section
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.
Section 3. Section 62.278 is hereby repealed and replaced as follows:
62.278
Subd. 3 Accessory Dwelling Unit, Attached or Detached: An accessory dwelling unit, subject to the
following standards:
1. There shall be no more than one accessory dwelling unit on a lot.
2. If the accessory dwelling unit is located in a district that only allows a single principal
dwelling unit on the lot, either the principal dwelling unit or the accessory dwelling unit
must be the primary permanent residence of the owner of the lot.
3. An accessory dwelling unit must:
a. Not contain more than 600 square feet of gross floor area.
b. Not have more than two bedrooms.
4. An attached dwelling unit created after the effective date of this amendment shall maintain
the architectural design, style, appearance, and character of the principal dwelling by
incorporating design elements of the principal residence such as similar façade materials,
façade colors, window style/treatment, and roof design and pitch, and shall not have a
primary entrance to the accessory dwelling unit located on the front façade of the primary
structure.
5. A manufactured home or recreational vehicle, travel trailer, camper, or similar vehicle shall
not be used as an accessory dwelling unit.
6. No portion of a lot on which an accessory dwelling unit is located may be subdivided from or
legally described differently than, the lot containing the primary residential unit, and no
portion of a structure containing an accessory dwelling unit may have ownership different
from the ownership of the primary dwelling unit.
Section 4. This ordinance shall become effective as of the date of its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2019.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _______ DAY OF _________________, 2019.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/62.R2X1
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