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Home My WebLink AboutOrdinance No. 4478 - Unified Development Code Including Full Text in Exhibit A K024478Ordinance No. 3648, known as the Fox Knob Special District Ordinance Section 9. is hereby repealed. May 17, 2004Ordinance adopted on Special District Ordinance No. 3646, known as the Historic Campus Section 8. adopted on November 3, 2003 is hereby repealed.Ordinance No. 3604, known as the Pebble Creek Special District Ordinance Section 7. eptember 4, 2002 is hereby repealed.District Ordinance adopted on SOrdinance No. 3503, known as the Minnesota Bible College Campus Special Section 6. Ordinance adopted on July 1, 2002 is hereby repealed.Ordinance No. 3497, known as the New Life Worship Center Special District Section 5. March 4, 2002 is hereby repealed.opted on adOrdinance Street Estates Special District th Ordinance No. 3443, known as the 55 Section 4. .adopted on July 7, 1986 is hereby repealedOrdinance No. 2516, known as the Foxcroft Special District Ordinance Section 3. is hereby repealed. May 17, 1982 adopted on known as the Arboretum Special District Ordinance ,2247. Ordinance No Section 2. . as Attachment “A” is attached heretoDevelopment Code he Unified TA copy of he Unified Development Code. Treplaced with repealed, in its entirety, andJanuary 1, 1992 is hereby n oeffective 2785adopted by Ordinance No. , as Development Manualthe Land , on September 7, 2022 Upon public hearing duly noticed and held Section 1. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: CODE OF ORDINANCES. OF THE ROCHESTER 3--9, 4-CHAPTERS 2WHOLE ORDINANCES, AND REPEALING REPEALING ALL PLANNED UNIT DEVELOPMENT 4003, 4081, 4122, 4194, 4236, 4284, 4322, 3901, 604, 3646, 3648, 3694, 3730, 3773, 33497, 3503, : 2247, 2516, 3443, S SPECIAL DISTRICT ORDINANCETHE UNIFIED DEVELOPMENT CODE, REPEALING DEVELOPMENT MANUAL AND REPLACING WITH LAND ORDINANCE NO. 2785 KNOWN AS THE REPEALING IN WHOLE AN ORDINANCE ORDINANCE NO. ______ 2 .Conservation is hereby repealedthe Rochester Code of Ordinances relating to Wetland itle 6 of T3 of -Chapter 6 .4Section 2 Heritage Preservation is hereby repealed.the Rochester Code of Ordinances relating to itle 4 of T7 of -Chapter 4 .3Section 2 is hereby repealed.Planning and Zoning Commthe Rochester Code of Ordinances relating to itle 2 of T9 of -Chapter 2 .2Section 2 All Planned Unit Development Ordinances are hereby repealed. .1Section 2 Ordinance adopted on November 6, 2017 is hereby repealed.Commons Special District Ordinance No. 4322, known as the Riverfront .0ection 2S adopted on April 3, 2017 is hereby repealed.Ordinance No. 4284, known as the Chateau Circle Special District Ordinance .91Section Ordinance adopted on April 18, 2016 is hereby repealed.Ordinance No. 4236, known as the Windamere Woods Special Di .8Section 1 adopted on May 18, 2015 is hereby repealed.Ordinance No. 4194, known as the Fox Hill Villas Special District Ordinance .7Section 1 e adopted on August 19, 2013 is hereby repealed.OrdinancOrdinance No. 4122, known as the Fox Valley Villas Special District .6Section 1 adopted on August 20, 2012 is hereby repealed.Ordinance No. 4081, known as the Hadley Creek Special District Ordinance .5Section 1 ril 18, 2011 is hereby repealed.Ordinance adopted on ApOrdinance No. 4003, known as the Orchard Hills Villas Special District .4Section 1 adopted on December 15, 2008 is hereby repealed.Ordinance No. 3901, known as the Harvestview II Special District Ordinance .3Section 1 adopted on June 5, 2006 is hereby repealed.Ordinance No. 3773, known as the Harvestview Special District Ordinance tion 12.Sec District Ordinance adopted on October 17, 2005 is hereby repealed.Ordinance No. 3730, known as the Prairie Crossing Single Purpose Special Section 11. Special District Ordinance adopted on March 7, 2005 is hereby repealed.states Three Subdivision Ordinance No. 3694, known as the Valley Side E Section 10. adopted on May 24, 2004 is hereby repealed. 3 UnifiedDevelopCode.2220/Ord Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ APPROVED THIS _____ DAY OF ______________________, 2022. CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF .January 1, 2023This ordinance shall become effective on . 52Section 4 The below document titled "Unified Development Code" is included as Exhibit A. ”A“EXHIBIT Chapter 60.100 2022 September 7th Adopted Unified Development Code June 2022 Draft Adoption Installment 1 Staff DraftUnified Development Code T Site temporart Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 20..................................................................... Mixed Use Neighborhood Scale –N -MX G. 18....................................................................... ............ High Density Residential –4 -R F. 16.............................................................................. Medium Density Residential –3 -R E. 14................................. .......................................... Low Density Residential Infill –2x -R D. 12....................................................................................... Low Density Small Lot –2 -R C. 10.......................................................................................... Family-Mixed Single –1 -R B. 8 ....................................................... ................................................... Agricultural -AG A. 8 ........................................................................................ Base Districts Section 60.200.030 6 ............................................................................................... Boundary Interpretation B. 6 ............................................................ ............................................................ General A. 6 ............................................................................... Official Zoning Map Section 60.200.020 5 .............................................................................. Summary Table of Zoning Districts A. 5 .................................................................. Zoning Districts Established Section 60.200.010 5 ............................................................................................... Zone Districts Chapter 60.200 4 .................... ................................................................... Clerical Errors Section 60.100.080 4 ........................................................................................... Severability Section 60.100.070 4 ....................................................................................... Effective Date Section 60.100.060 3 ........................................ ..................................................................... Prior Violations F. 3 ................................................................................................... Pending Applications E. 3 ...................................................................................... Prior Development Approvals D. 3 .................................................... ............. Adoption of Existing Conditions of Approval C. 2 ................................................... Repeal of Chapter in Rochester Code of Ordinances B. 2 ............................. ............................................. Repeal of Land Development Manual A. 2 .................................................................................... Transition Rules Section 60.100.050 2 ............................................................................................... Authority Section 60.100.040 2 .................................................. ................................................ Compliance Required B. 1 .................................................................................................... General Applicability A. 1 .......................................................................................... Applicability Section 60.100.030 1 ..................................................... ........................................... Purpose Section 60.100.020 1 ...................................................................................................... Title 60.100.010Section 1 ...................................................................................... General Provisions Chapter 60.100 Contents Table of Contents Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: 100.030ASection 60. General Provisions: Chapter 60.100 143 ............................................................. Introduction and Applicability Section 60.400.010 143 ................................................. Development Standards and Incentives Chapter 60.400 139 ................................................................................................... H. 128 .................................. .............................................. Accessory Uses and Structures G. 120 ................................................................. Utility, Communication, and Energy Uses F. 117 .......................................................................................................... Industrial Uses E. 104 ........................................................ ..............................................Commercial Uses D. 102 .......................................................................... Public, Institutional, and Civic Uses C. 97......................................................................................................... Residential Uses B. 97................................................................. ............................... Applicability A. 97....................................................................... Specific Standards-Use Section 60.300.020 89................................ .................................... Relation to Local, State, or Federal Laws D. 89...................................................................................... Unlisted Uses and Structures C. 88.................................................................................................... Allowed Uses Table B. 88..................................................... ....................................... Organization of the Table A. 88.......................................................................................... Introduction Section 60.300.010 88.......................................................................................... Use Regulations Chapter 60.300 78............................................................. .................. Shoreland District Overlay –SDO F. 60........................................................................................... Floodplain Overlay –FPO E. 52.................... ................................................................. Decorah Edge Overlay -DEO D. 46......................................................................... Heritage Preservation Overlay –HPO C. 46............................................................................... Airport Protection Overlay --PO A B. 46............................................................ ....................................... General Applicability A. 46.................................................................................. Section 60.200.040 45........................... ....................................................................................... Holding -H Q. 43.............................................................................................. ... Special Industrial –SI P. 41......................................................................................................Light Industrial –LI O. 38..................................... ............................................................... Business Park –BP N. 36.................................................................................... Mixed Use Downtown –D -MX M. 30........................................................................ Oriented Development-Transit –T -MX L. 28............................................................... ..................... Mixed Use Institutional –I -MX K. 26........................................................................................ –G -MX J. 24....................................... ................................................... Mixed Use Center –C -MX I. 22............................................................................. Oriented-Mixed Use Street –S -MX H. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 191 ............................................................................... Relationship to Other Standards C. 191 ............................................................. .................................................. Applicability B. 191 .................................................................................................................... Purpose A. 191 ..................... Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050 181 ....................................................... Site Level Driveways, Access, and Connectivity D. 117 ......................................................... sion Level Connectivity and CirculationSubdivi C. 171 ...................................................... ......................................................... Applicability B. 171 .................................................................................................................... Purpose A. 171 .................................................................... Access and Connectivity Section 60.400.040 165 ................................................................... ............................... Parkland Dedication M. 164 ............................................................................................Quadrant Street System L. 164 .................. ................................................................................ Street Classification K. 163 ......................................................................................... ............ Private Roadways J. 163 ....................................................................................................... Boulevard Trees I. 163 ................................... ......................... Roadway and Subdivision Design Standards H. 161 ............................................................................................... Lot Design Standards G. 161 ........................................................................................... Access and Connectivity F. 156 .................................................................... ..................... Adequate Public Facilities E. 156 ................................................................................................... Vertical Subdivision D. 155 ..................................................................................................... sion NameSubdivi C. 155 ........................................................................ ....................................... Applicability B. 155 .................................................................................................................... Purpose A. 155 ....................................................................... Subdivision Standards Section 60.400.030 153 ................................................................. Exceptions to the Dimensional Standards G. 151 ......................................................................... Neighborhood Protection Standards F. 148 .................................... ........................................... General Dimensional Standards E. 146 ........................................................................Front Lot Lines on Private Roadways 2. 144 ............................................................................................. Application of Setbacks D. 144 .............................................................. Residential Buildings on a Lot-Multiple Non C. 144 ............................................................................................................... Applicability B. 144 .................................................................................................................... Purpose A. 144 .................................................................. .... Dimensional Standards Section 60.400.020 143 ............................................................................................................... Applicability B. 143 .................................................................................................................... Purpose A. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 243 .................................................................................................................... Purpose A. 243 ................................................ ................ Exterior Storage Section 60.400.090 242 ......................................................................................................... Bicycle Parking M. 241 ..................................................................................... Loading and Stacking Areas L. 240 .......................................................................... .................... Use of Vehicle Parking K. 234 .................................................................... Design and Location of Vehicle Parking J. 234 ................................. .............................................................. Car Percentage Small I. 233 ........................................................................................................... Visitor Parking H. 233 ................................................................ Maximum Parking Adjustments G. 230 ........................................................................... ....... Minimum Parking Adjustments F. 225 ................................................... Minimum and Maximum Vehicle Parking Required E. 224 .................................................... Calculation of Parking and Loading Requirements D. 224 .................................................................... nce with Other City OrdinancesComplia C. 224 ............................. .................................................................................. Applicability B. 223 ............................................................................................... ..................... Purpose A. 223 ......................................................... Parking, Loading, and Stacking Section 60.400.080 216 .................................................. ....................................................... DesignBuilding F. 211 ............................................................................................................... Site Design E. 211 ..................................................................................................................... Parking D. 211 .............................................. ............................................. and ConnectivityAccess C. 211 ............................................................................................................... Applicability B. 210 .................................................................................................................... Purpose A. 210 ............................................. ....................... Site and Building Design Section 60.400.070 210 ............................................................................ Alternative Equivalent Compliance F. 209 ...................................................................................... Fences, Walls, and Hedges E. 206 ....................................................................... ........................................ Bufferyards D. 205 ...........................................................................................arking Lot LandscapingP C. 198 ................................................................................................ General Landscaping B. 195 .......................................................................... ............................. Boulevard Trees A. 195 .............................................. Landscaping, Bufferyards, and Fences 60.400.060Section 193 ....................................... ... Erosion Control, Grading, and Stormwater Management G. 192 ............................................................................................................... Stormwater F. 191 ................................................................................................................... Wetlands E. 191 ........................................................... . General Requirement for all Sensitive Lands D. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 269 ....................................................................................................... ublic AmenitiesP D. 269 .................................................... ........................................... Point of Measurement C. 269 .................................................................................................... Specialized Report B. 269 ................................. Compliance with Other City, State, and Federal Requirements A. 269 ............................................................... Maintenance and Operation Section 60.400.130 268 ................................................................................................ Criteria for Incentives F. 264 ................................. ........................................................... Incentive Requirements E. 261 ............................................................................................. Summary of Incentives D. 261 ............................................................ Timing of Incentive Application and Decision C. 260 ........................................................ ................................... f BonusesCombination o B. 260 .................................................................................................................... Purpose A. 260 .......................................................................................... Incentives Section 60.400.120 259 .......................................................... ........................................ K. 259 ................................................................................................ Message Substitution J. 258 ......................... ............................................................... Murals and Other Displays I. 257 ...................................................................................................... Temporary Signs H. 255 .................................................................................................................. Billboards G. 250 .......................................... ............................................................... Sign Standards F. 249 ........................................................................................................ Prohibited Signs E. 249 .......................................................................................... Signs Requiring a Permit D. 248 ................................................... ................................. Signs Not Requiring a Permit C. 248 ............................................................................................................... Applicability B. 247 .................................................................................................................... Purpose A. 247 ............................................. .................................................... Signs Section 60.400.110 246 ............................................................. Maximum Permitted Illumination and Height G. 246 .................................................................................................. Luminaire Mounting F. 245 .................................................................. ............................ General Requirements E. 245 ........................................................................................... Method of Measurement D. 245 ..................... ................................................. g for Parking Lots and GaragesLightin C. 244 ........................................................................................................ ....... Applicability B. 244 .................................................................................................................... Purpose A. 244 ...................................... .......................... Section 60.400.100 244 ........................................ Residential Districts-Requirements in Mixed Use and Non C. 243 ............................................ .. Requirements in Agricultural and Residential Districts B. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 314 .............................................................................................. Text Amendment UDC D. 312 ........................................................... ........................................ Annexation of Land C. 309 ........................................................... Growth Management Map Major Amendment B. 306 .......................Comp rehensive Plan and/or Land Use Plan Adoption or Amendment A. 306 .........................................................Major Decisions by City Council Section 60.500.040 299 ...................... ................................................ Decision Actions and Limitations-Post F. 293 ................................................................................................ Review and Decision E. 287 ....................................................................... Application Submittal and Processing D. 283 ....................................................... .................................................. Public Hearings C. 281 ............................................................................................. Activities Submittal-Pre B. 281 ..................................................................................................................... General A. 281 .......................................................... ............... Section 60.500.030 280 ...............................................................................................................City Council F. 280 ............................ ...............................................................Zoning Board of Appeals E. 279 ........................................................................... Heritage Preservation Commission D. 278 ............................................................................................... Planning Commission C. 277 ......................................................... ................... Community Dev B. 277 .................................................................................................................... Purpose A. 277 .......................... ...... making Bodies-Review and Decision Section 60.500.020 274 ..................................................................... Summary Table of Review Procedures B. 274 ....................... ............................................................................................. Purpose A. 274 ................................ Introduction and Summary Table of Procedures Section 60.500.010 274 ............................................................... Procedures and Administration Chapter 60.500 273 .............................................................. .......................................................... Noise O. 272 ................................................................................................................... Vibration N. 272 ............................................................................................................... Particulates M. 271 ................................................. ..................................................................... Smoke L. 271 .................................................................................................................... ..... Glare K. 271 ...................................................................................... Fire and Explosion Hazards J. 271 ........................................................... ............................................................... Heat I. 270 ........................................................................................................................ Odors H. 270 .........................................................................................................................Signs G. 270 ................................................... ..................................................... Exterior Storage F. 269 .............................................................. Landscaping and Usable Recreation Areas E. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 383 ............................................................... Bringing a Nonconformity into Compliance C. 383 .................................................................... ............... General Authority to Continue B. 382 .................................................................................................................... Purpose A. 382 ................................................................ Nonconformities 60.500.080Section 379 .............................................................................................. ..................... Variance C. 375 ..................................................................................................... Major Modification B. 370 ................................. .................................................................... Minor Modification A. 370 ........................................................................... Flexibility and Relief Section 60.500.070 370 ............................................................................................................... Sign Permit K. 369 ................................. ............................................................. Lot Line Readjustment J. 367 .......................................................................................................... Grading Permit I. 364 ................................................................................ Floodplain Development Permit H. 362 .......................................................... ........................Minor Land Subdivision Permit G. 361 ..................................................................................................... Temporary Permit F. 360 ........................................................................................ Rental Housing Certificate E. 358 ...................................................... Minor Alteration –Certificate of Appropriateness D. 356 ............................................................................................. Site Development Plan C. 353 .................. ..................................................................... General Development Plan B. 351 ................................................................................................. ..... Zoning Certificate A. 351 .......... DirectorDevelopment Approvals by Community Development Section 60.500.060 348 ............................................................................. ........ Shoreland Protection Permit C. 347 ...................................................... Major Alteration –Certificate of Appropriateness B. 342 ........................................... .................................................. Conditional Use Permit A. 342 ............ Decisions That Require a Hearing by a Designated Authority Section 60.500.050 340 ....................... ............................................................................. Interim Use Permit N. 339 ................................... .Section 60.500.050A Conditional Use Permit for criteriaSee M. 336 ............................................................................................Distinctive Development L. 335 ................................................... ........... Criteria for Public Street Vacation Approval K. 334 .......................................................................... Public Street or Easement Vacation J. 332 .................. .............................................................................. Official Map Adoption I. 331 ........................................................................................... ........................ Final Plat H. 326 ..................................................................................Major Land Subdivision Permit G. 322 ........................ Designation or Removal of Landmark Property or Landmark District F. 317 ............................................................. Rezoning (Official Zoning Map Amendment) E. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 399 .......................................................................................... Definitions Section 60.600.030 398 ..................................................... Rules of Measurement Separation Requirements D. 398 ................................................................................................. Computation of Time C. 397 ..................... ................................................................... Parking Space Calculation B. 396 ......................................................................... Rounding of Numeral Requirements A. 396 ....................................................................... Rules of Measurement ction 60.600.020Se 396 ................................................... ............................................. Rules of Construction B. 396 .................................................................................................................... Purpose A. 396 ........................................................................ Rules of Construction Section 60.600.010 396 ................................................................. ................................ Definitions Chapter 60.600 395 ................................................................................................................... Penalties I. 394 ............................................................ Enforcement After Expiration of Time Period H. 394 ............................................................................... ............. Discontinuance of Work G. 394 ..................................................................................................... Notice of Violation F. 393 .......................... ............................................................... Investigation of Violations E. 393 .................................................................................................... ............ Notification D. 393 ..................................................................................................... Types of Violation C. 392 ...................................... .................................................. Policy on ComplianceCity B. 392 ............................................................................................................ Responsibility A. 392 ..............................................Violations, Enforcement, and Penalties Section 60.500.090 391 .................................................................... ............................ Nonconforming Signs J. 389 ..................................................................................... Nonconforming Site Feature I. 388 ....................... ............................................................................. H. 387 ............................... Nonconforming Structure Created by Flood District Regulations G. 386 .......................................................................................... Nonconforming Structure F. 383 ........................................................................ .......................... E. 383 ................................................................ Conditions on Nonconformities D. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 General Applicability: Section 60.100.030A General Provisions: Chapter 60.100 .ederal lawftate, or sCity, County, result in a violation of employee may knowingly issue a development permit or license if such issuance would . No City official or ederal lawftate, or s, ountyC ,ityCult in a violation of would res it f. No development may be approved iin the City applies to all development UDCThis shall be put into effect. UDCthe appropriate governing body, the outside the established municipal limits where, through joint legislative agreement with areas and in any applies within the municipal limits of the City of Rochester UDCThis General Applicability A. PPLICABILITY A Section 60.100.030 .ainage ways, and ridge lines; and natural topographic featuresfloodplains, watercourses, drcompatible with, preserves, and enhances sensitive natural areas such as steep slopes, s i Rochester’s natural ecosystem by requiring planning, design, and development that to the natural environment with minimal disturbance to Sensitively fit the built environment in F. andcommunity; Reduce greenhouse gas emissions and prepare for the impacts of climate change on our E. infrastructure requirements; Facilitate the adequate provision of transportation, schools, parks, and other public D. Rochester;and enhance the appearance and quality of development in cultural resources Safeguard C. reduce congestion;and types; regulate the location, height, bulk, and size of buildings; provide for a variety of housing e Rochester Comprehensive Plan that Establish and apply zoning districts guided by th B. Rochester Comprehensive Plan and other adopted plans; those set forth in theImplement the policies, goals, and strategies adopted by the City of Rochester, including A. y owners. This UDC also is intended to:Rochester, while also protecting the rights of propertproviding appropriate and reasonable controls for the development and use of lands in general purpose of this UDC is to promote the public health, safety, and welfare by The URPOSE P Section 60.100.020 ”.CodeSubdivision “or the ”,CodeZoning “the ”,CUD“the ”,CodeUnified Development “and may also be cited or referred to as the ”CodeUnified Development Rochester“shall be known, cited, and referred to as the CThe ordinance codified in this UD ITLE T Section 60.100.010 General Provisions Chapter 60.100 1 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 Applicability General: Section 60.100.030A General Provisions: Chapter 60.100 7, Heritage Preservation, of the Rochester Code of Ordinances. -4Chapter Commission, and 9, Planning and Zoning -Chapter 2in its entirety This UDC repeals and replaces Repeal of Chapter in Rochester Code of Ordinances B. .Manual for the City of Rochester, as was amended and supplemented, is hereby repealed. The previous Land Development unless specifically stated otherwise in this UDC enactmentThis UDC supersedes all other general and permanent ordinances enacted prior to its of Land Development Manual Repeal A. ULES R RANSITION T Section 60.100.050 Ranges. authorize standards for the regulation of Indoor Gun and MN Rules 7030 §87A.08, subd. 1(a) Minn. Stat. chester.reas within the City of Roa management of “Shoreland” and “Floodplain” and 105 authorize minimum standards and criteria for the ,104103, . sMinn. Stat. Chprograms. Minn. Stat. Ch. 471.193, authorizes cities to establish and carry out heritage preservation . sestablish a Zoning Board of Appeals, enact official controls, and provide penalties for violation462, authorizes the municipality to administer planning and zoning activities, .ChMinn. Stat. UTHORITY A Section 60.100.040 .UDCwith the provisions of this development will complyapplicant to provide the necessary information that will show that the proposed , the burden shall be upon the UDCFor all applications filed under the regulations of this .tions of approval imposed upon those permits or certificatescomply with any condibeginning any development activity to obtain any necessary permits or certificates and to and other persons involved in any development, before ,subcontractors, buildersresponsibility of all property owners, architects, contractors, It shall be the Compliance Required B. may be enforced by the City as if they were fully set forth in this UDC.and UDC shall be deemed to be part of thisresolution of the City Council are adopted byand any standards or regulations related to this UDC that Any appendices to this UDC .UDCsame force and effect as the text of this and given the UDCare hereby made a part of this in this UDC Tables and illustrations prohibited by State or Federal law. shall govern UDCs, the provisions of this imposes greater restriction UDCpermits previously adopted or issued pursuant to law. However, wherever this or ,, ordinancesseasements, covenants, deed restrictions, agreements, rules, regulational, abrogate, annul, impair, or interfere with any existing to repe UDC is not intended The 2 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Authority Section 60.100.040 Compliance Required: Section 60.100.030B General Provisions: Chapter 60.100 with this UDC, it shall no longer be deemed a violation. Unpaid fees and/or penalties from e prior development regulations fully complies If a development or activity in violation of th F. .UDCApplications shall not be processed under a combination of prior regulations and this be reviewed and decided under this UDC. applicant requests that the applicationunless the complete regulations in effect when the application was determined to beDevelopment Director prior to the effective date of this UDC may be decided under the A development application that has been determined to be complete by the Community Pending Applications E. .Modifications to Approved Conditional Use Permits ,Section 60.500.050A.5approved Planned Unit Developments shall be reviewed and decided pursuant to amendments to approvals until they are amended or replaced, except that thosebe governed by the terms of \[the effective date of this Code\]City before approved by the2, and 3, Planned Unit Developments Without limiting the generality of Subsections 1, .Modifications to Approved Conditional Use Permits ,60.500.050A.5 Sectionreviewed and decided pursuant to development plan, the proposed amendment will be to amend an approved site or do not specify the procedure or criteriaWhen regulate the development or redevelopment of those lands to which they apply. shall remain in effect and shall )DistrictCampus the Medical as collectively referred to are hich w( 4052, and 3534, 3669, 6272regulations approved by Ordinances number , development above Without limiting the generality of Subsections 1, 2, and 3 the amendment.development standards in effect at the time of submission of a complete application for eviewed based on the or other form of approval issued under prior regulations shall be rUnless otherwise provided in the initial approval, any proposed amendment to a permit subject to the procedures and standards of this UDC., any subsequent development of the site shall be revoked, or otherwise becomes invalid, is any required time frame withinbeing established without If the prior approval expires regarding ongoing operations and maintenance. UDCexpired and the development complies with any applicable standards of this ot development standards in effect at the time of approval, provided the approval has nmay be carried out under the terms and conditions of the approval and the UDC Any development approved under regulations in effect prior to the effective date of this valsPrior Development Appro D. .UDCto any parcel prior to the date of adoption of this development plans, use permits, variances, stipulations, and conditions that currently apply This UDC adopts and incorporates by reference the stipulations and conditions from Adoption of Existing Conditions of Approval C. 3 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Transition Rules Section 60.100.050 Adoption of Existing Conditions of Approval: Section 60.100.050C General Provisions: Chapter 60.100 ce, resolution, motion or other action.attached to, or referenced in, any such ordinanCommunity Development Director is authorized to correct any clerical error in any document resolution, motion, or other action taken by any public body pursuant to the UDC. The clerical error in an ordinance, The Community Development Director is authorized to correct any RRORS E LERICAL C Section 60.100.080 declared invalid or unconstitutional.or phrases may be clauses,nces, one or more sections, subsections, subdivisions, senteor portion irrespective of the fact that any phrase,subsection, subdivision, sentence, clause, and each section, UDCCouncil hereby expressly declares that it would have adopted this or its application to other persons and UDCthe remaining portions of this inapplicable in any way to the City, for any reason, such decision shall not affect the validity of or United States Constitutions, or Minnesotalaw, unconstitutional under the sotaMinneunder application of it to any person or place is held by a court of competent jurisdiction to be invalid or the UDCIf any section, subsection, subdivision, sentence, clause, phrase, or portion of this EVERABILITY S Section 60.100.070 ” or to the “effective date” shall refer to C UDC to the “effective date of this UD All references in this \].of the UDC insert effective dateThis UDC shall become effective on \[ ATE D FFECTIVE E Section 60.100.060 egulations, as determined by the Community Development Director.violator under the prior rprior enforcement of violations may still be valid and may remain the responsibility of the 4 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Effective Date Section 60.100.060 Prior Violations: Section 60.100.050F General Provisions: Chapter 60.200 Overlay Districts Holding Zone --H Interim Zone --I Holding Zone --H --SI Industrial --2 -M Light Industrial --LI Commercial IndustrialMixed --1 -M Business Park --BP Low Intensity Mixed Commercial Industrial --3 -M Residential Districts-Non Business, and Medical subdistricts)Use Downtown (Fringe, Mixed --D -MX Business, and Medical, subdistricts)Developm ent Core (Fringe, Central --CDC Corridor, and Village subdistricts)Oriented Development (Node, -Transit –T -MX Corridor subdistricts)Oriented Development (Node and -Transit –TOD Use Institutional Mixed --I -MX Mixed Redevelopment --MRD Use General Mixed -- G-MX --4 -B Use Center Mixed --C -MX -- Use Street Oriented Mixed --S -MX Restricted Commercial --1 -B Mixed Use --N -MX Residential Commercial --5 -B Pedestrian Oriented Restricted Commercial --2 -B Use Districts Mixed High Density Residential --4 -R subdistrictCentral Development Core Residential --CDC High Density Residential --4 -R Medium Density Residential --3 -R Medium Density Residential --3 -R Low Density Residential Infill --2x -R Residential ExtraLow Density --2x -R Low Density Small Lot --2 -R Low Density Residential --2 -R Family Extra-Mixed Single --1x -R Family-Mixed Single --1 -R Family Overlay-Mixed Single --Sa -R Family-Mixed Single --1 -R Agriculture --AG Agriculture -AG DistrictsAgricultural and Residential Prior District Name Summary Table of Zoning Districts 1-200.01Table .are hereby established 1-200.01Table The zoning districts shown in Summary Table of Zoning Districts A. DSTABLISHE E ISTRICTS D ONING Z Section 60.200.010 Zone Districts Chapter 60.200 5 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Summary Table of Zoning Districts: Section 60.200.010A Zoning Districts Established Section 60.200.010 Zone Districts: Chapter 60.200 --FPO Floodway District --FW Flood Prone District --FP Flood Fringe District --FF Decorah Edge Overlay --DEO Decorah Edge Overlay District (Olmsted County Shoreland District Overlay --SDO Heritage Preservation Overlay –HPO Code Section 4.7)Heritage Preservation Overlay District (Rochester Airport --APO (freestanding ordinance)Rochester International Airport Zoning Ordinance .centerlinecourses, the zone boundary shall be construed as moving with the channel or other water ,event of a natural change in the location of such streams, riverswater courses taken at mean low water, and in the those line of the channel centeror other continuously flowing water courses shall be construed as following ,riversoundaries shown as following or approximately following the centerline of streams, B e. .nstrued to lie midway between the main tracks of such railroad linescooundaries shown as following or approximately following railroad lines shall be B d. .lot linesthose as following oundaries indicated as approximately following platted lot lines shall be construed B c. .centerlinesthose or alleys shall be construed to follow , oundaries indicated as following or approximately following the center lines of B b. .boundariesthose extraterritorial jurisdiction boundaries shall be construed as following pproximately following governmental incorporation or oundaries indicated as aB a. precise location of any zone boundary shown on the Official Zoning Map: shall use the following rules Community Development DirectorThe Boundary Interpretation B. the City Clerk is able to access that map.sure that shall en Council andso that it reflects all amendments approved by Zoning Map shall be responsible for maintaining the Official Community Development DirectorThe .reflects all amendments to the map approved by Council and maintained on the City’s website those districts established by this UDC that is reflecting the boundaries of map eis the latest version of th MapZoning The Official . UDC, is made a part of this that mapon , together with all explanatory materials contained thatZoning Map Rochester Officialare bounded and defined as shown on the UDCZoning districts established by this General A. AP M ONING Z FFICIAL O Section 60.200.020 6 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General: Section 60.200.020A Official Zoning Map Section 60.200.020 Zone Districts: Chapter 60.200 .subd. 2(2)use of property under Minn. Stat. 462.357, considered a not boundary determination is ection, a zoning district For the purposes of that S ., AppealsSection 60.500.030F.2 above as described in 1 Subsection garding a zoning district boundary underre DirectorCommunity Development may appeal the decision of the A property owner or applicant Where multiple districts apply on a lot, the standards applicable to the majority of the j. at such distances there from as are shown on the map. features andthose parallel to above shall be construed to be eightthrough oneof the features listed in paragraphs oundaries indicted as separated from, and parallel or approximately parallel to, any B i. .determined by accepted surveying practicecontour as particular type shall be construed as following the actual height or soil oundaries indicated as following the contours of certain elevations or soils of a B h. .linesthose lines shall be construed as following es, half section lines, or quarter section oundaries shown as following section linB g. .waterline, shall be construed as moving with the actual mean high waterlinelake, and in the event of change in the mean high the the mean high waterline of wing shorelines of any lake shall be construed to follow oundaries shown as folloB f. 7 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Boundary Interpretation: Section 60.200.020B Official Zoning Map .020Section 60.200 Zone Districts: Chapter 60.200 and urbanized areas of the community.ensely populated rural planted areas, and detached residential uses surrounding more dis characterized by open areas of land, large It in annexed undeveloped areas. useslarge lot rural residential and agricultural accommodateto intendeddistrict is The AG Purpose Agricultural -AG A. ISTRICTS D ASE B Section 60.200.030 8 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ralAgricultu -AG : Section 60.200.030A Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 45 eAccessory Structur E 35 D Building/Structure Height 25 Rear C 16 Side YardsInterior Minimum Sum of 12 Street Side 6 or Side Interi B 02 Front A )in feet Building 60 feet Lot Width 35 Acres Lot Area Lot Dimensions (Minimum) Lot and Building Standards AG 1-200.03Table Dimensional Standards 9 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Agricultural -AG : Section 60.200.030A Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 areas through the efficient use of the existing housing stock and infrastructure.fill development in established -This district also provides opportunities for in .permittedial are density resident-lowUses supportive and in character with various styles.family dwellings of -where the emphasis is generally on the development of singleintended to maintain and promote areas of low residential density 1 district is -The R Purpose Family-Mixed Single – 1-R B. 10 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Family-Mixed Single –1 -R: Section 60.200.030B Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 24 feet for Accessory Dwelling Units. \[1\] NOTES \[1\] 51 Accessory Structure 35 D Building/Structure Height 20 Rear C 12 Side YardsInterior Minimum Sum of 12 Street Side 5 SideInterior B 15 Front A Building Setbacks (Minimum in feet) 0 feet6 Lot Width ,000 sq. ft.5 Lot Area Lot Dimensions (Minimum) Lot and Building Standards1 -R 2-200.03Table Dimensional Standards 11 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Family-Mixed Single –1 -R: Section 60.200.030B Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 .character of the area are permittedconsistent with the s, and compatible infill development, residential use-non. Certain supportive dwellings and other attachedduplexes family detached dwellings to -predominantly singleare undergoing a conversion from density or-dwelling types that are of an overall lowdistrict is intended to maintain and promote areas with a mixture of residential 2-The R Purpose Low Density Small Lot – 2-R C. 12 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Low Density Small Lot –2 -R: Section 60.200.030C Base Districts Section 60.200.030 tsZone Distric: Chapter 60.200 24 feet for Accessory Dwelling Units.\[1\] NOTES \[1\] 15 Accessory Structure 35 D Building/Structure Height 10 Rear C 10 Side YardsInterior Minimum Sum of 11 Street Side 0 SideInterior B 15 Front A Building Setbacks (Minimum in feet) feet 30 Lot Width 3,000 sq. ft. Lot Area Lot Dimensions (Minimum) Lot and Building Standards2 -R 3-200.03Table Dimensional Standards 13 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Low Density Small Lot –2 -R: n 60.200.030CSectio Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 provided within the district.s may be residential use-non. Certain supportive texisting characteristics of developmenhe established to support residential infill and reinvestment that is compatible with tdensity near the downtown core. This district is -to medium -dwelling types of overall lowdistrict is intended to maintain and promote areas with a mixture of residential 2x-The R Purpose Low Density Residential Infill –x 2-R D. 14 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota y Residential InfillLow Densit –2x -R: Section 60.200.030D Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 .Section 60.400.070F into modules consistent withlength facing any public street shall be divided Each façade longer than 50 feet in b. limited to 80 feet.The maximum length of a multifamily building façade facing any public street shall be a. Additional Requirements \] 24 feet for Accessory Dwelling Units.1\[ NOTES \]1\[15 Accessory Structure E 54 D Building/Structure Height 20 Rear C 21 Side YardsInterior Minimum Sum of 01 Street Side 6 SideInterior B 20 Front A Building Setbacks (Minimum in feet) feet 30 Lot Width ,000 sq. ft.2 Lot Area (Minimum)Lot Dimensions Lot and Building Standards2x -R 4-200.03Table Dimensional Standards 15 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Low Density Residential Infill –2x -R: Section 60.200.030D Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 .are permittedcharacter of the area , consistent with the civic usess and residential use-nonsupportive redevelopment. Certain density-higher re is awhere the areasdensity -or existing low density areas-. It is appropriate for mediumdwellings residential multifamilyredominantly to maintain and promote pdistrict is intended 3-The R Purpose ntialMedium Density Reside –3 -R E. 16 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Medium Density Residential –3 -R: Section 60.200.030E Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 is located, whichever is greater. it whicha multifamily dwelling building in fpercent of the gross floor area of the ground floor oNo commercial use shall have a gross floor area greater than 2,500 square feet, or 50 Additional District Standards 52 Accessory Structure 84 D Building/Structure Height 25 Rear C 16 Side YardsInterior Minimum Sum of 12 Street Side 6 SideInterior B 20 Front A Building Setbacks (Minimum in feet) 30 feet Lot Width 3,500 sq. ft. Lot Area Dimensions (Minimum)Lot Lot and Building Standards3 -R 5-200.03Table Dimensional Standards 17 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Medium Density Residential –3 -R: Section 60.200.030E Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 uses of similar intensity.civic and Residential-Nonand supportive commercialcertain the highest intensity along with of dwellings residential multifamilyand promote district is intended to maintain 4-The R Purpose High Density Residential –4 -R F. 18 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota High Density Residential –4 -R: Section 60.200.030F Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 is located, whichever is greater.it which a multifamily dwelling building in fpercent of the gross floor area of the ground floor o, or 50 use shall have a gross floor area greater than 2,500 square feet commercialNo Additional District Standards 25 Accessory Structure 115 D Building/Structure Height 15 Rear C None Side YardsInterior Minimum Sum of 7 Street Side 10 SideInterior B 15 Front A Building Setbacks (Minimum in feet) 60 feet WidthLot 6,000 sq. ft. Lot Area Lot Dimensions (Minimum) Lot and Building Standards4 -R 6-200.03Table Dimensional Standards 19 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota High Density Residential –4 -R: Section 60.200.030F Base Districts Section 60.200.030 Zone Districts: Chapter 60.2 and design.friendly uses -and supporting pedestrian commercial areasscale -neighborhoodaccess to and transit ,to the vitality and health of the community by providing walking, bikingistrict contributes d, the f residential districtsnear or at the edges oon corners Typically, and residential uses in areas adjacent to more traditional residential districts. commercialintensity -district is intended to maintain and provide for a mix of low N-The MX Purpose Use Neighborhood Scale Mixed –N -MX G. 20 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Neighborhood Scale –N -MX: Section 60.200.030G Base Districts Section 60.200.030 : 00 Chapter 60.200 feet.gross floor area greater than 5,000 square shall have a residential use-nonNo -of NonSize Maximum a. Standards Additional District \[1\] 24 feet for Accessory Dwelling Units. NOTES 15 \[1\] Accessory Structure 24 D Building/Structure Height 5 Rear C 10 Side YardsInterior Minimum Sum of 7 Street Side 5 SideInterior B (maximum)None to 15 Front A in feet)or Maximum, Building Setbacks (Minimum None Lot Width None Lot Area Lot Dimensions (Minimum) Lot and Building Standards N-MX 7-200.03Table Dimensional Standards 21 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Neighborhood Scale –N -MX: Section 60.200.030G Base Districts 60.200.030Section Zone Districts: Chapter 60.200 uses and design.friendly -and supporting pedestrian areas local commercialbiking, and transit access to district contributes to the vitality and health of the community by providing walking, This .zone districtsresidential streets near or at the edges of uses that are located along commercialintensity -to midlow promotedistrict is intended to maintain and S-The MX Purpose Oriented-Use Street Mixed –S -MX H. residential street. Localgenerated by the use onto a majority of the traffic or channel a points fromnot have vehicle access Uses shall Uses Civicand Institutional, Public, for Access Requirements b. 22 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented-Mixed Use Street –S -MX: tion 60.200.030HSec Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 24 feet for Accessory Dwelling Units.\[1\] NOTES 15 \[1\] Accessory Structure 36 D Building/Structure Height None Rear C None Side YardsInterior Minimum Sum of 7 Street Side None SideInterior B (maximum)None to 15 Front A in feet)or Maximum, Building Setbacks (Minimum None Lot Width None Lot Area Lot Dimensions (Minimum) StandardsLot and Building S -MX 8-200.03Table Dimensional Standards 23 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : 0 Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 . scale that is compatible with surrounding residential neighborhoodsDevelopment shall be at a walkable retail, civic and community, and accessory uses.s such as lodging, offices, residential use-nondevelopment and compatible residential density -friendly areas of medium-to provide for pedestrianC district is intended -The MX Purpose Use Center Mixed –C -MX I. 24 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Center –C -MX: Section 60.200.030I Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 \[1\] 24 feet for Accessory Dwelling Units. NOTES 15 \[1\] StructureAccessory 84 D Building/Structure Height 7 Rear C None Side YardsInterior Minimum Sum of None Street Side None SideInterior B 15 Front A Building Setbacks (Minimum in feet) None Lot Width None Lot Area Lot Dimensions (Minimum) Lot and Building StandardsC -MX 9-200.03Table Dimensional Standards 25 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Center –C -MX: Section 60.200.030I Base Districts Section 60.200.030 trictsZone Dis: Chapter 60.200 community.the entire region or inresidents number of largea sized and intended to servegenerally Uses in the district are .or service is infrequent available,where transit is not locationintersection either a street frontage or an , oriented toward tcommercial developmenintensity -to high -middistrict is intended to provide for areas of concentrated G-The MX Purpose Use General Mixed –G -MX J. 26 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota –G -MX: 0.200.030JSection 6 Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 uses in that area of the building occupying the street level frontage. permittedare part of the business operation are thatwholesale, or office activities Retail, c. and ;assembling activities (including space occupied by the machine operators)mechanical equipment or machinery engaged in manufacturing, finishing, or o more than 50 percent of the gross floor area of any building shall be occupied by N b. ;buildingIndustrial uses shall not occupy the ground floor street frontage of any a. Standards Additional District 25 Accessory Structure 06 D Building/Structure Height None Rear C None Side YardsInterior Minimum Sum of 7 Street Side None SideInterior B 15 Front A Building Setbacks (Minimum in feet) None Lot Width None Lot Area Lot Dimensions (Minimum) Lot and Building StandardsG -MX 10-200.03Table StandardsDimensional 27 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota –G -MX: Section 60.200.030J Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 ownership., regardless of public or private research centersresort complexes, and , medical centersbuildings such as universities and colleges, campus types uses involving multiple related profit, and other -noncivic, institutional,accommodate intended to district is I-The MX Purpose Use Institutional Mixed –I -MX K. 28 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Institutional –I -MX: Section 60.200.030K Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 52 Accessory Structure 07 D Building/Structure Height 8 Rear C None Side YardsInterior Minimum Sum of 7 Street Side 10 SideInterior B 15 Front A Building Setbacks (Minimum in feet) None Lot Width None Lot Area Lot Dimensions (Minimum) Lot and Building Standards I-MX 11-200.03Table Dimensional Standards 29 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Institutional –I -MX: Section 60.200.030K Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 ommercial uses.csupporting parking garages enclosed by other uses, as well as freestanding residential and T subdistricts in order to accommodate large - buildingslonger and rIt permits talleride facility. -and-that are in close proximity to a City park areasfor is intended subdistrict andintensity -T Village subdistrict is the highest-The MX Purpose of Village Subdistrict c. is primarily characterized by development butubdistrict contains mixed use This s. neighborhoodsTOD developments and -Corridor subdistrict and the adjacent nonbetween the in building height, development density, and range of uses a transition create to intendedintensity subdistrict. It is -the mediumis ubdistricts Node T-The MX Purpose of b. frontages.density residential uses. Ground floor commercial uses will occur along most street -quarter mile from the station. It includes high intensity businesses and high-than onensit stations and generally extends no more for areas adjacent to the traintended . It is the least intensive of the three subdistrictsis ubdistrictsT Corridor -The MX Purpose of Corridor Subdistrict a. .three subdistricts as described belowT district has -The MX. ould interfere with transit ridershipdevelopment that cand types of pedestrian activity, promote the use of transit, and discourage land uses support vibrant requires intensities and patterns of development that It. (TOD) oriented development-supportive and transit-opportunities for transit provideintended to T district is -The MX Purpose Oriented Development-Transit –T -MX L. 30 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –T -MX: Section 60.200.030L Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 district.2 -1 or R-districts shall be provided on any lot abutting a side lot line of the R\[1\] A front yard or street side yard equal in width to the front yard required in the adjacent residential zoning NOTES 300 300 300 Length Building 30 30 30 StructureAccessory 95 85 65 D (Maximum in feet) and Length Building/Structure Height 5 0 5 Rear C 5 0 10 Side YardsInterior Minimum Sum of 2 2 2 Street Side 5 0 5 SideInterior B 0 0 0 \[1\] Front A Building Setbacks (Minimum in feet) None None None Lot Width None None None Lot Area Lot Dimensions (Minimum) Village Node Corridor Subdistricts Lot and Building StandardsT -MX 12-200.03Table Dimensional Standards 31 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –T -MX: Section 60.200.030L Base Districts Section 60.200.030 Zone Districts: Chapter 60 way.-of-the street or right pedestrian entrance andpedestrian area located between the -through a garage, parking lot, or a nondirect access to the adjacent sidewalk without requiring pedestrians to pass Each required pedestrian entrance shall open directly to the outside and have .way-of-single pedestrian entrance facing that public rightthis standard, a maximum of two abutting ground floor tenants may share a way. As an exception to -of-least one pedestrian entrance facing that public right25 feet of frontage or more shall have at each ground floor tenant space with way, -of-floor tenant spaces facing a public right-If there are multiple ground have frontage on the pedestrian entrance shall face the front lot line.the required entrance shall face those streets. If the lot does not Ave. SE, rd 3St. SE or th 12, SE N. and S. Broadway, 2nd St SW, 4th St SE/Collegeview Rd.way. If the lot has frontage on those portions of -of-façade facing a public rightprimary structure shall have at least one pedestrian entrance on each Each Building Entrances d. SE/Collegeview Rd. shall be a minimum of 40 feet in height.located within 100 feet of N. and S. Broadway Ave, 2nd St SW, and 4th St. , portions of new primary structures and Village subdistricts Node T-MXthe In 25 feet in height. a minimum ofwithin 100 feet of N. and S. Broadway Ave, 2nd St SW., and 4th St SE shall be Corridor subdistrict, portions of new primary structures located T-MXthe In Minimum Building Height c. .Site and Building Design, Section 60.400.070Additional standards on building design can be found in .Pedestrian Oriented Space, Section 60.400.040D.11.dwith e in compliance structure shall be occupied with pedestrian oriented spacSetback areas between a public or private street (excluding alleys) and the Building Design b. .easement distance required by the recordedof each primary building shall be located no further than the minimum façadeeasement requires a larger setback, at least 65 percent of the first floor of the front feet from each front lot line. In cases where a recorded 5be located not more than 1of each primary building shall façadeAt least 65 percent of the first floor of the front Building Placement a. Standards Additional District 32 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –T -MX: Section 60.200.030L Base Districts Section 60.200.030 Zone Districts: .200 Chapter 60.200 structure. primarypedestrian entrance in each accessiblebetween at least one feet in width shall be provided fivepedestrian walkway at least accessiblen structure, a primaryWhere a lot or development site includes more than one paving material, color, or height, decorative bollards, or similar elements.ot, the crossing shall be clearly marked with a change in aisle, or parking lWhere a sidewalk, trail, or other walkway crosses a street, driveway, drive building entrance.At least one walkway shall be provided from an adjacent sidewalk to each .the streetfeet in width shall be located between the sidewalk and fiveleast feet in width, and a planting strip at sevensidewalks shall be a minimum of ubsection (a) above,Sin listedthose On property fronting any street other .the streete located between the sidewalk and shall bminimum of 10 feet in width, and a planting strip at least five feet in width sidewalks shall be a Ave. SE, rd St. SE, or 3 th 12, SE St./Collegeview Dr.On property fronting N. or S. Broadway, SW. 2nd. St, or SE. 4th the following standards:ly with Sidewalks shall be provided on both sides of the street, and shall comp time.provisions will be available on the adjoining lot within a reasonable period of access -requirement if the Director determines that it is unlikely that the crossust or waive this development on adjoining lots. The Director may adjdevelopment and the circulation systems of existing or allowable future access between the circulation systems of the proposed -and pedestrian crossvelopment shall be designed to allow vehicular, bicycle, systems") of each deThe internal vehicular, bicycle, and pedestrian circulation systems ("circulation Sidewalks, Pedestrian Circulation, and Vehicular Connectivity f. .tinted windowsshall not include reflective or heavily higher andmittance ratio of 0.6 or transRequired ground floor window or glazed areas shall have a visible light as measured between three and eight feet above each floor level.30 percent or more of each floor level of the façade above the ground floor, above sidewalk grade; and feet eightthree and 65 percent or more of the ground floor façade area, as measured between transparent windows or other transparent glazed area covering:way shall have -of-Each façade of a primary building facing a public right Windows e. 33 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –T -MX: Section 60.200.030L Base Districts n 60.200.030Sectio Zone Districts: Chapter 60.200 pedestrian access to the transit accessibledesigned to provide convenient dary no further than 300 feet that is located and nearest transit stop bounoriented street or walkway system extending from the -One pedestrian following:shall designate the I.1ubsection SThe General Development Plan required by by arterial or collector streets.Village or Node T-MXther portions of the Node bounded that is separated from o T-MXll of the property in common or related ownership within a portion of the A , or Villageor Node T-MXthe withinll of the property in common or related ownership A , oror Village Node T-MXll of the property in the A :eitherabove shall cover I.1 ubsection by SThe General Development Plan required permit for construction of a new primary structure.or issuance of a building Site Development PlanPlan prior to approval of a approval of a General Development common or related ownership) shall obtainmore than 10 acres of site area (taken individually or with adjacent parcels in that contains Village subdistrict T-MXor Node T-MXEach property located in a RequiredGeneral Development Plan j. properties. or nearbyplan and with any other approved connectivity plans for abutting City has approved that plan as consistent with the goals of the comprehensive maintained through the consolidated or subdivided parcel or parcels, and the motor vehicle connectivity will be andhigh level of pedestrian, bicycle, the applicant has submitted a General Development Plan demonstrating that a shall be approved, unless lots shall be approved, and no subdivision of existingrger into a parcel of one acre or laexisting lots more or two of consolidation No Consolidation or Subdivision of Existing Lots i. govern.District shall T-MX, the provisions of this Design and Accessibility standardsn District are in conflict with the Pedestria T-MXWhere the standards of the .Pedestrian Design and Accessibility, 60.400.040D.11Section District shall comply with T-MXAll developments in the Pedestrian and Site Design Standards h. Parking.Bicycle , Section 60.400.080Mas required in Bicycle parking shall be provided Bicycle Parking g. 34 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –T -MX: Section 60.200.030L tsBase Distric Section 60.200.030 Zone Districts: Chapter 60.200 .Protection Standards Neighborhood, Section 60.400.020FStandards on neighborhood protection can be found in Neighborhood Protection Standards k. oriented street or walkway system.-pedestriannated District without crossing the desig T-MXstreets within or adjacent to the automobiles convenient access to that park and ride from collector or arterial , the General Development Plan shall include a street providing Village T-MXor Node T-MXcluded in the designated park and ride is in-If a city stop without requiring pedestrians to cross or walk along an arterial or 35 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –T -MX: Section 60.200.030L Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 on pedestrian amenities.and entertainment uses, with an emphasis ,integrated retail, financial, office, servicehighest intensity of concentrated and for the dedt is intenlan. IRochester Master PDowntown of the D Business subdistrict is intended to promote the goals -The MX Purpose of Business Subdistrict c. .al campus vicinity of the St. Mary’s Hospital and medic, in the uses, along with related supporting uses public-quasiand major public and to preserve and enhance medical facilities dedinten is subdistrictD Medical -The MX SubdistrictMedical Purpose of b. subdistrict.uses that are necessary or tend to support and enhance the activities within the D Fringe subdistrict is intended for less intensive commercial and service -The MX Purpose of Fringe Subdistrict a. :below described as districtssub three has districtD -MXThe downtown area. a vibrantthat optimize public facilities and contribute to institutional development within the City, resulting in a mixture of uses nd a ,residentialto provide for the highest intensity of commercial, intended is district D-The MX Purpose Mixed Use Downtown –D -MX M. 36 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Downtown –D -MX: Section 60.200.030M Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 2 district.-1 or R-provided on any lot abutting a side lot line of the Rzoning districts shall be \[1\] A front yard or street side yard equal in width to the front yard required in the adjacent residential NOTES 30 30 30 Accessory Structure H 235 185 135 G Building/Structure Height (Maximum in feet) None None None Rear F None None None Side YardsInterior Minimum Sum of E None None None Street Side None None None SideInterior D None None None \[1\] Front C Building Setbacks (Minimum in feet) None None None Lot Width B None None None AreaLot A Lot Dimensions (Minimum) Business Medical Fringe Subdistricts Lot and Building StandardsD -MX 13-200.03Table Dimensional Standards 37 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Mixed Use Downtown –D -MX: Section 60.200.030M Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 to adjacent residential development.connectivity with the intent that such development will be compatible with and connected and requirements for ,and lighting ,generation, restrictions on outside storage, signsmaximum rate of trip level -level and individual site-parkgeneral of landscaping, a district is intended to accommodate business park development with high levels The BP Purpose Business Park –BP N. 38 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Business Park –BP : Section 60.200.030N Base Districts Section 60.200.030 Zone Districts: Chapter 60 If within 100 feet of a residential district, then the maximum height shall be 35 feet for all structures.\[3\] may be reduced to 0 feet when abutti setbackRear \[2\] Development Plan, or permanent open space that limits the inclusion of other abutting lands.topographic constraints, existing development, land already included in an approved General streams, or other \[1\] Except for sites that are bounded on all sites by arterial or higher level streets, NOTES None Accessory Structure \]3\[ None Primary Structure D (Maximum in feet) Building/Structure Height \[2\] 10 Rear C None Side YardsInterior Minimum Sum of 12 Street Side None SideInterior B 25 Front A Building Setbacks (Minimum in feet) None Lot Width \[1\] acres 5 Lot Area Lot Dimensions (Minimum) Lot and Building StandardsBP 14-200.03Table Standards 39 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota –BP : Section 60.200.030N Base Districts Section 60.200.030 Zone Districts: .200 Chapter 60.200 .Residential Districtlocated within 200 feet of shall be Self Service Storage Facilities No Service Storage Facilities Self c. .Residential District anresidential areas and shall not be located within 200 feet of Exterior storage areas must be screened from view from adjacent streets and b. level air quality permits are permitted uses in the BP district. ederalftate or sobtain regulations to ederalftate or sare not required by that Only those light industrial uses Light Industrial Uses a. Standards Additional District 40 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Business Park –BP : 60.200.030NSection Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 proximity to residential areas.thoroughfares, and with an adequate level of buffering, could be located in reasonable thoroughfares providing direct access or a local street system with direct access to major are served by major thatimpacts, operational or traffic not generate significant adverse do thatdistrict provides an area for a mixture of commercial and industrial uses The LI Purpose –LI O. 41 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Light Industrial –LI : Section 60.200.030O Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 structures., then 50 feet maximum height for accessory Agricultural and Residential District nof a\] If within 100 feet 2\[ Rear Yard may be reduced to 0 feet when abutting a railroad.\[1\] NOTES \]2\[ None Accessory Structure E \]1\[ 40 D Building/Structure Height \[1\] 10 Rear C None Side YardsInterior Minimum Sum of 12 Street Side None SideInterior B 25 Front A Building Setbacks (Minimum in feet) None Lot Width None Lot Area Lot Dimensions (Minimum) Lot and Building StandardsLI 15-200.03Table StandardsDimensional 42 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Light Industrial –LI : Section 60.200.030O Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 needs of industrial, transportation, and manufacturing uses.serve the that mannerprovided in a cost effective and efficient improvements can be areas where different levels of infrastructure and transportation intended for. It is characteristics operational night operation, or other-laterelated activities, -rail, negative impacts they generate in terms of truck trafficthe of other districts becauseuses that are potentially incompatible with district is intended to accommodate The SI Purpose Special Industrial –SI P. 43 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Special Industrial –SI : Section 60.200.030P Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 structures., then 50 feet maximum height for accessory Agricultural and Residential District an\[1\] If within 200 feet of NOTES \[1\] None Accessory Structure 05 StructurePrimary D Building/Structure Height None Rear C None Side YardsInterior Minimum Sum of 12 Street Side None SideInterior B 25 Front A Building Setbacks (Minimum in feet) None Lot Width None Lot Area Dimensions (Minimum)Lot Lot and Building StandardsSI 16-200.03Table Dimensional Standards 44 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Special Industrial –SI : Section 60.200.030P Base Districts Section 60.200.030 e DistrictsZon: Chapter 60.200 for expansions to existing uses in existing buildings. except of land or existing buildings or structures shall be made for properties in the H districtstructure shall be erected, enlarged, or moved and no change in the use No building or Standards would be more appropriate for the property. 2-suggest that a district other than Ror the developed character of the area and the established land uses on the property signation of the property on the Rochester Future Land Use Map, modifications to the decould result in thatchanging conditions applicable to the property or the general area because of the designation of the property on the Rochester Future Land Use Map, annexed property would be inappropriate the for 2-ignation of Rthat the default desbe established on property if it is determined by the City mayThe Holding Zone district Applicability property.affords the City the opportunity to establish the appropriate zoning district for the reuse of land is not permitted and after annexation when permanent development orbeen made by the City at the time of annexation. This district provides a period of time annexed lands where the determination of the permanent zoning classification has not classification for certain recently The H district is intended to provide a temporary zoning Purpose Holding -H Q. 45 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Holding -H : 0Q Base Districts Section 60.200.030 Zone Districts: Chapter 60.200 history; City's cultural, social, economic, political, visual, or architecturalEncourage the preservation of properties and districts that reflect elements of the a. to the community and to:identify and safeguard properties that have historic value The HPO district is intended to Purpose Heritage Preservation Overlay –HPO C. of the city.ons of this Section 60.200.040B within the boundaries administer and enforce the regulatishall be the duty of the Community Development Director of the City of Rochester to Unless otherwise required by the Airport Zoning Ordinance referenced in Subsection 1, it dministrationA reby incorporated into this UDC.Ordinance, is heAirport Zoning in Subsection 1. That map, as amended from time to time pursuant to the referenced in and resulting from application of the Airport Zoning Ordinance referenced e APO district is the Rochester International Airport zoning map The map of th on the Minnesota Department of Transportation website. Rochester Community Development Department or review the airport ordinances posted To obtain the most recent Airport Protection Overlay ordinance please contact the UDC.this Ordinance. That Ordinance, as amended from time to time, is hereby incorporated into Ordinance may be amended from time to time through procedures described in that istrict are contained in Airport Zoning Ordinance Number 6, as that dction Overlay ProteAirport –The regulations, requirements, and procedures applicable to the APO District RegulationsAPO Airport Protection Overlay --APO B. UDC requirements apply.e district standards and any other applicable base zonthe an overlay district is silent, On topics where . the stricter overlay provision shall apply ,conflictcase of a the n s. Iprovisionto a property, development must comply with all overlay districts apply shall applyoverlay zone of the the provisions district, overlay of a base zone district and the provisions of an the provisions a conflict betweenIn the case of .Base Districts ,Section 60.200.030 inthe underlying base zone districts listed , but do not replace, supplement Section 60.200.040described in this These overlay districts licabilityGeneral App A. ISTRICTS D VERLAY O Section 60.200.040 46 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Applicability: Section 60.200.040A Section 60.200.040 Zone Districts: Chapter 60.200 Identification and Inventory of Properties heritage preservation program. books, pamphlets, policies, or other materials having a direct bearing on the text studies and other known publications, articles, investigations, historic conDevelop and maintain publicly available historic data, including surveys, the City's rich heritage;capacity to its citizens, and reflect the history of the many groups that make up for heritage preservation, act in an advisory Provide educational opportunities requests for Certificates of Appropriateness, involving designated properties. Review proposed development and alterations for submitted permits and heritage preservation program. be provided by the City pursuant to the loan funds, and other funds that may Recommend the allocation of such subsidies, tax abatements, grants, revolving .(landmarks) in the HPO propertiesesignated historic resources and Ensure that there is an updated list of all d possible designation. and City by identifying and evaluating properties for historic significance Prepare and maintain a comprehensive inventory of all properties within the and administration of the heritage preservation program. amendment,, consultation to the City for adoptionrecommendations and Provide The HPC shall: b. membership and operational requirements as described in Section 60.500.020E.The Heritage Preservation Commission (HPC) is hereby established, with a. Heritage Preservation Commission ritage Preservation Commission.of historic properties maintained by the He significance, including those designated as “landmarks” and those listed on the inventory The HPO district applies to all properties identified as having or likely having historic Applicability reusing buildings.Promote the environmental benefits of adapting and f. and general welfare of the people of the City; andPromote the preservation and continued use of historic properties for the education e. past; r civic pride in the beauty and notable accomplishments of theFoste d. attention to historic properties; Enhance the visual and aesthetic character, diversity, and interest in the City through c. heritage; character as related to its history andng its economic viability through the protection and promotion of its unique promotiEnhance the City's appeal and attraction to residents, visitors, and tourists while b. 47 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO : Section 60.200.040C Section 60.200.040 Zone Districts: Chapter 60.200 riteria: least one of the following cshall meet at workmanship, feeling, and association. Additionally, such properties historic integrity, based on location, design, setting, materials, maintained must have properties under consideration for landmark designationHistoric Landmark Property a. Evaluation Criteria for Landmark Designation reviews shall be pursuant to Section 60.500.060D destroy the historic integrity of the property, will be approved. Such permit of the property, only such alterations which will not character defining featuresFor partial demolition or alterations where proposed projects impact on the recommendation to the City Council for landmark designation, submit materials the demolition permit application, or at the time of HPC submittal of and if so, the Demolition Permit shall not be approved. The applicant may, upon recommended, the City Council shall determine whether designation will occur Landmark Property or Landmark District. If landmark designation is tion or Removal of designation pursuant to Section 60.500.040F, DesignaFor complete demolition, the property shall be evaluated for possible landmark shall: City, the Historic Property Inventoryis submitted for a property on the application ermit Pemolition Dmolition. If a provides protection from de Historic Property Inventory e. public review by the Community Development Department. The inventory of historic properties shall be established and maintained for the City Council pursuant to Section 60.500.030F.The HPC’s decision to place a property on the inventory may be appealed to designation is completed.or more of the criteria of Section 60.200.040C5 to support future landmark Property Inventory when a phase I survey documenting how the property meets one The Heritage Preservation Commission may place a property on the Historic d. shall be designated in the HPO district. Historic Property Inventory. The location of a property listed on the below Section 60.200.040C.5 criteria inevaluation objects, landscapes and/or districts located in the City that meet the s, siteis intended to identify buildings, structures, Historic Property InventoryThe c. ory.designation. This list shall be known as the Historic Property Inventmeet the criteria for landmark designation, but historic data preliminarily supports properties that have not yet been fully evaluated and determined to and resourcesa list of historic may compile and maintain Heritage Preservation CommissionThe b. City that have the potential to be designated landmark property. accept submittals of surveys, studies, or investigations of property located within the shall conduct, cause to be conducted, or Heritage Preservation CommissionThe a. 48 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO : Section 60.200.040C Section 60.200.040 Zone Districts: Chapter 60.200 a permit or approval under this UDC, or that requires a landmark district that requires Alterations to the exterior of any designated landmark or to any property within a b. decay of the property. All property owners shall maintain designated properties to prevent deterioration and a. PropertiesLandmark for Designated of Treatment Standards based.a landmark property no longer meets the criteria on which the designation was when , Designation or Removal of Landmark Property or Landmark District, 60.500.040FSection in A property owner may request removal of landmark designation, as described Removal of Landmark Designation Subsection 5 above.meets the criteria in when the property District Landmarkor Property of Landmark or Removal Designation , ESection 60.500.040FA property may be designated as a landmark, as described in Designation of Landmark Properties events.interrelationship, by plan or physical development, aesthetically or through past identified historically significant resources. These must be united or linked by their definable area that possess a concentration of -o be located in a geographicallyalsin Subsection a above, the majority of the contributing properties in the district must designation, in addition to meeting one or more of the criteria For a Landmark District b. city. a neighborhood, a district, the community, or the and familiar visual feature orIts location, scale, or other physical characteristics representing an established craftsmanship that represent a significant architectural innovation; or embodiment of elements of architectural design, detail, material, or Its recognized style or movement; -or internationally -development of a nationallyefforts have influenced the development of the city or have contributed to the Its identification as the work of an architect or master builder whose individual treatment; form, orIts embodiment of distinguishing characteristics of an architectural style, period, development of the city; Its identification with a person who significantly contributed to the culture and future landmark district. t of an existing or possible Its location within and contribution as an elemen Its location as a place of a significant historic event; or United States; state,characteristics of the city, Its character, interest, or value as part of the development, heritage, or cultural 49 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO : Section 60.200.040C Section 60.200.040 Zone Districts: Chapter 60.200 landmark district who has requested in writing a marker to install on their building. a standard design for any owner of a landmark property or property within a grants or other sources of funding, the City may provide a historic marker of Through b. character. use or enhance their historic and architectural -preserve, maintain, rehabilitate, reor technical assistance that will serve to development,programs related to financial, eligible for and have priority to participate in City incentive Designated properties are a. Incentives for Preservation, Rehabilitation, Restoration, or Reconstruction ., Designation or Removal of Landmark Property or Section 60.500.040F described indistrict shall be approved before the City Council removes the landmark designation as No Demolition Permit for a designated landmark or a contributing property to a landmark of Designated StructuresDemolition appropriate treatment to designated landmarks. treatment of historic properties will provide further guidance in the determination of for the Heritage Preservation CommissionLocal design guidelines adopted by the eservation Design Guidelines Rochester Heritage Pr e. project.applied taking into consideration the economic and technical feasibility of each mandated code requirements. In each case, the standards will be physical condition, historical significance, dependsapproach used The options include Preservation, Rehabilitation, Restoration, or Reconstruction.Treatment used to determine appropriate treatment for all designated landmarks. of Interior Standards for the Treatment of Historic Properties shall be The Secretary Standards Interior of Secretary d. preserved. and/or maintained, restored, be shall craftsmanship, or age of virtue by significance acquired have but original be not may that those including landmark, designated of elements defining Character Elements Defining Character c. ..2.b.6)Section 60.500.060Dlandmark district are permitted pursuant to Emergency repairs to a landmark property or contributing property in a .Section 60.500.060D.2.bpursuant to , unless exempted contributing property in a landmark districta landmark property or for all actions affecting is required Section 60.500.060Dpursuant to --ness or a Certificate of Appropriate, 60.500.050BSection pursuant to –A Certificate of Appropriateness the following standards: with building permit, or that are paid for in whole or in part by City funds, shall comply 50 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO : Section 60.200.040C Section 60.200.040 Zone Districts: Chapter 60.200 state and federal historic tax credit programs. uidance and assistance in applications for The assigned City personnel will provide g d. organization and administration for any local finance program. shall advise City Council on Heritage Preservation Commission. The preservationheritage landmark district to preserve their property for purposes of within a purposes of encouraging owners of a designated property or contributing property The City may authorize funding sources to create a financial incentive program for c. landmark districts. o develop a marker or signage program to recognize designated The City may als 51 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO : Section 60.200.040C Section 60.200.040 Zone Districts: Chapter 60.200 apply. ormations, the detailed site information shall Cummingsville and St. Peter fareas of associated groundwater movements in adjacent portions of the location and extent of the Decorah, Platteville, or Glenwood formations and Where detailed site investigation identifies more accurate information as to the . reliable information becomes availableand update them as more DEO districtapproximate location and extent of the current shall maintain Director Community DevelopmentThe Generally a. Map ave the meanings given there.Rules, hare defined in the Act or the that, Sectionection, terms used in this Sh. 8420. Except as Cincorporates by reference the WCA and Minn. R. The DEO district Incorporation of the Wetland Conservation Act ands and Edge Support Areas.to identifying areas to be investigated for wetlsite investigation, as a guide -Inventory, and other relevant data sources, and by onsurvey, unless supplemented by a first order soil survey, National Wetlands shall rely on the most current published soil Community Development DirectorThe d. least equal public value. wetland areas of at replacingor , enhancing, toringimpacted unless replaced by resmust not be City h. 8420, wetlands within theCExcept as provided in Minn. R. c. provides the most wetland protection shall apply. , the provision that sectionand this ,af Water oof the Board ulesrlaw, the estatIn the event that an inconsistency exists between the provisions of b. . City parts of wetlands and Edge Support Areas within theregulates impacts to or hydrologic alteration of wetlands or Section 60.200.040DThis a. cabilityAppli recharge characteristics.and ,with significant groundwater discharge, interflow City particularly in areas of thediversity and water quality and water quantity benefits of wetlands and related features protect the biological h. 8420, as amended), and toC(Minn. R. And Soil Resources Board Of Water amended from time to time ("WCA"), and the accompanying rules of the and will be Conservation Act of 1991 (Minn. Laws 1991 chapter 354), as may have beenis to implement the Wetland district DEOWetland Conservation and The purpose of the Purpose Decorah Edge Overlay -DEO Wetland Conservation and the D. 52 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -Wetland Conservation and the DEO : Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 board of water and soil resources. state wetland as determined by the latest functional assessment method acceptable to theand values of the ,the quality, functionsflow to or from a wetland, and to protect Development activities must be carried out in such a way as to maintain groundwater b. partially. Edge Support Areas must not be impacted or altered hydrologically, wholly or and Groundwater Supported Slope Wetlands ection, exempted in this SExcept as a. Special Protection Areas both natural and restored, located in Edge Support Areas are high priority areas. management plans pursuant to Minn. R. pt. 8420.0835. Calcareous fens and wetlands, r restoration, and creation of wetlands in high priority areas as identified in watesequencing, replacement plans, and banking shall particularly favor preservation, is designated a high priority area under Minnesota Rules. Decisions regarding City The reasHigh Priority A .of Departmentof the shoreland protection zone, the panel also includes a technical professional employee For projects affecting public waters, public waters wetlands, or wetlands within the c. within the county. n District Conservationd Water aSoil and from the af Water oBoard from the appointed to the technical evaluation panel to participate with the appointed persons technical professional with expertise in water resources management is hereby who is a Community Development Directorthe appointed by representativeA b. wetland determinations as identified in Minn. R. pt. 8420.0240. A technical evaluation panel is hereby recognized and authorized to participate in a. Technical Evaluation Panel 8420. Ch.Conservation Act and Minn. R. shall be the local government unit for the purposes of the Wetland City CouncilThe Local Government Unit is not intended as a buffer area. maps andThe dimension of the adjacent area shall reflect the accuracy of the source resulting in an added dimension of 50 meters or 165 feet.bedrock geology map, the reported accuracy is 100 meters or 330 feet, The the distance of the reported accuracy of the source map.an adjacent area determined based on half includes he bedrock geology mapT Bedrock Geology Map c. .in this UDCDecorah Edge, as defined within the boundary of the Cityinclude those areas of the Map Decorah Edge b. 53 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -Wetland Conservation and the DEO : Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 Groundwater Supported . Enhanced or restored Replacement Plan DecisionSequencing and , Section 60.200.040D.12 are in accordance withn conjunction with restoration or enhancement projects that Slope Wetlands IGroundwater Supported The development activity involves the alteration of waived; or t been alignments and where the requirement for secondary access has nocharacteristics, in comparison with suitable and practical alternative and recharge ,least disruption to groundwater discharge, interflowhas determined that the platted alignment causes the CouncilCity where the that would otherwise result in more than 50 homes relying on a single access, development that is needed to provide secondary access to a residential area The development activity involves the construction of a new road in a s or subdivisions approved prior to October 1, 2006; Development PlanGeneral The development activity involves the construction of park facilities in with suitable and practical alternative alignments; and recharge characteristics in comparison ,groundwater discharge, interflowsed alignment causes the least disruption to has determined that the propoouncil City Cstormwater ponds, water mains, or sewer interceptors, where the regional nature, such as regional trails, major power lines, regional The development activity involves the construction of other infrastructure of a ; Road Authorityimprovement of an existing public road by a or other ,The development activity involves the modification, realignment suitable and practical alternative alignments; discharge interflow and recharge characteristics in comparison with ater The proposed alignment causes the least disruption to groundw (iii) the ROCOG Long Range Transportation Plan; street, or the area served is designated as in need of a local collector in The street in question is designated as a primary collector or higher order (ii) street in question; The traffic service standards cannot be met without providing for the (i) that: General Development Planouncil has found in its approval of a City Chigher order streets, where the ctivity involves the construction of local collectors or findings: followed with the resulting determination that there exists one of the following is Sequencing and Replacement Plan Decision, Section 60.200.040D.12shall not apply if the process described in Special protection area requirements xemptionsrea ESpecial Protection A c. Loss application is required for all development within the DEO.-A No 54 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -Wetland Conservation and the DEO : Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 the filing of the appeal. Council must hold a public hearing and make a ruling within thirty (30) days of Following an appeal, the City ermination is mailed to the applicant. det's DirectorCommunity Development within 30 days after written notice of the City Councildecision is final unless appealed to the Community Development Director’s The Appeal c. the decision record. he detailed reasons for the disagreement must be part of recommendations, t Development Director does not agree with the panel’s findings and evaluation panel as specified in Minn. R. pt. 8420.0240(C). may seek the advice of the technical Community Development DirectorThe . Development DirectorCommunity Exemption decisions under Minn. R. pt. 8420.0420 shall be made by the Decision b. determination whether or not the activity is exempt. before beginning excavation, draining, or filling activities for DirectorCommunity Development replacement, claiming exemption, shA landowner intending to impact or hydrologically alter a wetland without shall also be exempted. Wetland Groundwater Supported Slope Support Area associated with an exempted ontained in Minn. R. pt. 8420.0420. Any Edge exemption criteria cwetland the if the property to be impacted or hydrologically altered meets DEO districtthis exemption from the provisions of the WCA and apply for anA landowner may Application a. Exemptions Groundwater Supported Slope Wetland. ing the 1, 2006, addressdevelopment for which a replacement plan has been approved prior to October if the lot is included in a Groundwater Supported Slope Wetlands to All areas of buildable lots shall be exempt from the special protection provided ober 1, 2006. The lot is part of a final plat approved prior to Oct to Edge Support Areas if: s (excluding outlots) shall be exempt from the special protection provided PlanGeneral Development All areas of buildable lots identified either in plats or dominated), and in the same-water and soil resources located in the same geologic setting (fill or bedrockboard of state by the latest functional assessment method acceptable to themust be of at least equal function and value as determined Slope Wetlands 55 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -Wetland Conservation and the DEO : Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 . r and Soil ResourcesBoard of Wate statebefore the granted by the decision shall be stayed during the time an appeal is pending proof necessary to show qualification for this determination. The authority loss decision is responsible for submitting the -downer applying for a noThe lan Community Development Director’s or City Council’s determination. A notice of decision shall be provided to the landowner within 15 days of the ruling within thirty (30) days of the filing of the appeal. ncil must hold a public hearing and make a Following an appeal, the City Coudecision is sent to those required to receive notice of the decision. 's DirectorCommunity Development within 30 days after written notice of the City Councildecision is final unless appealed to the Development Director’s Community The Appeal c. the decision record. recommendations, the detailed reasons for the disagreement must be part of Community Development Director does not agree with the panel’s findings and If the el on questions of wetland delineation and type. evaluation panmay seek the advice of the technical Community Development DirectorThe . Community Development Directormade by the loss decisions, under Minn. R. pts. 8420.0410 and 8420.0415, shall be -No Decision b. n as specified in Minn. R. pt. 8420.0315. loss decisio-noA landowner unsure if proposed work will result in a loss of wetlands may apply for a Application a. Decision No Loss use of the property.overriding public interest, unreasonable hardship, or constraints that deny a reasonable concerns, other disturbance of Edge Support Areas on the basis of public safety is not required. Applicants may seek exceptions to restrictions on General review, or at the time of wetland delineation if a Development PlanGeneral at the time of Council Cityquestion, in whole or in part) shall be heard by the should not be applied to the property in Sectionthe applicant contends that the where(Requests for exceptions to provisions of this Section related to Edge Support Areas Exceptions soil resources.board of water and state an appeal is pending before theThe authority granted by the notice of decision shall be stayed during the time that the activity qualifies for exemption. determination 's City Councilor 's Community Development Director s of thedaywithin 15 the landowner to An exemption notice of decision shall be provided 56 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -Wetland Conservation and the DEO : Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 proposed replacement plan. al of the recommending approval, approval with conditions, or disapprovshall prepare a report Community Development Directorreview, the City Councilto consider the application. Prior to City Councilreview before the public hearing and t DirectorCommunity DevelopmenThe evaluation panel as specified in Minn. R. pt. 8420.0240(C). The Community Development Director may seek the advice of the technical the public who have requested a copy. r, and members of Commissioneechnical evaluation panel, the members of the tapplication, transmit a copy of the application and notice of application to shall, within 15 days of a complete Community Development DirectorThe 8420.0330. —complete based on Minn. R. pts. 8420.0305must determine that an application is Community Development DirectorThe 8420.0330. . The contents of the plan shall comply with Minn. R. pt. Development DirectorCommunity Application for wetland replacement plans must be submitted to the procedures: ade pursuant to the following shall be m Exceptions Section 60.200.040D.10er 8420.0544 and decisions regarding exceptions und—and 8420.0500 ,8420.0330Sequencing and replacement plan decisions under Minn. R. pts. 8420.0325, d. wetland. and receive approval of a replacement plan before impacting the City to thereplacement must apply A landowner proposing a wetland impact that requires plan as specified in Minn. R. pt. 8420.0500. loss, or first receiving approval of a wetland replacement -an exemption or noNo person may impact a wetland, wholly or partially, without being eligible for lansPReplacement c. the creation or restoration of wetlands located within the county. must involve City cts within theReplacement plans intended to mitigate wetland impa. Community Development Director8420.0520, subpt. 7a, shall be made by the under Minn. R. pt. 8420.0325 and sequencing flexibility under Minn. R. pt. , where submitted separately from the replacement plan The sequencing decision b. replacement plan. sequencing decision from the local government unit before preparing a complete part of a replacement plan application or apply separately for a preliminary ubmit the information required for sequencing analysis as An applicant may either s. City Councilloss decision shall obtain approval of a replacement plan from the -noA landowner intending to impact a wetland who does not qualify for an exemption or a. Sequencing and Replacement Plan Decision 57 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Edge Overlay Decorah -Wetland Conservation and the DEO : Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 may be City Councildecisions related to Edge Support Areas, decisions of the the decision is sent to those required to receive notice of the decision. Except for thatdays after the date 10. An appeal must be filed within City Councilappealed to the may be Community Development Directorby the SectionDecisions made under this a. Appeals . Cityfunctions undertaken by the s. The amount of the fees shall not exceed the reasonable value of the applications, replacement plan applications, banking plan applications, and monitoring loss applications, exemption applications, sequencing -delineation applications, noshall, by resolution, adopt a schedule of fees applicable to wetland City CouncilThe Fees is impacted. City replacement when wetland within theOnly wetland credits from wetland banks within the county may be used for wetland b. es. Minnesota Ruldeposits, and the monitoring of banked wetlands and enforcement under the is responsible for approving bank plans, certifying Community Development Director8420.0755. The —wetland bank in accordance with Minn. R. pts. 8420.0700deposit in the for purposes of City Wetlands may be restored or created within the a. Wetland Monitoring 8420.0820. —8000wetland monitoring reports as provided in Minn. R. pts. 8420.pt. 8420.0810 shall be fulfilled. The technical evaluation panel must review replacement . ensure that the replacement plan monitoring and enforcement requirements of Minn. Rshall Community Development Directorwhere the replacement wetland is located. The Monitoring of replacement wetlands is the responsibility of the landowner of the property Monitoring . City Councilperiod to appeal the decision of the The mailing to the applicant must include information on the process and time business days. 10within notified of the Council’s decision shall be rtiesAll pa disagreement must be part of the decision record. with the panel’s findings and recommendation, the detailed reasons for the technical evaluation panel was consulted and the City Council does not agree If the from those required to receive notice. consider comments receivedmust City Councilevaluation panel as specified in Minn. R. pt. 8420.0240. The 8420.0544, and on the recommendation of the technical —must base its decisions on the replacement standards in Minn. City CouncilThe with conditions, or disapprove the replacement plan application. may approve, approve City Councilconformance with Minn. Stats. 15.99. The act upon the application in hold a public hearing and shall City CouncilThe 58 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -and the DEO Wetland Conservation: Section 60.200.040D Section 60.200.040 Zone Districts: Chapter 60.200 .Sectionall or any part of this ubd. 19, the authority to administer Sunder Minn. Stats. §§471.59 and 103C.331, District Soil and Water Conservation may, by joint powers agreement, delegate to the City The Delegation of the order. executive director within 30 days of receipt ourcesBoard of Water and Soil Res staterestoration or replacement order issued according to Minn. R. pt. 8420.0905 to the A landowner or responsible party may appeal the terms and conditions of a b. . City Council8420.0905 after final determination by the R. pt. under Minn.Board of Water and Soil Resources stateappealed to the 59 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decorah Edge Overlay -Wetland Conservation and the DEO : 0D Section 60.200.040 Zone Districts: Chapter 60.200 or uses of property in the FPO districts. change to landor development, obtain a permit pursuant to that Section before beginning any activity, must Permit Floodplain Development GSection 60.500.060HThose activities listed in Floodplain Development Permit Required ity of flood waters.levels and in the velocflood storage volume in the floodplain, and to avoid increases in downstream flood undeveloped areas of the floodplain in such a manner so as to reduce the loss of of the Flood Prone subdistrict is to guide development in generally The purpose Flood Prone Subdistrict Purpose f. discharge flood waters.have a minimal effect on the ability of the floodplain to will damage from flooding and and standards for flood protection, resulting in developments that will suffer minimal ed principles within the subdistrict are properly flood protected, consistent with acceptThe purpose of the Flood Fringe subdistrict is to ensure that uses and structures Flood Fringe Subdistrict Purpose e. economic loss, in times of flood.health or safety, or result in and to restrict or prohibit uses that are dangerous towithin the channel and adjoining floodplain to carry and discharge the regional flood, The purpose of the Floodway subdistrict is to ensure that adequate space is retained Floodway Subdistrict Purpose d. community’s eligibility in the National Flood Insurance Program.to maintain the , 78, as amended-59 .pts C.F.R.Insurance Program codified as 44 the rules and regulations of the National Flood and 6120.6200 –6120.5000 Chapter 103F; Minnesota Rules, parts policies contained in Minnesota Statutes, the authorization and The FPO district regulations are adopted to comply with c. community and economic development.and enhance benefits,provide recreational opportunities, provide aesthetic c and riparian habitat, improve water quality, reduce soil erosion, protect aquatifunctions of watercourses and floodplains to moderate flood and stormwater impacts, The regulations are also intended to preserve the natural characteristics and b. safety and general welfare. ealth, transportation and communication, all of which adversely affect the public hfor public protection and relief, impairment of the tax base and interruption of disruption of commerce and governmental services, extraordinary public expenditure e and property, Rochester consistent with the flood threat, to minimize loss of lifof the FPO district is to guide development in the flood hazard areas of purposeThe a. Purpose Floodplain Overlay –FPO E. 60 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota F –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 fringe, or within Zone AO on the Flood Insurance Rate Map flood designated asThe Flood Fringe subdistrict includes those areas within Zone AE and Designation of the Flood Fringe Subdistrict c. 14. .ubdS103G.005, § .Stat .defined in Minnwater level as -areas that are at or below the ordinary highFor lakes, wetlands, and other basins, the Floodway subdistrict includes those Map. do not have a floodway designation) on the Flood Insurance Rateincludes those areas designated as Zone A (that The Floodway subdistrict also .Floodplain Development Permit Requiredin Section 60.200.040E.2, floodway on the Flood Insurance Rate Map adoptedloodway subdistrict standards shall apply to all lands designated as FThe ion of the Floodway SubdistrictDesignat b. adopted as best available data. panels 27109C0282G and 27109C0295E, dated May 29, 2020, are also hereby . Preliminary 27109C0304E, 27109C0306F, 27109C0307E, and 27109C0313E27109C0303E, 27109C0169E, 27109C0282F, 27109C0301F, 27109C0302F, 9C0168F, 27109C0162F, 27109C0163F, 27109C0164F, 27109C0166F, 271027109C0153F, 27109C0154F, 27109C0155E, 27109C0158E, 27109C0161F, following panels: 27109C0141F, 27109C0142F, 27109C0143E, 27109C0144F, epared by the Federal Emergency Management Agency, including the and prRate Map for Olmsted County and Incorporated Areas, all dated April 19, 2017 Olmsted County, Minnesota, and Incorporated Areas, and the Flood Insurance declared to be part of this UDC including the Flood Insurance Study for adopted by reference and districts, certain materials are attached and herebyTo aid in the identification and designation of properties in the flood related the FW or FF annexed to the city.in ropertyaddresses zoning designation of p Section 60.500.040E.2.d2/FP). -M4/FW, -l/FF, B-, or FP) being post fixed to a use district symbol (examples RFF, Wlocated in one of the flood related districts is made by the district symbol (F identified upon the zoning map, and reference to the status of any propertyare ssubdistrict(FP) and Flood Prone Flood Fringe (FF), The Floodway (FW), compliance with this UDC.FPO district as well as those of the underlying district in order to be in the only to the extent that developments must meet the additional standards of upon the existing zoning districts, superseding existing underlying regulations Each individual flood subdistrict represents a set of regulations superimposed General Requirements a. Designation 61 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 the City.permitted use by the public of the bed, banks, water, and floodway of any stream within No person may obstruct the passage of water and watercraft nor restrict the lawfully Agency. maps or designations are proposed, by the Federal Emergency Managementand the Commissioner, and, if revisions to floodplain pment DirectorCommunity Develoof the flood or erosion shall be commenced until first reviewed and authorized by the of levees, or other improvements intended to eliminate or reduce the danger constructionnds outside of the floodway, provided that no filling, draining, reclamation of any laNothing herein shall be so construed as to prohibit the lawful rehabilitation or Reclamation reliance on the UDC. result fromagainst the City or any employee thereof for any flooding or flood damages that may or be a cause of action damages. Nor shall the UDC create a liability on the part ofuses permitted within such districts will always be totally free from flooding or flood The UDC does not imply that areas outside of designated floodplain districts or land c. restricted by debris. natural causes, such as ice jams or bridge openings made or -or the flood height may be increased by man ,Large floods may occur b. methods of study. reasonable for regulatory purposes and is based on engineering and other specific d by the UDC is considered The degree of flood protection intended to be provide a. Warning and Disclaimer of Liability 1980.d on or after November 3, being located outside of the floodway, and were annexe, as being within Zone AE but Sectionhe Flood Insurance Rate Map adopted in this tThe Flood Prone subdistrict includes those areas designated as floodway fringe on Designation of the Flood Prone Subdistrict d. 14. .ubdS103G.005, §, .Stat .evel as defined in MinnLater Wigh Hrdinary Oyear) flood elevation but above the -annual chance (100 percent the 1that are below Sectionon the Flood Insurance Rate Map panels adopted in this AE A or the Flood Fringe subdistrict includes those areas designated as ZoneFor lakes, wetlands, and other basins (that do not have a floodway designated), b.Protection Elevation, as specified in Section 60.200.040.E.7.encompassed by the horizontal extension of the Regulatory Flood This district also includes any additional area prior to November 3, 1980. City and were within the corporate boundaries of the onSectiadopted in this 62 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 chance) flood. percent Estimate the peak discharge of the regional (1 components, as applicable:lowing The determination of floodway and flood fringe must include the fol c. below. cand hydraulic engineering standards and the standards in Subsection ical Flood Fringe subdistrict. Information must be consistent with accepted hydrologprotection elevation and whether the proposed use would fall within the Floodway or must furnish additional information, as needed, to determine the regulatory flood applicant If regional flood elevation and floodway data are not readily available, the b. , state, or other source.ederalfelevation and floodway data available from a any regional flood usemust obtain, review, and reasonably Development DirectorCommunity proval, the Upon receipt of an application for a permit or other ap a. the Floodway subdistrict.subdistrict. The area determined to be Floodway shall be subject to the requirements of Fringe subdistrict and will then be subject to the requirements of the Flood Fringe od identified through these procedures as flood fringe may then be reclassified as FloIn A zones, the floodway may be delineated using the following procedures. Areas Designation of Floodway in A Zones (RFPE) (below).Regulatory Flood Protection Elevation based on the horizontal extension of theThe regulatory limits of the district boundaries shall be further extended outward b. regulatory floodplain limits.flood elevations shall be the governing factor in locating the map grades, theexisting -natural or prezoning map and actual field conditions including the Where a conflict exists between the floodplain limits illustrated on the official a. Floodplain Limits 63 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 airport landing strips.mmercial uses such as loading areas, parking areas, billboards, co-Industrial harvesting.nurseries, horticulture, truck farming, forestry, sod farming, and wild crop Agricultural uses such as general farming, pasture, grazing, outdoor plant facility. drainage ditch or other drainageutary to the main stream, or of any capacity of the channel or floodways of any tribstorage of materials or equipment. In addition, no use shall adversely affect the district or any other ordinance and provided they do not require structures, fill, or not prohibited by the underlying zoning Prone subdistricts to the extent that they are not obstruct flood flows. These uses are permitted within the Floodway and Flood Permitted uses are the following uses that have a low flood damage potential and do Flood Prone and Floodway Uses c. hance) flood.c percent regional (1velocity (in feet per second) would exceed a product of four upon occurrence of the inundated to a depth and velocity such that the depth (in feet) multiplied by the ing system that provides adequate time for evacuation if the area is Any facility that will be used by employees or the general public must be designed b. necessary permits and approvals.person to do any grading or filling in the flood district without first obtaining all erlying zoning district, and for any Subsections, or that is not permitted in the undin a flood district that is not otherwise permitted in that district by the following if it is not permitted in the underlying zoning district. No person may establish a use that no proposed use is permitted the flood districts, subject to the further restriction The regulations within this Section establish those uses that are permitted in each of a. Uses Permitted approve or deny the application.may Public Works Directorsources. Based on this assessment, the Natural Redesignated engineer or other expert person or agency, including the Department of may seek technical assistance from a r Public Works Directoencroachments. The boundary. The assessment must include the cumulative effects of previous floodway ict technical evaluation and the recommended Floodway and/or Flood Fringe subdistrwill review the submitted information and assess the Public Works DirectorThe d. within the reach must be assumed in computing floodway boundaries.ent on both sides of the stream would result. An equal degree of encroachmfoot is required if, as a result of the stage increase, increased flood damages increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 necessary to convey or store the regional flood without Compute the floodway analysis of the stream channel and overbank areas.Calculate the water surface profile of the regional flood based upon a hydraulic 64 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 Critical Facilities are prohibited in the FPO district. Critical Facilities h. watercourse or drainage system. channel and adjoining floodplain of any tributaryshould not adversely affect the hydraulic capacity of the Floodplain development FloodplainAdverse Effect on g. ., Flood Fringe Construction Standards60.200.040E.10Section to the applicable provisions of subject also All developments are below.Subsection 2) to subject, Planning Commission approvalare allowed subject to In the Flood Prone subdistricts, uses permitted in the underlying zoning district Flood Prone Conditional Uses f. the Floodway subdistrict. purpose ofor this Subsection that are consistent with the Flood Prone and Floodway Uses, Section 60.200.040E.9.cOther uses similar in nature to uses described in days prior to issuance of any permit. 10 the Department of Natural Resources’ Area Hydrologist is notified at least ovided that Railroads, streets, bridges, utility transmission lines and pipelines, pr Marinas, boat rentals, docks, and water control structures. Extraction of sand, gravel, and other minerals. Placement of fill. Structures accessory to open space or conditional uses. Conditional Use permit is obtained.of materials or equipment, are permitted in the Floodway subdistrict only after a The following uses involving structures (temporary or permanent), fill, or the storage Floodway Conditional Uses e. .Section 60.200.040E underlying zoning district, subject to meeting the construction standards in thishe Food Fringe subdistrict are the same as those permitted by the Uses permitted in t Flood Fringe Uses d. flood profile.Channel Modifications requiring a DNR permit where there is no change in the Residential uses such as lawns, gardens, parking areas, and recreation areas. e preserves, fishing areas, recreational trails.and naturranges, picnic grounds, boat launching ramps, swimming area, parks, wildlife Private and public recreational uses such as golf courses, tennis courts, driving 65 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Districts Zone: Chapter 60.200 elevation.elevation shall be no lower than one foot below the flood protection basement) is at or above the flood protection elevation. The finished fill New structures shall be elevated so that their first floor (including General -Non Insurance Rate Map.the depth number specified in feet on the Rochester Flood above one foot elevated above the highest adjacent grade at least as high as shall be constructed on fill so that the lowest floor (including basement) is wellings in the AO zone new d(a) above, 1)As an exception to Subsection Dwellings in the AO Zone warning time and local flood emergency response procedures exist.for times of flooding and only after determining that adequate flood the period of use or occupancy of the structure must specify limitations on If a variance to the access requirement is granted, the Board of Appeals (v) permitted. not more than two feet below the flood protection elevation shall not be Residences that do not have vehicular access at or above an elevation (iv) the regional flood elevation. or above shall be constructed at of any sizeesidential additions r of floorThe lowest (iii) tructure or building thereon. beyond the limits of any sprotection elevation and shall extend at such elevation at least 15 feet The finished fill elevation shall be no lower than one foot below the flood (ii) (including basement) is at or above the flood protection elevation. owest floor New dwellings shall be constructed on fill so that the l (i) General Dwellings Flood Fringe subdistrict:The following standards shall apply to the construction of primary buildings in the Standard for Primary Buildings a. other drainage facility or system.r any in such a manner so as to not adversely affect the capacity of any public water oany other portion of the UDC, shall be constructed as regulated by this Subsection and located in the Flood Fringe subdistrict, to the extent that they are not prohibited by Uses Flood Fringe Construction Standards 66 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E rictsOverlay Dist Section 60.200.040 Zone Districts: Chapter 60.200 area.or safety or where such facilities are essential to the orderly functioning of the alth interruption of these public facilities would result in danger to the public heProtection to the flood protection elevation shall be provided where failure or plans.and shall be compatible with local comprehensive floodplain development Fringe subdistrict shall be designed to minimize increase inPublic utility facilities, roads, railroad tracks, and bridges within the Flood Rules, part 4725.4350.floodplain. Water supply systems are subject to the provisions in Minnesota perce-Rules, part 7035.0300, are prohibited in the oneelevations. New solid waste management facilities, as defined in Minnesota waters. All public utilities should be designed to minimize increases in flood tems and discharges from the systems into flood of flood waters into the sysminimize or eliminate flood damage, and be designed to eliminate infiltration Regulatory Flood Protection Elevation (RFPE), be located and constructed to located in the floodplain must be elevated and/or floodproofed to the be All utilities such as gas, electrical, sewer, and water supply systems to (a) Utilities, Railroad Tracks, Streets, and Bridges introduction of any pollutant or toxic material into the flood waters.plans and procedures must provide for measures to prevent The emergency filed with, and approved by the Minnesota Pollution Control Agency. and procedures for action to be taken in the event of flooding are prepared, facilities shall be permitted within the flood fringe unless emergency plans ing waste treatment No new construction, addition, or modification to exist Waste Treatment and Flood Control Structures Flood Fringe subdistrict:The following standards shall apply to the construction of new public works in the Standards for Public Works b. kes, dams or levee.classification without the utilization of di2 -l or FP-proofed in accordance with the State Building Code to the FP-together with attendant utility and sanitary facilities be completely floodspecified in feet on the Rochester Flood Insurance Rate Maps, or above the highest adjacent grade at least as high as the depth number constructed on fill so that the lowest floor (including basement) is elevated As an exception to Subsection 1)(a) above, new structures shall be Residential Uses in the AO Zone-onN 67 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Overlay Floodplain –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 explosive, or potentially injurious to human, animal, or plant life is prohibited. oding, flammable, The storage or processing of materials that are, in time of flo Storage of Materials proofed.or above the Regulatory Flood Protection Elevation or properly flood Any mechanical and utility equipment in a structure must be elevated to (iv) n exterior walls; andhydrostatic flood forces oor lateral movement of the structure and shall be designed to equalize The structure must be adequately anchored to prevent flotation, collapse, (iii) automatic opening;this requirement for comply withdoor prior to flooding will not garageadjacent grade to the structure. Using human intervention to open a bottom of all openings must be no higher than one foot above the lowest There must be openings on at least two sides of the structure and the (ii) of enclosed area subject to flooding;t with a total net area of not less than one square inch for every square foo minimum of two “automatic” openings in the outside walls of the structure, To allow for the equalization of hydrostatic pressure, there must be a (i) must meet the following standards:and limited storage. All such structures requirement, detached garages must be used solely for parking of vehicles building code. To meet this state standards in accordance with the4 -3 or FP-nsion at ground level may be internally flood proofed to the FPdimeminimal investment and that do not exceed 500 square feet for the outside As an alternative to elevation on fill, accessory structures that constitute a resistance to the flood or floodwaters; andplaced on the building site so as to offer the minimum Constructed and potential; esigned to have low flood damageD Not designed for human habitation; elevation provided that such structures are:the flood protection elevation or may be permitted below the flood protection that the lowest floor is at or above Such structures shall be constructed on fill so Accessory Structures the use of land for accessory purposes:The following standards shall apply to the construction of accessory structures and Standards for Accessory Uses and Structures c. , or utilities.railroadslesser degree of protection may be provided for minor or auxiliary roads, Where failure or interruption of services would not endanger life or health, a 68 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 flooding.entering or accumulating within these components during times of Flood Protection Elevation or be designed to prevent flood water from equipment and other service facilities must be at or above the Regulatory conditioning -ion, plumbing and airthat all electrical, heating, ventilatBuilding Code and, specifically, statethe general design standards of the registered professional engineer or architect as being in compliance with built condition must be certified by a -The structure’s design and as (i) additional standards:noted alternative elevation methods are subject to the following -The above ehicles, building access or storage. It is used solely for parking of v (iii) materials; and It is designed to internally flood and is constructed with flood resistant (ii) grade on at least one side of the structure; -The enclosed area is above (i) not a structure’s basement or lowest floor if: grade and -The base or floor of an enclosed area shall be considered above under garages. -as crawl spaces or tuckgrade enclosed areas such -the use of stilts, pilings, parallel walls, or abovemay include as referenced in paragraph (a) above The alternative methods Use Permit. flood protection elevation may be authorized by the issuance of a Conditional (including basement) above the rmethods of elevating the first flooalternative Where existing streets, utilities, or small lot size preclude the use of fill, other :permitted as follows ares residential use-nonstandards for the construction of residential and Alternate Alternate Construction Standards d. chance) flood. percent oneregional ( product of four upon occurrence of thethe depth (in feet) multiplied by the velocity (in feet per second) would exceed a evacuation of the area if the area is inundated to a depth and velocity such that flood warning system that provides adequate time for permitted without a lots, that are at elevations below the flood protection elevation shall not be s, such as storage yards and parking residential use-nonAccessory land uses for Accessory Land Uses .Community Development Directorapproved by the h a plan area within the time available after a flood warning and in accordance witallowed if readily removable from the isStorage of other materials or equipment 69 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 Flood Protection Elevation.l not be allowed below the Regulatory Residential basement construction shal Basements shall be subject to the following: Basements e. .PermitUse Conditional ,Section 60.500.050Aas provided in Conditional Use Permit arequire Community Development Director will hetthe flood fringe, that a particular use may constitute an unusual hazard in Upon determination standards shall not be permitted. 2-FPor 1-loads and the effects of buoyancy. Structures flood proofed to the FPcomponents having the capability of resisting hydrostatic and hydrodynamic assage of water and with structural substantially impermeable to the plevees, and this shall require making the structure watertight with the walls or dams,Building Code, without the use of dikes, stateclassification in the flood proofing 4-or FP3 -ally dry flood proofing must meet the FPStructur Building Code. stateaccordance with the structurally dry flood proofing classifications in the below the Regulatory Flood Protection Elevation shall be flood proofed in structures, including basements, to be placed Residential-NonAll areas of sResidential Use-Non parking of vehicles or storage.Building Code and shall be used solely for building access, state4 classifications in the -3 or FP-materials in accordance with FPThat the enclosed area will be designed of flood resistant b. intervention. of flood waters without any form of humanor devises provided that they permit the automatic entry and exit may be equipped with screens, louvers, valves, or other coverings openings shall be no higher than one foot above grade. Openings the bottom of all entry of flood waters to equalize pressures,When openings are placed in a structure’s walls to provide for engineer or architect certifies that a smaller net area would suffice. enclosed area subject to flooding unless a registered professional re foot of area of not less than one square inch for every squaabove grade. The automatic openings shall have a minimum net and the bottom of all openings shall be no higher than one foot minimum of two openings on at least two sides of the structure here shall be a is to be used as a flood proofing technique. TThe minimum area of openings in the walls where internal flooding a. stipulate:garages must be designed to internally flood and the design must under -grade, fully enclosed areas such as crawl spaces or tuck-boveA (ii) 70 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Ch Garbage and Solid Waste Disposal warning time exists.procedures for removal of the material from the floodplain if adequate flood . The plan may incorporate alternative Community Development Directorther qualified individual acceptable to the professional engineer or oflood event. The plan must be prepared and certified by a registered stabilize the fill on site for a flood event at a minimum of the 100 year regional management ordinance, the plan must clearly specify methods to be used to and approved shorel management ordinance. In the absence of aapproved shoreland submitted unless the community is enforcing asedimentation control plan must be and of flood control works, an erosions, roads, dredge spoil disposal or construction and gravel operations, landfillsite storage, landscaping, sand -is located on a parcel for such activities as onWhen at any time more than 1,000 cubic yards of fill or other similar material .StandardsFlood Fringe Construction Section 60.200.040E.10accordance with conditional use, unless said fill is specifically intended to elevate a structure in 000 cubic yards of fill is located on the parcel shall be allowable only as a ,1cumulative placement of fill where at any one time in excess of this UDC. The as approved under other provisions of Site Development Planterm -a longPermanent sand and gravel operations and similar uses must be covered by or other acceptable method. cover,by the use of riprap, vegetative shall be properly protected Fill shall be properly compacted, and the slopes of an industry whose business requires that it be located in floodplain areas.In considering permit applications, due consideration shall be given to needs r streams having prolonged flood durations. operations, especially foMeasures shall be taken to minimize interference with normal plant shall be protected to the flood protection elevation. Manufacturing and industrial buildings, structures and appurtenant works Manufacturing and Industrial Uses .are imposed in addition to any other applicable FPO standardsThe standards in this Subsection f shall apply to the uses indicated. These standards Additional Development Standards f. E.10.d.2.b.Section 60.500.060Gaccordance with Protection Elevation provided the basement is structurally dry flood proofed in residential basements may be allowed below the Regulatory Flood -Non 71 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040 Zone Districts: apter 60.200 Chapter 60.200 Site term -operations shall not be allowed in the floodway unless a longedge spoil sites and sand and gravel vegetative cover or bulkheading. Drrap, -Such fill or other material shall be protected against erosion by rip flood elevations. shall not in any way obstruct the flow of flood waters or cause any increase in needed to grade or landscape for that use and what isill shall be limited to F . Floodway Conditional Uses, Section 60.200.040E.9.enecessary to conduct a Conditional Use listed in Any fill deposited in the floodway shall be no more than the minimum amount Fill a. wing paragraphs.conditional uses shall be subject to the regulations in the folloextending for a significant reach on both sides of the stream. In addition, all floodway based on a reasonable assumption that there will be an equal degree of encroachment osed use shall be Consideration of the effects of a prop rise certification.” -through a “no sectional area). This is commonly documented -restore the site to the previous crossprofessional engineer, or using other standard engineering practices (e.g. projects that rmed by a This shall be demonstrated through hydrologic and hydraulic analysis perfoshall be permitted. professional engineer or by using standard engineering practices, as determined by a increase in flood damages in the reach or reaches affected, chance or regional f percent oneof the of 0.00 feet or greater increase stage Uses that, acting alone or in combination with existing or future uses, cause anyobstructions, storage of materials or equipment; or other uses allowed as Conditional deposits, No structures (temporary or permanent); fill, including fill for roads and levees; Floodway Construction Standards .7080.2270, as amended h.C .R .provisions in Minnimpairment or contamination during times of flooding, and are subject to the be subject to discharges from the systems into flood waters, they must not minimize or eliminate infiltration of flood waters into the systems and site sewage treatment systems must be designed to -New or replacement on 4725.4350, as amended; and .Ch .R .Minnvisions in infiltration of flood waters into the systems and are subject to the prosite water supply systems must be designed to minimize or eliminate -On Where public utilities are not provided: site Water Supply and Sewage Treatment Systems-On sites. in at existingencroachment upon the floodplashall be issued for Flood Fringe subdistrict. There shall be no further s for garbage and waste disposal sites Conditional Use PermitThere shall be no disposal of garbage or solid waste materials within Flood 72 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E .040Section 60.200 Zone Districts: Chapter 60.200 of all openings must be no higher than one foot above the lowest adjacent There must be openings on at least two sides of the structure and the bottom enclosed area subject to flooding; andwith a total net area of not less than one square inch for every square foot of minimum of two “automatic” openings in the outside walls of the structure,To allow for the equalization of hydrostatic pressure, there must be a vehicles and limited storage.meet this requirement, detached garages must be used solely for parking of . To 6)professional engineer or meet or exceed the standards in Subsection Designs for meeting this requirement must either be certified by a registered l. does not exceed 500 square feet for the outside dimension at ground leveprovided the accessory structure constitutes a minimal investment and that Building Code statefloodproofing classifications in the 2-or FP 1-the FPbe internally/wet floodproofed to As an alternative, an accessory structure may above the Regulatory Flood Protection Elevation or properly flood proofed.Any mechanical and utility equipment in a structure must be elevated to or to equalize hydrostatic flood forces on exterior walls.gned flotation, collapse or lateral movement of the structure and shall be desihe structure must be adequately anchored to prevent Planning Commission. TConditional Use Permit by Accessory Structures in the Floodway require a standards as appropriate:ditional flood proofed accessory structures must meet the following adBuilding Code. All stateflood proofing classifications in the 4-or FP 3-the FPAccessory structures shall be structurally dry flood proofed in accordance with as those of adjoining structures. flood flow linesSo far as practicable, structures shall be placed approximately on the same parallel to the direction of flood flow; andWhenever possible, structures shall be constructed with the longitudinal axis resistance to the flood or floodwaters; Constructed and placed on the building site so as to offer the minimum Designed to have low flood damage potential; Not designed for human habitation; Commission shall be subject to the following standards:(temporary or permanent) approved by the Planning Accessory structures StructuresAccessory b. prevention element to the plan.sedimentation and is submitted that includes an erosion Development Plan 73 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 shall be allowed after Council approval, and compliance with the following:Structural works for flood control such as levees, dikes, floodwalls, and reservoirs Structural Works for Flood Control f. .existing sitesfloodway at floodway areas. There shall be no further encroachment upon the s for garbage and waste disposal sites shall be issued for Conditional Use PermitNo Garbage and Solid Waste Disposal e. of a permit.ed by the Director of Community Development prior to issuance must be approvapprovals by the Minnesota Pollution Control Agency, adequate safeguards Minnesota Pollution Control Agency are provided. For projects not requiring Stat. §115.01, are prohibited unless adequate safeguards approved by the er defined in Minn. agricultural or industrial waste; and other wastes as furthsand; rock; wrecked and discarded equipment; dredged spoil; municipal, Storage of materials likely to cause pollution of the waters, such as sewage; oved by the Director of Community Development. other measures as apprRegulatory Flood Protection Elevation (RFPE), floodproofed, or protected by be injurious to human, animal, or plant life shall be stored at or above the Materials that, in time of flooding, are buoyant, flammable, explosive, or could is prohibited.115.01, § .Stat .or that are likely to cause pollution of waters, as defined by Minnor plant life, animal,flammable, explosive or that could be injurious to human, or processing of materials that are in time of flooding buoyant, The storage Storage of Material and Equipment d. or utilities. railroads,lesser degree of protection may be provided for minor or auxiliary roads, Where failures or interruption of service would not endanger life or health, a the area. rderly functioning of interruption of these public facilities are essential to the oProtection to the flood protection elevation shall be provided where failure or . StandardsFloodway Construction , Section 60.200.040E.11facilities must comply with compatible with local comprehensive floodplain development plans. Such be district shall be designed to minimize increases in flood elevations and shallPublic utility facilities, roads, railroad tracks, and bridges within the floodway Utilities, Railroad Tracks, Streets, and Bridges c. this requirement for automatic openings. withcomply to flooding will not grade to the structure. Using human intervention to open a garage door prior 74 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 llowing standards:and travel vehicles in flood plain areas shall meet the foManufactured homes and manufactured home parks and the placement of travel trailers Manufactured Homes and Recreational Vehicles Shoreland Impact Zones.Floodway or not be located within the shall and the associated disturbances to accommodate for it Compensatory storage e. ;erosion potential on the siteThe effect of such activities in the Flood Prone area shall not result in an increase in d. ;Flood Prone Subdistrict along the same stream reachlocated within the Storage created to offset fill applied within the Flood Prone Subdistrict shall be c. ;activityNo net loss of capacity for surface storage of flood waters shall result from the b. ;amount necessary to conduct the useo more than the minimum Fill deposited in the Flood Prone subdistrict shall be n a. the following conditions have been met:areas shall require certification by a registered professional engineer or hydrologist that the construction of any structure, or the grading or paving of any gravel operations,Prone subdistrict. In addition, the deposition of any fill or spoil from dredging of sand and The requirements applicable in the Flood Fringe subdistrict, shall apply in the Flood Flood Prone Construction Standards 7080.2270, as amended h.C .R .provisions in Minnimpairment or contamination during times of flooding, and are subject to the discharges from the systems into flood waters, they must not be subject to minimize or eliminate infiltration of flood waters into the systems and ed to site sewage treatment systems must be design-New or replacement on 4725.4350, as amended; and .Ch .R .Minninfiltration of flood waters into the systems and are subject to the provisions in te water supply systems must be designed to minimize or eliminate si-On Where public utilities are not provided: Site Water Supply and Sewage Treatment Systems-On g. with any other necessary permits.compliance with Section 404 of the Clean Waters Act shall be obtained, along rmit from the Army Corps of Engineers certifying When necessary, a pe , and other applicable statutes.6115.0280-Minnesota Rule, parts 6115.0150 shall be subject to the provisions ofsection of the waters -, that will change the course, current, or cross103G.245Ch. the beds of public waters, as defined inAny proposed structural work in 75 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 Floodway District. are not permitted within the to recreational vehicles Accessory structures ttached to it.vehicle has no permanent structural type additions acommonly used in campgrounds and recreational vehicle parks, and the jacking system are attached to the site only by quick disconnect type utilities wheels or the internal , which means thathighway readyThe vehicle must be ave current licenses required for highway use.The vehicle must h underlying zoning district.The vehicle and associated use must be permissible in any preexisting, met.is only permitted if all of the standards below are the floodplain campgrounds in Placement of recreational vehicles in existing recreational vehicle parks or district. recreational vehicle parks or campgrounds are prohibited in any floodplain New recreational vehicle parks or campgrounds and expansions to existing clesRecreational Vehi c. .Community Development Directorowner(s) develops a flood warning emergency plan acceptable to the replacement manufactured homes will not be allowed until the property , then Hazards Section 60.400.040C.3.aprovided in accordance with If vehicular road access for preexisting manufactured home parks is not or local anchoring requirements for resisting wind forces.requirement is in addition to applicable state frame ties to ground anchors. Thistop or -the-of anchoring may include, but are not to be limited to, use of overfoundation system that resist flotation, collapse and lateral movement. Methods ured homes must be securely anchored to an adequately anchored All manufact Floodplain Overlay. –FPO Section 60.200.040Eand may be placed only if in compliance with this ecord, will be treated as new structures or subdivisions, or on individual lots of rnew or replacement manufactured homes in existing manufactured home parks In the Flood Fringe, and Flood Prone Districts, placement or replacement of Floodway District.anufactured home units is prohibited in the Placement or replacement of m Placement b. manufactured home parks and subdivisions are prohibited in any floodplain district.New manufactured home parks and subdivisions, and expansions to existing Manufactured Home Parks and Subdivisions a. 76 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapter 60.200 from the federal mandatory insurance requirement.al builts, as these can be used for getting an insurance policy or an appe-documenting asUse of a FEMA Elevation Certificate is recommended for .districts within the FPO districtuctures and alterations or additions to existing structures in any of the flood new str(including basement) elevation of, and the floodproofing measures incorporated into, all The Community Development Director shall maintain a record of the lowest floor Recordkeeping .this UDC ers from the flood protection standards and criteria instructure diffcertificate of zoning compliance shall specifically state how the nonconforming use or forces. Where a nonconforming structure is extended or substantially altered the e to withstand the flood depth, pressures, velocities, impact, and uplift are adequat-registered professional engineer or architect shall certify that the floodbuilding elevations were accomplished in compliance with the provisions of this UDC. A architect, or registered land surveyor that the finished fill and engineer, registered , the applicant shall submit certification by a registered professional 60.500.060ASection and a Zoning Certificate pursuant to GSection 60.500.060Hpursuant to Following completion of the activities authorized by a Floodplain Development Permit Floodproofing Certification .Floodplain Overlay –FPO Section 60.200.040Ethis in elevation/flood proofing requirements and the use of land restrictions specified eated as a new structure and shall be subject to the structures will then be trgarage or storage building. The vehicle and all additions and accessory dollars for a structural addition to vehicle or an accessory structure such as a when development occurs on the parcel exceeding $500 those locations if n in lose the ability to remaicampgrounds pursuant to Subsection 3) above shall recreational vehicle parks or Recreational vehicles permitted in existing .Subsection b3) abovehomes in securely anchored, meeting the requirements applicable to manufactured d be resistant materials an-Flood Prone Districts must be constructed of floodin the Flood Fringe and to recreational vehicles Any accessory structure 77 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Section 60.200.040 Zone Districts: Chapte shoreland regulations. regulated by the local government's is required to beless than 10 acres 6120.3900, no lake, pond, or flowage and . Pts.R .Pursuant to Minn Where the SDO Does Not Apply b. shall be considered “Tributary.” 60.200.040F.2.bSection in not given a classification above and not exempted for Olmsted County in the City, a copy of which is adopted by reference, All public rivers and streams shown on the Public Waters Inventory Map Tributary westerly to West City Limit Boundary. ad Southwest From Bamber Valley Ro -South Fork Zumbro River Agricultural From 37th Street Northwest to North City Limit -South Fork Zumbro River Urban :pOfficial Zoning Ma in theidentified classified below and as The following areas are included in the SDO Olmsted County, Minnesota.6120.3300, and the Protected Waters Inventory Map for t.P .R .found in MinnThe public waters of the City have been classified consistent with the criteria and Classifications Where the SDO Applies a. 462. .Ch .tatS .legislation in Minn6120.3900 and the planning and zoning enabling - ts.103F, P .Ch .Stat .Minnis adopted pursuant to the authorization and policies contained in Shoreland Ordinance which is hereby adopted by reference as part of this UDC. This County, Minnesota, The following standards related to the Protected Waters Inventory Map for Olmsted Applicability impacts of development.dimensional and performance standards that protect shoreland resources from the tain water quality, and to establish environmental values of shoreland and susprotection and preservation of shoreline resources to conserve the economic and The regulations are also intended to identify land uses that are compatible with the b. commissioner under MN Rules, part 6120.3300.the waters of Rochester are regulated consistent with the classifications assigned by ensure that shoreland development on the public is to SDO purpose of the The a. Purpose Shoreland District Overlay –SDO F. 78 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040 Zone Districts: Chapter 60.200 .Section 60.500.050C, as described in require a Shoreland Protection Permit uses griculturalAccessory a e. .Allowed Uses Table 1-300.01Table as shown in any other approvals required by the base zoning district, 60.500.050CSection as described in ses require a Shoreland Protection PermituIndustrial d. ., and areas below the ordinary high water levelway-of-road right wetland, bluffs, Suitable land shall exclude. Section 60.500.050Cas described in shall require a Shoreland Protection Permit land within the shoreland overlay districtper acre of suitable five or more dwelling unitsntial development that contains Reside c. .Overlay in the Shoreland Districtprincipal use roduction is not permitted as a pAgricultural b. permitted in the Shoreland District Overlay.Intensive vegetation clearing of forest land for conversion to another use is not a. :exceptionsfollowing o the , subject tshall be allowed within the Shoreland District Overlay ,Uses TableAllowed 1-300.01Table district, as described in mitted in the base zoningAll uses per Uses Allowed in the Shoreland District Overlay use the lots for their intended purpose.variance from one or more standards in Section 60.200.040F would be needed to shoreland district overlay, a subdivision will not be approved where a later Within the c. NW to its confluence with Cascade Creek.North Run of the North Fork Cascade Creek from the centerline of 7th Street western boundary of Section 24, T106N, R14W, Rochester Township.from the centerline of 40th Street SW, downstream to the Willow Creek confluence with the South Fork Zumbro River.Cascade Creek from the centerline of the T.H. 52 bridge downstream to its confluence with the South Fork Zumbro River.Bear Creek from the centerline of the T.H. 14 bridge downstream to its River. confluence with the South Fork ZumbroSilver Creek corridor from the eastern boundary of Quarry Hill park to its centerline of the 37th Street NW bridge.South Fork Zumbro River from the centerline of the T.H. 52 bridge to the :SDO ream are exempt from thehe following reaches of stT shoreland provisions.shoreland may, at the discretion of the governing body, be exempt from the A body of water created by a private user where there was no previous 79 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F ction 60.200.040Se Zone Districts: Chapter 60.200 the classification of the waterbody.The following additional minimum building setbacks also apply, regardless of Building SetbacksAdditional b. 75 feet 50 feet feet 100 Tributary 75 feet 50 feet feet 100 Urban 75 feet 50 feet 100 feet Agricultural Systems ures with SewerStruct Structure with No Sewer River Type :at least the following distancesby OHWLthe from be set backshall , andsewage system setbacks are dependent upon the type of Structure located to meet all setbacks.When more than one setback applies to a site, structures and facilities must be Setbacks a. , Design, and Height of StructuresSetbacks .Section 60.500.050C described in through a Shoreland Protection Permit process as urban/tributary streams,for agricultural streams, or 60 feet for feet b, by 50%, to a minimum of 75lot width as described in part reduce mayof five or more dwelling units, Subdivisions e. and at the building line.OHWL Lot width standards must be met at both the d. dimensional standards. can be used to meet lot (OHWL) Only lands above the Ordinary High Water Level c. 250 feet 190 feet 375 feet Quad 200 feet 150 feet 300 feet Triplex feet 051 115 feet 225 feet Duplex 100 feet 75 feet feet 150 Single )unsewered(/Tributary River Urban Sewer)Public On /Tributary (River Urban River Agricultural Dwelling Type following lot width standards: and the requirementsdistrict lot area ezonbase meet the shall Lands within the Shoreland District Overlay b. .UDCthe of, Adequate60.400.030E, new development within the City is subject to the requirements ofThe use of private sewage disposal systems and private water supply to serve any a. . Section 60.200.040F.4ll new lots must meet the requirements of this A Standards , and DensityWidth ,Lot Area 80 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F DistrictsOverlay Section 60.200.040 Zone Districts: Chapter 60.200 structures;incorporate topographic and vegetative screening of parking areas and oriented accessory structure or facilities must be designed to -Water as a storage shed. or usedair deck with safety rails, but must not be enclosed -may be used as an openned or used for human habitation. The roof The structure is not to be desig The structure is not located in the Bluff Impact Zone; xceed eight feet above grade at any point;The structure does not e The structure does not exceed 250 square feet in area; The structure does not exceed ten feet in height; OHWL;with this ordinance, shall be set back a minimum distance of ten feet from the cture or facility, designed in accordance oriented accessory stru-One water frontage on public waters provided that:may be located on parcels or lots with accessory structures Water oriented StructuresAccessory Oriented -Water whichever is greater.record or at least three feet above the OHWL, least three feet above the flood ofplaced or floodproofed at lowest floor elevation, including basement, shall be , the required these elevations are not known. Where Floodplain Overlay –FPO , Section 60.200.040E placed at an elevation consistent with Structures shall be the Shoreland District Overlay inwith Lowest Floor Elevations Requirements horelando SExceptions t c. 2, and 3. consistent with FEMA technical bulletins 1,Zone, then structures must instead be elevated through floodproofing methods Impact landIf elevation methods involving fill would result in filling in the Shore greater.OHWL, whichever is to the elevation of three feet above the flood or record ortight -In addition to the lowest floor, all service utilities must be elevated or water feet 20 classifiedpublic street, or other roads not way line of town road, -of-Right 50 feet county highwaystate, or way line of federal, -of-Right 50 feet Unplatted Cemetery 30 feet Top of Bluff Minimum Setback Setback Type 81 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : 040FSection 60.200. Section 60.200.040 Zone Districts: Chapter 60.200 Minnesota Pollution Control Agency.standards for water quality of the Minnesota Department of Health and the private supply of water for domestic purposes must meet or exceed Any public or a. Water Supply and Sewage Treatment .1341 .Ch .R .the requirements of Minnin addition to above, )d) to (adimensional and performance standards of subitems (the allowed for achieving access to shore areas, provided that also arepersons with disabilities Facilities such as ramps, lifts, or mobility paths for f. on conditions, whenever practical; and-leafportions of lots, as viewed from the surface of the public water assuming summer be located in the most visually inconspicuous shallStairways, lifts, and landings e. manner that ensures control of soil erosion;or pilings, or placed into the ground, provided they are designed and built in a Stairways, lifts, and landings may be either constructed above the ground on posts d. landings; Canopies or roofs are not allowed on stairways, lifts, or c. space recreational uses, and planned unit developments;-publicarea. Landings larger than 32 square feet may be used for commercial properties, on residential lots must not exceed 32 square feet in Landings for stairways and lifts b. .not exceed four feet in width shallStairways and lifts a. following design requirements:must meet the , and Section 60.500.050C, as described in Shoreland Protection Permitszoning certificate, with approval based on the findings for require a and landings, lifts, achieving access up and down bluffs and steep slopes to shore areas. Stairwaystopographic alterations for Stairways and lifts are the preferred alternative to major Stairways, Lifts, and Landings The deck is constructed primarily of wood, and is not roofed or screened. d. whichever is more restrictive; andigh water level or does not encroach closer than 30 feet, ordinary hexceed 15 percent of the existing setback of the structure from the The deck encroachment toward the ordinary high water level does not c. level setback of the structure;location for a deck meeting or exceeding the existing ordinary high water ble A thorough evaluation of the property and structure reveals no reasona b. established;The structure existed on the date the structure setbacks were a. and standards are met:.required setback from the ordinary high water level if all of the following criteria e Deck additions may be allowed without a Variance to a structure not meeting th Decks 82 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota rict OverlayShoreland Dist –SDO : Section 60.200.040F Section 60.200.040 Zone Districts: Chapter 60.200 to accommodate the placement of stairways and landings, provided that:and use or accessory primaryallowed to provide a view to the water from the imited clearing of shrubs and cutting, pruning, and trimming of trees is L steep slopes is prohibited.Intensive vegetation clearing in the shore and bluff impact zones and on plan. replacementDevelopment Director through the approval of a planting removal and Mature trees shall not be removed unless permitted by the Community Development Director.ing removal and replacement plan approved by the Community plantcannot begin without a rooted vegetation. -vegetation is cleared for construction purposes, it shall be restored woody If Removal or alteration of vegetation shall comply with the following standards: For forest management uses. rdinance; andoFor the construction of public roads and parking areas, as permitted by this systems with a valid permit having been issued for these facilities;As necessary for the construction of structures and sewage treatment :only permittedration of vegetation is Removal or alte Vegetation Alterations a. Shoreland Alterations umination across public waters.to prevent direct illand is shielded or otherwise directed ,is used to illuminate potential safety hazardsImpact Zone or over public waters if it landin the ShoreLighting may be located with a. Lighting in the Shoreland Impact Zone Signs are not permitted in the Shoreland Impact Zone a. Signs in the Shoreland Impact Zone Managers. Level Forest Management Guidelines for Landowners, Loggers and Resource -es: Voluntary Sitethe applicable provisions of the Sustaining Minnesota Forest ResourcThe harvesting of timber and associated reforestation must be conducted consistent with Forest Management 7081. –r system, where available, or comply with Minnesota Rules, Chapters 7080 seweowned -Any premises used for human occupancy must be connected to a publicly b. 83 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Section 60.200.040 Zone Districts: Chapter 60.200 ;the Minnesota Wetlands Conservation Actmeet the applicable requirements of shallGrading within any wetland area :standardsl require compliance with the following shal and subdivision approvals ,s, variancesConditional Use Permits, Grading Permitconstruction permits, All Any grading in the Shoreland Impact Zone slopes, and in Bluff Impact Zones; The movement of more than 50 cubic yards of material outside of steep in Bluff Impact Zones; The movement of more than 10 cubic yards of material on steep slopes, and shall be required for: Grading PermitA .Drainage, Sensitive Lands, Wetlands, Stormwater, and Section 60.400.050described in replace, the standards for grading of land that are generally applicable in the City, as he following standards shall supplement, but not When in the shoreland district t ActivityGrading b. , suitable for the location. density-herbaceous vegetation with high stem-erodible locations are to be restored with a mix of deepthe land owner and approved by the zoning administrator. Near shore or highly year maintenance plan prepared by -all be subject to a threeshvegetation Thiscedures in Section 60.500.090. following the administrative proViolations of the vegetation standards shall be subject to a Restoration Order are prohibited in Bluff Impact Zones.ths, beaches and watercraft access areas Picnic areas, access pa (vii) through use of vegetation, topography, or both; and Fertilizer and pesticide runoff into surface waters must be minimized (vi) pose safety hazards is allowed without a permit.trees, limbs, or branches that are dead, diseased, dying, or Removal of (v) Perennial ground cover is retained; (iv) ground;not mounded on the and Cutting debris or slash shall be scattered (iii) ;xisting shading of water surfaces is preservedEThe (ii) third of the parcel width, whichever is less.-r shall be less than 50 feet or oneconditions. The maximum view corridoon -by at least 50% as viewed from the water, assuming summer, leafVegetation is maintained to screen structures, vehicles, or other facilities (i) 84 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Section 60.200.040 Zone Districts: Chapter 60.200 does not exceed three feet horizontal to one foot vertical, the landward extent shoreline and placement of a filter blanket, is permitted if the finished slope Placement of natural rock riprap, including associated grading of the properties; andnearby permitted or conditional uses and do not adversely affect adjacent or only be allowed if they are accessory to shall Alterations of topography ;G.245.103§ .Stat .under Minnof Natural Resources Commissioner Minnesota first be authorized by the shallaters Any alterations below the Ordinary High Water Level of public w impact zones;or shore not be placed in bluff shallFill or excavated materials ;steeperfinished slopes of 30 percent or not create shallified professionals for continued slope stability and qualbe reviewed by shallPlans to place fill or excavated material on steep slopes unstable slope;not be placed in a manner that creates an shallFill or excavated material ;Erosion Control, Section 60.400.050G.2be stabilized to meet the erosion control policies in shall Altered areas ;possibleincorporating natural materials whenever ,be usedshall surface water feature Methods to minimize erosion and to trap sediments before they reach any be established as shallbare soil coverage, and a permanent vegetation cover be used, where necessary, for temporary shallerials Mulches or similar mat the smallest amount of bare ground is exposed for the shortest time possible;be designed and conducted in a manner that ensures only shallAlterations deep rooted and woody vegetation to help retain soil.wall will be replanted with The disturbances created adjacent to the 4. necessary to correct the erosion problem; andunless the zoning administrator determines that a larger wall is erosion problem and are not higher than 4 feet or longer than 10 feet, minimum necessary to control the the height and length are the 3. problem and not for aesthetic reasons.the structures are used only to correct a documented existing erosion 2. has already approved or permitted the project.if the project includes work at or below the OHWL, the commissioner 1. :provided thatPlacement of retaining walls, including boulder walls within the SIZ and BIZ 85 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Section 60.200.040 Zone Districts: Chapter 60.200 .any other applicable design standards, ordinances and permitsas well as the requirements of ,Erosion Control, Section 60.400.050G.2described in as Roads, driveways, and parking areas shall meet erosion control standards c. view from public waters. of achieve maximum screening natural topography to and take advantage of natural vegetationearthwork, and to minimize and parking areas shall be designed to Public and private roads b. be closer than 25 feet to the OHWL.Impact Zone, and shall in no case landplaced within Bluff Impact Zone and/or ShoreRoads, driveways, and parking areas shall meet building setbacks and may not be a. standards. the aforementioned ,supplement, not replaceDistrict Overlay. They are intended to Shoreland –apply within the SDO standards shall additional of this UDC. The following ,, Parking, Loading, and StackingSection 60.400.080and parking areas are regulated by , Subdivision Standards, of this UDC, Section 60.400.030Public roads are regulated by Placement and Design of Roads, Driveways, and Parking Areas waters.has approved the proposed connection to public of Natural Resources CommissionerMinnesota Permission for excavations may be given only after the . 6115Minnesota Rules, Chapter shall comply with ,boat slips, canals, lagoons, and harborsExcavations where the intended purpose is connection to a public water, such as Connections to Public Waters c. the riprap.of no less than ten feet from the landward extent woody vegetation, is to be established at a distance A vegetative buffer, consisting of deep rooted and e. level does not exceed three feet height of the riprap above the ordinary high water d. gh water level; andthe ordinary hithe landward extent of the riprap is within ten feet of c. foot vertical;-the finished slope does not exceed three feet b. permitted the project;the commissioner has already approved or ject includes work at or below the OHWL, if the pro a. the shoreline and placement of a filter blanket is permitted if:Placement of natural rock rip rap, including associated grading of 1. the OHWL does not exceed three feet.the riprap is within 10 feet of the OHWL, and the height of the riprap above of 86 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Section 60.200.040 Zone Districts: Chapter 60.200 them should not be located within the floodway or the Shore Impact Zone.Stormwater treatment facilities and the associated disturbances to accommodate for g. 1.be consistent with Minnesota Rules, part 6115.023shall settling of suspended solids and skimming of surface debris before discharge and constructed stormwater outfalls to public waters shall provide for filtering or lyNew f. h the City Engineering Standards.consistent witshall be provided by a qualified individual that they are designed and installed When constructed facilities are used for stormwater management, documentation e. the pre project conditions is permitted.elevation during the 100 year event from No net increase in flood rate, velocity or d. Rochester Code of Ordinances.12(1)a, Stormwater Management Criteria for Permanent Facilities and BMPs, of the -4-project conditions is permitted pursuant to section 6-No net increase from the pre c. 25 percent of lots mpervious surface coverage Within the Shoreland District Overlay boundary, i b. Standards, ordinances, and permits.Stormwater shall be managed in accordance with all applicable City Engineering a. Stormwater Management 87 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Section 60.200.040 Zone Districts: C that it takes place in an existing building or structure that the applicant provided , , Conditional Use Permit60.500.050ASection pursuant to Commission approval Planning subject tois of the Allowed Uses Table indicates that the usein a cell A “V” district.accessory use in that zone A use that is listed as an S use is also permitted as an .of this subsection 5below in provision limited interim use may be available as described -period of time, but approval of a timestated Conditional Use may not be limited to a The approval of a le.hand column of that row of the tab-referenced in the right-crossSpecific Standards -in that zone district, subject to compliance with the Use, Councilby City , Conditional Use Permit Approved LSection 60.500.040N pursuant toapproval City Council subject tos indicates the use i in a cell of the Allowed Uses Table A “C” permitted as an accessory use in that zone district.A use that is listed as an S use is also hand column of that row of the table.-the rightreferenced in -Specific Standards cross-with the Use zone district, subject to compliancen that i Use Permit Conditional Section 60.500.050Apursuant to approval CommissionPlanning subject toindicates the use is in a cell of the Allowed Uses Table A “P” district.A use that is listed as an S use is also permitted as an accessory use in that zone table.of that row of the hand column-referenced in the right-Specific Standards cross-the Use complies with the useand that that zone district in available confirmation that the use isd after Staff indicates the use is permitte in a cell of the Allowed Uses Table “S”A Table sAllowed Use B. tandard applies.Specific S-Useif a n asterisk denotes Uses Table, aIn the Allowed are applied to address impacts that the specific use may have. UDCections of imposed by the other Sove those tandards abSpecific S-seUFor certain uses, assigning present and future land uses into appropriate zoning districts.or delivered, and site conditions. This classification provides a systematic basis for , how goods or services are sold and amount of acti characteristics such as the typebased on common functional, product, or physical categories and specific usesAllowed Uses Table, land uses are classified into general use , 1-300.01Table In ., DefinitionsSection 60.600.030corresponding definition located in , Allowed Uses Table, has a 1-300.01Table Each use listed in each district.and the general standards that shall apply to the development of specific uses within district zone identify the uses allowed in each Section 60.300.010The regulations of this Organization of the Table A. NTRODUCTION I Section 60.300.010 Regulations Use Chapter 60.300 88 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Organization of the Table: Section 60.300.010A Introduction Section 60.300.010 Use Regulations: hapter 60.300 Chapter 60.300 Temporary Family Health Care Dwellings.defines and regulates that 3out of the requirement of Minnesota Statues 462.359-optshe City tPursuant to authority by Minnesota Statues, Section 462.3593. Subdivision 9, Relation to Local, State, or Federal Laws D. amended to treat the use differently.ent interpretation or this UDC is until the Director makes a differ same characteristicsapply to future uses with the interpretation shall be made available to the public and shall the proposed use with other uses listed in the Allowed Use Table. The Director’s and neighborhood impacts of modal traffic impacts, storm drainage impacts, utility impacts, -determination based on a comparison of the size, scale, operating characteristics, multiThe Director shall make that similar to a listed use that it shall be treated as the same use.r is so Director determines that it is included in the definition of a listed use o DevelopmentCommunity Allowed Use Table, the use is not permitted in Rochester, unless the When a proposed primary, accessory, or temporary land use is not explicitly listed in the and Structures Unlisted Uses C. zoning district.in that permittedA blank cell in the Allowed Use Table indicates that the use is not .60.300.020Section are in s-Details about the Use .district where the “*” appears ingin the zon he table applies to the usehand column of t-referenced in the right-crossSpecific Standard -indicates that a Use d Uses Tablethe Allowe in next to a use A “*” of the table. rowhand column of that -in the rightreferenced -Specific Standards cross-, subject to the Useissuance of a temporary permittes that the use is permitted subject to the indica a cell of the Allowed Uses Table in A “T” of the table. rowhand column of that -in the rightreferenced -Specific Standards cross-on the site, and subject to the Useaccessory use only in support of a permitted use indicates that the use is permitted as an a cell of the Allowed Uses Table A “A” in state a period of time during which the use may operate.any approval must ,Interim uses require approval by City Council the table. row ofthat ofhand column -specific Standards referenced in the right-subject to any Useprimary use as an interim “I” in a cell of the Allowed Uses Table indicates that the use is permitted A at the request of the property owner. that factwritten confirmation of deemed to have already obtained approval and the City will issue will be s listed as a “V” use now arehat established, but t they wereby right when . All uses that were permitted LDMtable and with all other applicable requirements of the tandards referenced in the final column of the permitted use Specific S-Usewith any consecutive years and that it complies fivedocuments has been vacant for a period of 89 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Unlisted Uses and Structures: Section 60.300.010C Introduction 010Section 60.300. Use Regulations: Chapter 60.300 60.300.020B.5Section S S S S S S S S S S P *S *S P P* P* Nursing Home S S S S S S S S S S S S S Dwelling UnitMedical Stay 60.300.020B.1Section P P P Dormitory 60.300.020B.1Section S S S S S S S S S S S S S S S HousingCongregate Group Living 60.300.020B.4Section P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Home ParkManufactured 60.300.020B.2Section S S S S S S* S* S* S* S* Development S S S S S S S S S S S Live/WorkDwelling, 60.300.020B.3Section *S *S *S *S *S *S *S *S *S *S *S *S *S *S MultifamilyDwelling, S S S S S S S S S S S S S S Dwelling, Triplex S S S S S S S Same Lot S S S S S S S S S S S S S S S S S Home-Dwelling, Twin S S S S Family Detached-Dwelling, Single Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table Allowed Uses Table at the time the use is established. permit approval, license, or ederalfor permit to operate are required to have that local, state, or government to have an approval, license, ederalfany local, state, or yAll uses required b 90 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 60.300.020C.10Section S S S S S S S S S S S *S P* P* P* P* P Social Services 60.300.020C.9Section P* P* P* P* P* P* P* S* S* S* S* S* S* School P S S S S S S S S S S S S S S S S S S S Public Park 60.300.020C.8Section S* S* S* S* S* S* S* S* S* S* S* S S S S S S Place of Worship 60.300.020C.7Section S S S S S S S S S S S* P* P* P* P* P* Medical Facility 60.300.020C.6Section S S S S S S S* S* P P P Funeral Home 60.300.020C.5Section S* S* S* P* P* P* P* P* P* S* S* S* P* P* P* P* P* P* P* P* ServiceEmergency 60.300.020C.4Section P* P* P* S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ PS/ Day Care Facility C C C C FacilityCorrectional 60.300.020C.3Section S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* GardenCommunity .260.300.020CSection *S *S *S *S *S *S *S *S *S *S *S *P *P *P *P *P *P Community Center P P P P P P P P P P P UniversityCollege or 60.300.020C.1Section P* P* P* P* P* P* Cemetery S S S S S S S S S S S S S P P P P LibraryMuseum, and Art Gallery, Public, Institutional, and Civic Uses 60.300.020B.7Section S* S* S* S* S* S* S* S* S* S* S* P*S/ P*S/ P*S/ P*S/ P*S/ FacilityResidential Care 60.300.020B.6Section C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Housing Transitional Offender Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 91 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: .010DSection 60.300 Introduction Section 60.300.010 Use Regulations: Chapter 60.300 60.300.020D.16Section S S S S S S S S S S* S* S S S P Food and ServiceNeighborhood P S S S S S S S S S S Hotel or Motel 60.300.020D.9Section S S S S S S S S S S S S S* P* P* RestaurantFast Food 60.300.020D.6Section S S S S S P* P* P* P* Bed and Breakfast 60.300.020D.5Section P* P S S S* S S S S *S S S *P Bar or Tavern Food, Beverage, and Lodging 60.300.020D.18Section *S P P* *S *S P* P* RecreationEntertainment or Outdoor 60.300.020D.13Section C* C* C* Indoor Gun Range 60.300.020D.12Section S S S S S S S S S S S S* S* P* P* RecreationEntertainment or Indoor 60.300.020D.8Section P* P* RV ParkCampgrounds or P P P P P P P P P P P P P P P P P Civic CenterAuditorium or 60.300.020D.1Section S* S* S* S* S* S* S* EntertainmentAdult Entertainment and Recreation 60.300.020D.27Section S* S* S* *S *S *S S* S* S* S* *S *S *S S S S S* Animal ServicesVeterinary and S S P S S 60.300.020D.2Section S S * P* P* S ProductionAgriculture Agricultural and Animal Uses Commercial Uses S S S S S S S S S S S S S S S EducationSpecialized Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 92 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota to Local, State, or Federal LawsRelation : Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 60.300.020D.14Section S* S* P P S* P Warehousing 60.300.020D.11Section *S *S S A* *S *S *P Fueling Station S S P S P Services, Major S S S S S P P Automotive Center 60.300.020D.3Section P* P* C* C* Vehicles and Transportation 60.300.020D.26Section *S P *S *S *S *S *S P* *S P Retail, Large 60.300.020D.25Section S S S S S S S S *S P Retail, Medium 60.300.020D.24Section S S S S S S S S S S S* S* P* *P Retail, Small 60.300.020D.23Section S S S S S S S S S S* *S S V S NeighborhoodRetail, Retail Sales 60.300.020D.21Section S S S P S P* S S S S S P TestingResearch and 60.300.020D.17ction Se S S S S S S S S S S S S* S* P* S Office S S S S S S S S S S S S S InstitutionFinancial 60.300.020D.9Section *S *S *P OfficeConstruction 60.300.020D.7Section S S S S S S S S S* S* S S* S* S* S* *S Personal ServiceBusiness or 60.300.020D.4Section S S S S S S S S S S S S V WorkshopArt Studio and Office, Business, and Professional Services 60.300.020D.22Section *S *S S *S S *S *S *S *S *S *S *S *S S P* RestaurantStandard Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 93 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota e, or Federal LawsRelation to Local, Stat: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 Resource and Extraction 60.300.020E.7Section S* S* S* P S* S* 60.300.020E.6Section S S* *P P* S S* *P Storage FacilitySelf Service 60.300.020E.2Section C* Junkyard Storage and, Distribution, and Wholesaling 60.300.020E.4Section S S S S* S* *S *S S* S* S* P* Maintenance ShopRepair and S S P S S S FacilityRecycling Transfer S S S P Light Industry 60.300.020E.1Section S* Heavy Industry S S P P S S ServicesCommercial Heavy S S S S S S P S S S S ManufacturingArtisan Manufacturing, Processing, and Commercial Services Industrial Uses S TransportationRailroad S S S P P S P P P S Dispatch FacilityTransportation Public 0D.2060.300.02Section S S S I I I *C *C *C S S S *A *A A* A* A* A* A* A Parking Lot 60.300.020D.19Section *A *A *A C* C* C* C* C* C* S* *A A* A* Parking Garage 60.300.020D.15Section S S* S* S* S StorageMotor Vehicle Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 94 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota LawsRelation to Local, State, or Federal : Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 60.300.020G.5Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Dwelling UnitAccessory 160.300.020G.Section StructuresAccessory Uses and 60.300.020F.3Section P* P* P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* Mounted -Buildingor -GroundSystem (WECS), Conversion Wind Energy A A A A A A A A A A A A A A A A A A A A Utility, Minor 60.300.020F.3Section C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* Utility, Major 60.300.020F.2Section P* P* P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* Mounted-Buildingor -GroundSolar Collector, P P A A A A A A A A A A A A A* A* A* A* A* P Energy SystemGeothermal S S S P P S P P P P P P P TowerCommunications A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* StructureStealth on Existing P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Freestanding A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Located on -Co 60.300.020F.1Section Service (CWTS)n TelecommunicatioWireless Commercial Uses Utility, Communication, and Energy 60.300.020E.5Section *C *C C* I* I* I* I* I* I* I* *I *I *I *I *I *I *I *I *I *I ExcavationSand or Gravel 60.300.020E.3Section C* C* C* Quarry C Landfill Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 95 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 60.300.020H.1Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* FestivalCarnival or Temporary Uses 60.300.020G.20Section A A A A A A A A A A A A A A A A A A A A Urban Agriculture 60.300.020G.19Section A A A A A A A A A A A A A A A* A* A* A* A* A Tennis CourtSwimming Pool or 60.300.020G.18Section A* A* A* A* A* A* A* A* A* A* A* A* *A A* A* A* Sales OfficeManagement or Residential 60.300.020G.17Section A* A* A* A* A* Security GuardCaretaker or Residence for G.1660.300.020Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* FacilityRelated Service 60.300.020G.15Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* BoxRecycling Drop 60.300.020G.14Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* Vehicle ParkingRecreational 60.300.020G.13Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* AreaOutdoor Eating 60.300.020G.12Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Home Occupation 60.300.020G.11Section A A A A A A A A A* A* A* A* A* A Greenhouse 60.300.020G.10Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Garage 60.300.020G.9Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Fuel Tank A A A A A A A A A A A A A A A A A A A A Charging StationElectric Vehicle 60.300.020G.8Section A* A* A* A* A* A* A* A* A* A* in Facility-Drive 60.300.020G.7Section A* A* Billboard 60.300.020G.6Section A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* Animal Husbandry Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 96 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010 Use Regulations: Chapter 60.300 area in cottage units per acre.maximum 16,000 square feet of gross floor Each cottage development may have a c. cottage developments. quarter mile from other -Cottage developments have a separation requirement of one b. acres. twosize is developmentMaximum a. , CottageDwelling t three rooming or sleeping units equal one dwelling unit.based on the computation thaDevelopments shall meet the standards applicable to permitted Multifamily Dwelling, and DormitoryCongregate Housing B. .Accessory, or InterimVacant, Primary, they areapprovals, and regardless of whether CouncilCity or Staff, Planning Commission, as n, regardless of whether the uses are showthe same line of the Allowed Uses Tableapply to those uses listed on Section 60.300.020this cific Standards listed in Spe-The Use Applicability A. TANDARDS S PECIFIC S-SE U Section 60.300.020 60.300.020H.6Section A* A* A* A* A* T* T* T* T* T* T* T* T* T* Storage Container 60.300.020H.5Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Seasonal Sales 60.300.020H.4Section T* T* T* T* T* T* *T T* T* T* T* T* T* T* T* T* T* T* T* T* Garage Sale 60.300.020H.3Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* Food Truck 60.300.020H.2Section T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* T* and YardContractor's Office Business Medial Fringe Village Node Corridor StandardsSpecific -Use SI LI BP D-MX T-MX I-MX G-MX C-MX S-MX N-MX 4-R 3-R 2x-R 2-R 1-R AG applicable)(where subdistricts and Zoning districts tial-Residen-Non Mixed Use lAgricultura specific standards apply-; Blank cell = prohibited; Uses with an * = useA = accessory use; T I = interim use; S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; Allowed Uses Table 1-300.01Table 97 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Applicability: Section 60.300.020A Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 5 SideInterior B 51 Front A Building Setbacks (Minimum in feet) space manufactured home 00 sq. ft. /2 Usable Open Space space0 ft. / 25 Lot Width space00 sq. ft. / 02, Lot Area ns (Minimum)Lot Dimensio .home parks in all districtsThe following table states the applicable dimensional standards for manufactured Dimensional Standards b. 12. .327.31, SubdCh. Stat. .innshall bear an installation seal as defined in Mnot limited to Chapter 327 and conform to all Minnesota Statutes including butEach manufactured home sited on a lot in a manufactured home park shall Minnesota Statutes.in the the Department of Health requirements for manufactured home parks under Chapter 4630 of the Rules of icensing Owner/applicants must comply with the lAt the time of application General Requirements a. Park Manufactured Home Multifamily Dwellings.in s ments onrequirer fo ,Usable Recreation Area, Section 60.400.070E.8See b. .ection 60.400.020FSNeighborhood Protection Standards, as described than another multifamily structure, the multifamily structure is subject to shares a lot line with any Household Living use other structure Where a multifamily a. Dwelling, Multifamily areas and facilities, and any other features required to be identified by this UDC. facilities, common stormwater managementsites, streets, parking areas, wellingdPlan identifying individual cottage Development The applicant shall submit a Site h. located in that buffer area.ay be side and rear lot line, and no portion of any primary or accessory structure mapplicable to multifamily dwellings, along each Bufferyards, ,Section 60.400.060Din shall maintain a vegetated buffer, meeting the standards cottage developmentEach g. dwelling sites. cottagebut not to individual , cottage developmentZone district lot and setback requirements shall apply to the f. sold individually.or bdivided may not be sucottage development Individual cottage lots or portions of e. shall be provided. developmentof each cottage A shared private common space containing at least 10 percent d. 98 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Residential Uses: Section 60.300.020B Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60 ndscaped and maintained.structures shall be laAll yard areas and other open spaces not otherwise paved or occupied by resistant materials.-weatherStorage sheds, accessory buildings, and carports shall be constructed of buffers required for the manufactured home community.scape buildings may not be located in any setbacks, usable open space, or landrear setback areas of individual manufactured home sites. Such accessory Carports, patios, decks, and accessory buildings may be located in side and uplift of the manufactured home.r provided on each manufactured home space or lot to prevent overturning oshall be ROA 1994 (Uniform Administrative Code and Uniform Housing Code)3 of -1 and 14-downs constructed to comply with Articles 14-Anchorages and tie the manufactured home.siding of skirted with materials similar in color, texture, and appearance to the Manufactured homes that are not installed on a permanent foundation shall be Development Standards c. 26 Primary Structure D Building/Structure Height (Maximum in feet) 10 Rear C 10 Side Street 99 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Residential Uses: Section 60.300.020B Specific Standards-Use Section 60.300.020 Use Regulations: .300 Chapter 60.300 s;Development PlanGeneral Outdoor youth facilities in existence or included in approved following facilities:Separation by a distance of not less than 1,000 feet is required from the the facility from which it shall be separated.the offender housing and specified, the separation distances shall be measured from the property lines of both ection. Except where otherwise Smeet the separation requirements provided in this law or administrative rule must state offender as defined by predatorydesignated providing or intending to provide housing to a Offender Transitional HousingAny Offender Transitional Housing for Sex Offenders c. units shall not exceed 10 persons. Transitional HousingOffender ulation capacity of units within 500 feet is fewer than 100, the pop, except that where the sum of dwelling and lodging use Transitional HousingOffender lodging units in parcels within a radius of 500 feet of a proposed of the sum of dwelling units and percent to exceed 10 gTransitional HousinOffender ) of rooming or sleeping unitssum of the population capacity (may not cause the Agricultural and Residential District anwithin 500 feet of , proposed Offender Transitional Housing that is districts Residential-NonIn .districts Residential-Nonuses in Transitional HousingOffender There shall be no required minimum separation distance between Residential Districts-Offender Transitional Housing in Non b. No minimum separation 4-R 400 feet or greater 3-R 600 feet or greater 2x-d R2 an-R 1,000 feet or greater 1-R Separation Required District in the table:as shown Offender Transitional Housingseparated from other if District Agricultural and Residential nmay be established in aTransitional Housing Offender Residential Districts Offender Transitional Housing in a. Offender Transitional Housing residential street. Localfrom or channel a majority of the traffic generated by the use onto a access pointshave vehicle ses shall not Nursing Home u, sDistrict 4-R, and 3-R2x, -R, 2-, R1-Rn the I Nursing Home 18. -comply with Rochester City Code Section 5owner shall change the use resulting in expiration or termination of resident occupancy, the In cases where the owner of a manufactured home community intends to 100 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Residential Uses: Section 60.300.020B ecific StandardsSp-Use Section 60.300.020 Use Regulations: Chapter 60.300 approval.shall be processed with Planning Commission Zoning Certificaterequest for a features that could mitigate the need for separating the uses. In such instances the zoning, or topographical Residential-Noncal barrier such as an arterial street, physithe two uses are separated by a unless quarter mile of each other-that require Planning Commission approval may Residential Care Facilities No two Spacing Requirements b. .Section 60.500.050APermit as described in of a Conditional Use approval Planning Commissionrequire Residential District acilities serving more than 16 dependents in Fare Csidential Re .subject to Planning Commission approval conditional use2 Districts, such development shall be a -1 and R-. In the RMultifamily Dwellingsprovided that the proposed use meets the requirements applicable to Districts, 4 -3 and R-in the RStaff approval byand may be approved multifamily use and 16 dependents is a permitted 7erving between sacility Fare CResidential 2 District.-the Rfor requirements proposed use must meet thefamily dwellings are not permitted, the -Where single .Family Detached Dwellings-Singlethe requirements for meetsprovided that the proposed use and may be approved by Staff permitted useor fewer dependents is a sixacility serving F areC esidentialRIn all districts, a .approval Zoning Certificaterequired prior to ish licensing proof of sucResidential Care Facility shall be licensed under the State of Minnesota and Licensing and Approval a. Residential Care Facility use. Offender Transitional Housingapplication for the Use PermitConditional y licensed to operate as of the date of facilit residential careor a Separation by a distance of not less than 500 feet is required from a day care Quarry Hill Park in its entirety. secondary schools; andand ,, elementary schoolschildcare facilityExisting public or private day care facility; A licensed child day care facility except for a family acres in size that is equipped with one or more playgrounds; 10over The playground area of any existing or planned public active recreation park acres in size in existence or planned; 10n parks under Public active recreatio 101 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Residential Uses: on 60.300.020BSecti Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 established by the Minnesota Pollution Control Agency.contact -below the residential screening levels for soil exposure, directinc are determined to be at or mercury, molybdenum, nickel, selenium, and z3050B, 3051, or a comparable method and that the metals arsenic, cadmium, individual samples, has been tested for metal content using the US EPA mposite sample of the native soil, consisting of no less than five A co past; orthat the site has only been used for residential or agricultural activities in the Proof through maps, deeds, prior permits, or a combination of those sources and either:contact for lead established by the Minnesota Pollution Control Agency; -directdetermined to be at or below the residential screening levels for soil exposure, samples, has been tested for lead content and the lead content in the soil is A composite sample of the native soil, consisting of no less than five individual isfied:are satdocumentation to the Community Development Director that the following standards Food products grown in soil native to the site may be sold if the applicant can provide Soil Quality c. the sale of produce grown on that site.ty Garden site, except for on the Communi are not a permitted useRetail sales Operational Standards b. least 10 feet from any abutting lot with an occupied residential use.Cold frames are limited to a maximum height of 12 feet and shall be located at 25 percent of the property.than shall be located at least 10 feet from any lot line, and may not cover moreGreenhouses and hoop houses are limited to a maximum height of 15 feet, Structures a. .Local residential streetgenerated by the use onto a a majority of the traffic Uses shall not have vehicle access points from or channel residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsUses shall not Cemetery lic, Institutional, and Civic UsesPub C. 102 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Institutional, and Civic Uses Public,: Section 60.300.020C Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 collector, arterial, or expressway.The site must provide direct access to a 4 District-RLocation Requirements in the b. .street The use must be located at the intersection of a collector street and a higher order District 3-RLocation Requirements in the a. HomeFuneral arterial, or expressway.The site must provide direct access to a collector, Emergency Service use on the lot or parcel. primaryfrom the structure housing the freestandingan internal part of, attached to, or or more from any Heavy Industry use. The day care center may be he portions of the lot or parcel on which the day care center is situated must be T Locational Requirements b. .istrictsdAgricultural and Residential in ,PermitUse , ConditionalSection 60.500.050Aas described in Commission approvalDay care facilities serving more than 20 dependents require Planning Commission.must be approved by the Planning usesuch 2 Districts, -1 and R-. In the RMultifamily Dwellings forrequirements meets the provided that the use 4 districts, -3 and R-Staff in the R may be approved byand serving between 15 and 20 dependents is permitted ty Day Care FaciliA 2 district.-requirements shall be those of the Rfamily dwellings are not permitted, the applicable -single districts whereIn zoning . Family Detached Dwellings-Singlethe requirements for meets provided that the use Staff y be approved byand madependents is permitted , a day care facility serving 14 or fewer Agricultural and Residential DistrictIn all .approval Zoning Certificatesuch licensing shall be required prior to the State of Minnesota and proof of bybe licensed muste Facilities Day Car Licensing and Approval a. Day Care Facility the site.in clean soil brought to the site without completing a soil test of the soil native to As an alternative to meeting the above standards, food products may be grown d beds filled with clean topsoil.If metal content in soil exceeds established thresholds, food products may only 103 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Institutional, and Civic Uses Public,: Section 60.300.020C Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 minimum of 50 feet from any property line. and any structure used for the housing of livestock or poultry shall be located a The animal density shall not be greater than one animal unit per one acre of pasture; b. is not permitted outside of the AG District.ulture production Agric a. In all districts except the AG district: Agriculture Production entertainment use. o adult entertainment establishment shall locate within 750 feet of another adult N d. facility. or youth ,, schoolplace of worshipboundary, al and Residential District AgriculturAll adult entertainment uses shall be located not less than 750 feet from any c. street.The use must be located at the intersection of a collector street and a higher order b. 11 is required.-Chapter 5Compliance with the Rochester Code of Ordinances a. Adult Entertainment Commercial Uses D. Director. regularly serviced transit route, at the discretion of the Community Development For social services providing overnight shelter, the facility shall be located along a b. a collector street and a higher order street.he use must be located at the intersection of , tistrictsdAgricultural and Residential In a. Social Services residential street. Localchannel a majority of the traffic generated by the use onto a from or s pointshave vehicle accesshall not located on any street. All other Schoolscan be Grade th ools that provide educational services to Kindergarten through 5Sch School residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsUses shall not The site must provide direct access to a collector, arterial, or expressway. District N-MXLocation Requirements in the b. residential street. Localgenerated by the use onto a Uses shall not have vehicle access points from or channel a majority of the traffic Districts 4-R and 3,-R2x, -R2, -, R1-Access Requirements in the R a. yMedical Facilit 104 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 residential street. Localgenerated by the use onto a Uses shall not have vehicle access points from or channel a majority of the traffic a. Bar and Tavern Studio and Workshop is 4,000 square feet. N district, the maximum allowed area for an Art -In residential districts and in the MX Art Studio and Workshop residential street. Localhe use onto a generated by tUses shall not have vehicle access points from or channel a majority of the traffic I, and LI Districts-G, MX-Access Requirements in the MX b. where necessary to protect surrounding residential properties.inimize noise, dust, and other hazards pad by the owner of the facility to mLanding pads shall have a planted area maintained around the perimeter of the facility. and kept free of uses or structures not associated with operation of the landing lled and maintained by the owner of the facility of the runway that shall be controclear zone of 1,000 or more feet provided at the end a Landing strips shall have zoned to permit such use.directly related to the operation of the facility unless the underlying land is advertisement activity that is not or ,The use shall not include any retail, service unauthorized personnel.Air transportation facilities shall be designed so as to discourage trespassing by and maintained in effect at all times when the facility is in operation.acility shall be obtained for design and operation of the fAviation Administration including but not limited to the Federal approvals ederalfand tate s All required General Requirements in All Districts a. Air Transportation nuisanceincrease in the emittance of noise, odor, or other the changes may cause an b) the changes may create safety hazards or a) the use is within 400 feet of any residential use; and ; orthan five outside employeesprocessing and packaging of products for wholesale or retail use involving more lving the compounding, the operations constitute an industrial use invo that:Council approval is required where the Community Development Director determines or intensify existing uses are permitted and may be approved by Staff, however City orming Animal production that expand of existing nonconfChanges to the operation c. 105 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 residential street. Localgenerated by the use onto a ave vehicle access points from or channel a majority of the traffic Uses shall not h sDistrict N-MX and ,4-R3, -2x, R-RAccess Requirements in the a. orBusiness 4 districts.-and R ,3-R2x, -R2 district. No distance separation is required in the -breakfast uses in the Rfeet must be maintained between bed and 500A distance separation of at least i. 14Guest stays are limited to no more than h. feet of habitable floor area.must consist of at least 1,500 square nd Breakfast aBed The dwelling proposed for a g. .Vehicle Parking RequiredMaximum Minimum and Section 60.400.080Eshall meet the provisions of room andeach guest half of a parking space shall be provided for - 2x-Rstreet parking space plus one parking space for each guest room shall be -One off f. uare feet in size.sqNo Bed and Breakfast facility shall be permitted on a lot that is less than 10,000 e. one sign not exceeding 12 square feet is permitted. instances,those zoning district. In Residential-Non thathigher level street or on a lot ollector or shall be permitted, except on a lot that has public road frontage along a c4 districts, one sign not exceeding four square feet -3 and R-the dwelling. In the Rsquare feet of display area is permitted. Such signs shall be attached to the front of eding two , one small, unlighted sign, not exceistrictsdAgricultural and Residential In d. double occupancy guest rooms. of fivemaximum Bed and Breakfast will be limited to a 4 districts, -3 and R-In the R c. permitted. isguest rooms a maximum of five double occupancy ,which casen i ,square feet or larger in areaproposed bed and breakfast is 20,000 lot for the theunless occupancy guest rooms, will be limited to a maximum of three double Bed and Breakfast 2 district, -In the R b. property.owner and occupant of the Bed and Breakfast The proprietor of a a. following criteria:the Bed and Breakfast 4 districts, a -and R ,3-R2x, -R2, -In the R Bed and Breakfast .arterial streetan family use, unless separated by -djacent to a singled aShall not be locate ; anda residential district he use shall not be located T N district, -In the MX b. 106 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 Fueling Station 11PM -- 6AM S-MX 11PM -- 6AM N-MX 10PM -- 6AM 4-R of Operation sPermissible Hour District below. If a district is not listed, then no hours of operation restrictions apply. Fast Food Restaurant uses may only operate during the times specified in the table Hours of Operation Restrictions b. single family or duplex a permitted abutting not Use street.The use must be located at the intersection of a collector street and a higher order N Districts-4 and MX-Location Requirements in the R a. Fast Food Restaurant ., Section 60.400.090 standards inAny exterior storage associated with a Construction office is subject to all applicable c. bufferyard areaired the business shall only be permitted in the side or rear yards, outside of any requStorage of materials, vehicles, and other equipment associated with the operation of b. of the traffic generated by the use onto a Local residential street.channel a majority Construction offices shall not have vehicle access points from or a. Construction Office 00 square feet in size.4area smaller than recreational single Recreational space equal to 10 percent of the site area shall be provided, with no c. shall be maintained. any designated site and a residential zoning district boundaryseparation between foot-30Spaces for trailers shall be at least 25 feet wide, and a b. The density of proposed developments shall not exceed 20 sites per acre. a. Park or RV Campground 10PM -- 6AM S-MX 10PM -- 6AM N-MX 10PM -- 7AM 4-R 9PM -- 7AM 3-R 9PM -- 7AM 2x-R of Operations Permissible Hour District the table below. If a district is not listed, then no hours of operation restrictions apply. may only operate during the times specified in uses Business and Personal Service Hours of Operation Restrictions b. 107 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 Each Indoor Gun Range shall have a clear and concise safety plan. f. specifications of the Gun Range.design and construction No ammunition shall be used in the Indoor Gun Range that exceeds the certified e. . thy ammunition to be used in such Indoor Gun Rangeand such design must contain specification as to of Minnesota stateregistered in the gineer The design of the Indoor Gun Range shall be performed by a professional en d. ammunition rounds within the building and in a controlled manner.The design and construction of the Indoor Gun Range shall completely confine all c. the Indoor Gun Range at any time. premises ofBeverage. An Alcoholic Beverage shall not be sold, stored, or consumed on the be located in a building that contains a business that sells or dispenses an Alcoholic Indoor Gun Range shall not sell or dispense an Alcoholic Beverage, nor shall it An b. 87A and MN Rules 7030. Ch.but not limited to the noise standards in Minn. Stat. 87A, included Ch.The building and method of operation shall comply with Minn. Stat. a. Each Indoor Gun Range shall comply with the following standards. 10PM –6AM S-MX 10PM -- 6AM N-MX 10PM -- 6AM 4-R 10PM -- 6AM 3-R of Operation sPermissible Hour District restrictions apply. times specified in the table below. If a district is not listed, then no hours of operation may only operate during the Indoor Entertainment or Recreation establishments Hours of Operation Restrictions b. higher order street with another collector or higher order street.feet of gross floor area shall be located at the intersection of a collector or 5,000 square N districts, any establishment containing over 1-4 and MX-In the R collector, arterial, or expressway.N districts, the site must provide direct access to a -4, and MX-3, R-In the R Location Requirements a. Indoor Entertainment or Recreation line way-of-rightFuel pumps shall be no closer than 15 feet from any b. within any required yard, but no closer than five feet from any property line. Site area improvements devoted to the dispensing of fuels are permitted to encroach a. 108 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 onsUse Regulati: Chapter 60.300 Neighborhood Food and Service LI district.Outdoor storage areas for vehicles that are not for sale or lease are only allowed in b. districts. and LI ,G-MXBP, Outdoor display areas for vehicles are only permitted in the a. Motor Vehicle Sales, Leasing or Storage residential street. Localchannel a majority of the traffic generated by the use onto a ses shall not have vehicle access points from or , uistrictsdG, LI, and SI -n the MXI Motor Freight and Warehousing 10PM -- 7AM SI M10P -- 7AM LI 10PM -- 7AM G-MX of Operation sPermissible Hour District below. If a district is not listed, then no hours of operation restrictions apply. es specified in the table Indoor Gun Range uses may only operate during the tim Hours of Operation Restrictions l. and executed proof insurance. ,requirementsnoise ,caliber of firearms for which indoor gun range is certified ,constructioncontainment design and ,building constructionnot limited to those related to the engineer that demonstrates compliance all provisions in this section including but final certificate of occupancy the applicant shall provide a certified inspection from esting a temporary certificate of occupancy, or a Prior to occupying the building, requ Required Certificate of Occupancy Documentation k. performance standards.shall serve as best practices for shooting range Guide to Planning and ConstructionRange Source Book: A dition of the National Rifle Association's The most current e j. transportation of firearms., state, and local laws and regulations related to the use, sale, rental, and federalApplicant shall operate and manage the Indoor Gun Range in conformance with all i. t must be supervised by an adult instructor.firearm safety classes thaspecifying that minors shall be accompanied by an adult at all times. This includes Signs shall be posted in the entry of the structure and within the Gun Range space h. .Community Development Directorinspection by the vailable for prior to the issuance of the certificate of occupancy and shall be a Community Development DirectorThe policy shall be executed and provided to the of the policy, a change in the limit of the policy, and/or a change in policy ownership. of a cancellation in writing Community Development Directorthe insurer to notify the The applicant shall provide and maintain proof of liability insurance that shall require g. 109 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: ection 60.300.020DS Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 properties.way or adjacent residential -of-visible from any public right is fixturelevel ground bulb or light source in a The development shall be designed so that no district applicable to the adjacent property.zoning property line does not exceed the maximum decibel level permitted in the Sound amplification systems shall be designed so that the noise level at the ll DistrictsADesign Requirements in a. Outdoor Entertainment or Recreation 10PM -- 6AM S-MX 10PM -- 6AM N-MX 10PM -- 7AM 4-R of Operation sPermissible Hour District district is not listed, then no hours of operation restrictions apply. Office uses may only operate during the times specified in the table below. If a urs of Operation RestrictionsHo c. residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsUses shall not N Districts-4 and MX-Access Requirements in the R b. floor area.building, shall not exceed 2,000 square feet of gross If located in a freestanding story building; or-a multihe ground floor of T :shall be limited toOffices 4 District-Location Requirements in R a. Office 10PM -- 6AM S-MX 10PM -- 6AM N-MX of Operation s District ration restrictions apply. the table below. If a district is not listed, then no hours of opeNeighborhood Food and Service uses may only operate during the times specified in Hours of Operation Restrictions b. residential street. Localgenerated by the use onto a ority of the traffic Uses shall not have vehicle access points from or channel a maj N District-Access Requirements in the MX a. 110 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 , parking lots shall comply with the following requirements as applicable.AlternativesIconic Building , Section 60.400.070F.5In addition to the parking standards in Compliance with Development Standards a. GarageParking 11PM -- 6AM SI 11PM -- 6AM LI 11PM -- 6AM S-MX of Operation sPermissible Hour District restrictions apply. specified in the table below. If a district is not listed, then no hours of operation ecreation uses may only operate during the times Entertainment or ROutdoor Hours of Operation Restrictions e. collector, arterial, or expressway.(skeet, rifle, or archery). This category of uses must provide direct access to a cart, motorcycle) or ranges -are not limited to, amusement parks, racetracks (auto, gocreate from flying objects or the use of weapons. Uses in this category include, but they may generate; 2) the glare they produce; or 3) the potential danger they may ) the noise and traffic volumes conventional outdoor athletic facilities because of 1than intensityOutdoor Entertainment or Recreation uses that are of greater Uses CertainLocation Requirements for d. residential street. Localgenerated by the use onto a channel a majority of the traffic ses shall not have vehicle access points from or U LI, and SI Districts I,-MXG, -Access Requirements in the MX c. shooting range performance standards.shall serve as best practices for Book: A Guide to Planning and ConstructionRange Source fle Association's The most current edition of the National Ri ammunition discharge for surrounding properties.designed so as to baffle noise and provide protection from accidental or stray all shooting stations shall be at least 1,000 feet from property lines unless earms, If the proposed use is an open range or gun club involving the use of fir Requirements for Uses Involving Firearms b. weather surface.-surfaces shall have an allshall be setback at least 30 feet from any other property line, and parking s bleachers or rides, Parking areas and other areas of intense activity, such a the facility and no outdoor advertising of business or products is maintained. permitted subject to the condition they are operated primarily for the patrons of refreshment stands or pro shops, are Incidental commercial facilities, such as 111 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 .feet from each other ,500Parking lot uses must be located at least 1 N District-Spacing Requirements in the MX c. material or a dense evergreen hedge three feet in height.view by a solid wall three feet in height constructed of durable maintenance free ublic istrict shall not exceed 60 feet and shall be screened from pdN -in the MXthat is approved by Planning Commission. The street frontage of a parking lot parking lot public N district, the only type of parking lot permitted is a -In the MX parking lot. blic puS district, the only type of parking lot permitted is a -In the MX for Primary Use Parking Lots General Requirements b. parking lots shall comply with the following requirements as applicable., AlternativesIconic Building , Section 60.400.070F.5In addition to the parking standards in Compliance with Devel a. Parking Lot .Iconic Building Alternatives, Section 60.400.070F.5standards in The façade of a parking structure facing a street shall comply with the design parking use in the future.-conversion to a nonht of 13 feet for a depth of at least 30 feet from the street to allow for ceiling heig-to-facing façade of the parking garage shall have a minimum floor-The street locations designated by the City:T Village subdistrict. In park and ride -T district, except in the MX-within the MXated to a park and ride location shall be located No primary use parking garage unrel T District-Standards for the MXAdditional c. uses permitted in the zone district in the future. parking-converted to nonrequired vehicle entryways) to allow those ground floor frontages to be used or ng façade (except for no driving aisle located within 20 feet of the street faciwith street shall be designed with a minimum floor to ceiling height of 13 feet, and The ground floor of each parking structure façade facing a public or private and publicly accessibly open space.way -of-rightsfrom adjacent public ,internal light sourcesbelow hood level, and to conceal Parking structures shall be designed to conceal the view of all parked cars façadeically and horizontally aligned and all floors fronting on such space shall be vertway or publicly accessible open -of-Façade openings that face any public right General Requirements b. 112 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 below. If a district is not listed, then no hours of operation restrictions apply. Standard Restaurant uses may only operate during the times specified in the table Hours of Operation Restrictions b. street.The use must be located at the intersection of a collector street an 4 District-Location Requirements in the R a. Standard Restaurant independent basis.institutions within the subdistrict or by providing research in the field of medicine on an es to existing to the medical community/industry either by providing support servicD district, Research and Testing uses shall be related -In the Medical Subarea of the MX Research and Testing entrance(s).to the primary building access an walkways with direct pedestrian pedestripedestrian routes interface with traffic circulation routes, and to provide areas. The pedestrian routes shall be designed and located to minimize the the primary pedestrian entrance(s) to the building(s) served by the parking en parking areas and shall provide clearly identified pedestrian routes betweSurface parking lots and structures containing more than 50 parking spaces areas.visually separated from other parking modules by buildings or landscaped contain 50 or fewer spaces each and that are into smaller modules that Surface parking lots with more than 100 parking spaces shall be organized area, or a landscaped buffer.occupied by a pedestrian gathering space with seating, a bicycle parking . Such area must be ivate street and that streetparking lot facing a public or prbetween each edge of the of at least six feet in width shall be located area An whichever requires the greater distance from the front lot line.private street (not including alleys) than the façade of a primary structure, or facing a public or private street (not including alleys), or closer to any public No portion of the parking lot shall be located within 20 feet of any lot line following standards:and required or permitted accessory parking lots shall comply with the City,Primary use surface parking lots in park and ride locations designated by the istrict.d T-MXdesignated by the City shall be located within the No primary use surface parking lot unrelated to a park and ride location T District-Standards for the MX d. 113 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 front setbacks, and do not obstruct sidewalks or walkways.parking standards, do not occupy required landscaped areas, do not occupy required meet minimum 14 consecutive days on portions of the lot that are not needed to Outdoor displays related to the retail use are permitted for a period of not more than b. order street.must be located at the intersection of a collector street and a higher The use 4 District-Requirements in the R The site must provide direct access to a collector, arterial, or expressway. .residential street Localtraffic generated by the use onto a Uses shall not have vehicle access points from or channel a majority of the 3 District-R2x and -Requirements in the R Access and Location Requirements a. Retail, Small 10PM –6AM S-MX 10PM –6AM N-MX of Operation s District operation restrictions apply. below. If a district is not listed, then no hours ofNeighborhood Retail uses may only operate during the times specified in the table Hours of Operation Restrictions c. front setbacks, and do not obstruct sidewalks or walkways.areas, do not occupy required parking standards, do not occupy required landscaped14 consecutive days on portions of the lot that are not needed to meet minimum for a period of not more than Outdoor displays related to the retail use are permitted b. residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsUses shall not N District-Access Requirements in the MX a. Retail, Neighborhood 11PM --6AM S-MX 11PM --6AM N-MX 10PM --6AM 4-R rationPermissible Hours of Ope District 114 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use on 60.300.020Secti Use Regulations: Chapter 60.300 Raised corniced parapets over the door; Arcades; Recesses/projections; Overhangs; Canopies or porticos; : elements the followingfeaturing no less than three of Large retail buildings shall have clearly defined, highly visible customer entrances Building Entrances b. front setbacks, and do not obstruct sidewalks or walkways.not occupy required landscaped areas, do not occupy required parking standards, do 14 consecutive days on portions of the lot that are not needed to meet minimum Outdoor displays related to the retail use are permitted for a period of not more than a. Retail, Large 10PM -- 6AM C-MX 10PM -- 6AM S-MX of Operations Permissible Hour District district is not listed, then no hours of operation restrictions apply. Retail Trade uses may only operate during the times specified in the table below. If a Hours of Operation Restrictions b. t sidewalks or walkways.front setbacks, and do not obstrucparking standards, do not occupy required landscaped areas, do not occupy required 14 consecutive days on portions of the lot that are not needed to meet minimum the retail use are permitted for a period of not more than Outdoor displays related to a. Retail, Medium 11PM -- 6AM N-MX 10PM -- 6AM 4-R 7PM –6AM 3-R 7PM –6AM 2x-R of Operation sPermissible Hour District district is not listed, then no hours of operation restrictions apply. table below. If a Small Retail uses may only operate during the times specified in the Hours of Operation Restrictions c. 115 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: 0.300.020DSection 6 Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 Vertical accents or focal points. Variations in roof form and parapet heights; and color of wall surfaces; Distinct changes in texture feet; 10required offset shall have a minimum width of Each of at least one foot depth, and located a minimum of every 40 feet.Changes in wall plane, such as projections or recesses, having a wall offset visible from a street: façadeLarge retail buildings shall incorporate two or more of the following design ArticulationBuilding c. Integral planters that incorporate landscaped areas and places for sitting. structure and design; ord into the building Architectural detail such as tile work and moldings integrate Outdoor patios; Arches; Peaked roof forms; 116 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Commercial Uses: Section 60.300.020D Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsUses shall not a. Quarry 11PM –5AM SI of Operation sPermissible Hour District ctions apply. district is not listed, then no hours of operation restriuses may only operate during the times specified in the table below. If a Junkyard Hours of Operation Restrictions c. ay of the collector or local results in traffic passing through a residential area.wsite from the primary street system (arterials, expressways, and freeways) by Uses shall not take access to any local or collector street where access to the residential street. Localtraffic generated by the use onto a from or channel a majority of the have vehicle access pointsUses shall not Access Requirements b. open for business.shall be closed when the establishment is not for vehicle access penings O allow vehicle access into the site. serving the property,exceeding the minimum width needed to allow access to railroad lines or spurs , or not Openings equipped with a gate or door not exceeding 24 feet in width sides by a wall or solid fence at least eight feet in height.enclosed on all The junkyard operation shall be conducted within a building or within a yard General Requirements a. Junkyard residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsshall not Uses yrIndustHeavy Industrial Uses E. animals are kept indoors from 9 p.m. until 7 a.m.feet in height, and that six four sides by a sight obscuring fence or wall at least In other districts, outdoor exercise runs are permitted provided they are enclosed on b. building at all times.animals shall be kept in a completely enclosed sistrictd S-MXN and -MXIn the a. Servicesand Animal eterinaryV such as columns and/or changes in plane, texture, or masonry pattern. articulating elements façadeSide walls exceeding 30 feet length shall have 117 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Industrial Uses: Section 60.300.020E Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 way of the collector or local results in traffic passing through a residential area.site from the primary street system (arterials, expressways, and freeways) by where access to the Uses shall not take access to any local or collector street residential street. Localtraffic generated by the use onto a from or channel a majority of the have vehicle access pointsUses shall not Access Requirements c. the proposed excavation activity. development related permit needed fordocuments shall be reviewed prior to final action by the City on any The Environmental Assessment worksheets and Environmental Impact Statements. ,among other thingsmay include, Environmental Review Program documents pplicant.aEnvironmental Review Program documents shall be prepared by the by the Community Development Director and, Environmental Review below Section 60.500.030D.1.aReview pursuant to A proposed excavation activity shall be subject to appropriate Environmental Environmental Review Required b. not to cross over the lot line.bumper stops or other means so as of any required bufferyard area and controlled by Storage of materials, vehicles, and other equipment shall only be permitted outside a. ExcavationSand or Gravel 10PM –6AM S-MX 10PM –6AM N-MX of Operation sPermissible Hour District the table below. If a district is not listed, then no hours of operation restrictions apply. uses may only operate during the times specified in Repair and Maintenance Shops b. All operations and storage must be conducted within an enclosed structure. a. ShopMaintenance Repair and to cross over the lot line.required bufferyard area, and controlled by bumper stops or other means so as not setbacks a business shall only be permitted in the side or rear yardsassociated with the operation of Storage of materials, vehicles, and other equipment c. collector or local results in traffic passing through a residential area.from the primary street system (arterials, expressways, and freeways) by way of the or collector street where access to the site Uses shall not take access to any local b. 118 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Industrial Uses: Section 60.300.020E Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 spaces. open and parks, streets, public visible all from screened are doors the unless space, open or ,park street, public any facing unit storage any to doors access or doors garage any have not Does and hallways; interior from accessed units storage to doors access with only floors upper on units storage controlled-climate with structure story-two a least at Is enclosed structure that:contained within a fully D districts all storage shall be -or MX G-MX theIf the facility is located in or other and hazardous materials is prohibited. combustible, corrosive, explosive, radioactive, Storage of flammable liquids or ident Accessory uses permitted include only outdoor vehicle storage and res line is required to allow for emergency vehicle access.feet from the nearest point of the building to the lot 10A minimum setback of rovided between the card reader and the lot line.two stacking spaces must be pWhere access to the facility is provided by a card reader or otherwise controlled over curb. site. The emergency access must consist of a gate and driveaddition to the main access one emergency access must be provided on the In nearest points of buildings.Drive aisles between structures must be a minimum of 18 feet between the Districts Residential-NonStandards in Mixed Use and b. development of residential uses on the site economically unfeasible.oil conditions, make the of the site, such as shallow bedrock or poor subsdistrict, and natural features Residential-Nonhe property abuts an existing T will be retained as part of the site development, or thatuses natural buffers separating the site from surrounding residential are reheT if:Agricultural and Residential District nThis use shall only be approved in a Exterior areas for the storage of recreational vehicles are permitted. .dis prohibite and hazardous materials or other, radioactive, explosive , corrosive,combustible or torage of flammable liquidsS .activity, or any industrial operationstransfer and storage operations), repair and maintenance hire for(including shall be used for any commercial activity Service Storage Facility-Selfo N istrictsAgricultural and Residential DStandards in a. Service Storage Facility Self 119 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Industrial Uses: Section 60.300.020E Specific Standards-Use Section 60.300.020 Use Regulations: Chapt Only one installation per pole on a first come, first served basis is permitted. Pole Criteria replacement pole. In all cases, the existing pole shall be replaced with a General Requirement subject to the criteria set forth below. alone streetlight poles shall be -small cell technology to stand usingequipment ment of an antenna or other wireless communications The installation or attach Wireless Facility Construction Criteria Small a. ) in any zone district, unless specified otherwise:Services (CWTSWireless Telecommunication CommercialThe following regulations shall apply to all Wireless Telecommunication ServiceCommercial Uses , and EnergyCommunication, F. PM10 – 6AM G-MX of Operation sPermissible Hour below. If a district is not listed, then no hours of operation restrictions apply. uses may only operate during the times specified in the table Wholesale Facility Hours of Operation Restrictions c. residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointsUses shall not sDistrict BPand , SI, LI, G-MXC, -MX ,S-MXts in the Access Requiremen b. way for backing movements.-of-the public right usepreclude the need to site to allow maneuvering of vehicles so as to -along with the sufficient room onstreet loading space to handle anticipated vehicles shall be provided, -Sufficient off Loading Requirements a. Wholesale Facility zoning district11 PM where use is adjacent to a residential -- 6AM LI zoning district11 PM where use is adjacent to a residential -- 6AM BP zoning district11 PM where use is adjacent to a residential -- 6AM G-MX of Operation sPermissible Hour s not listed, then no hours of operation restrictions apply. district iSSSF uses may only operate during the times specified in the table below. If a Hours of Operation Restrictions c. 120 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: er 60.300 C feet. percent, not to exceed 01height of the existing pole by more than by more than 60 percent, not to exceed eight inches total, or increase the pole shall not increase the diameter of the existing pole that is replaced The replacement pole and the wireless equipment attached to the (xii) All other details in the City Street Light Design Standards shall apply. (xi) Engineer.All plans shall be signed and sealed by a Professional Civil and Electrical replaced promptly in case of a knockdown.ty at the end of the project so that the pole can be to the Ci applicantequipment, one spare replacement pole shall be provided by For each individual pole type or style used to support the wireless (ix) replacement pole.mounted equipment shall match the color of the -All pole (viii) way whenever possible. -of-requipment cabinets or power pedestals, shall be placed at the back of the All ground based wireless equipment, including, but not limited to, (vii) sidewalk elevation.All pole attached wireless equipment must be a minimum 10 feet from the (vi) law or regulations. federalor ,including a replacement pole, except to the extent required by local, stateNo Company signs are permitted to be placed on a streetlight pole, dark green –height and 25 Shoppes on Maine Area, 14 finish (no paint)steel stainless –height feet D-T and MX-All districts except MX gray finishgalvanized or –height D-T and MX-districts except the MX black finish –height districts D-T and MX-In the MX s. Color criteria for poles shall be as follows:surrounding area poleThe color and surface treatment of the replacement pole shall match the (iv) streetlight pole being replaced.The mast arm length of a replacement pole shall match the existing (iii) more than 35 feet. inaire on the streetlight pole shall be no The mounting height of the lum (ii) above the streetlight luminaire itself.The wireless equipment is not permitted to protrude more than five feet 121 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: hapter 60.300 Chapter 60.300 height in front of the front yard of a residential home.in inches Evidence or documentation that the structure shall not exceed 36 Evidence or documentation of the dimension of the structure. .orange traffic coneuse an and/or hite tape, of the proposed structure, mark the location with wtwo at 45 degrees on either side of the proposed location. Identify the location Three photographs of the proposed structure, one at 90 degrees, the other triangle compliance.-Verification of sight ccess.truck access and alley ashall not block trash structureway as refuse containers or utility poles. The -of-Evidence that the structure shall be placed on the same side of the right technical/engineering restrictions.selected on the basis of aesthetics and within neighborhood. The site will be City will provide documentation that identifies a potential site for replacement .regulations and this UDCcompliance with applicable City in height, given its proposed location, the structure will comply or be in hesinc ground structure is over 36-Evidence or documentation that, where the above must be accompanied by the following information: inches All permit applications to place or install above ground structure greater than 24 Ground Utility Structures-Abovefor Additional Information Required at and serve any one pole site.No more than one equipment cabinet and/or power pedestal shall be located family dwelling.-use is a singlesetback a minimum of 15 feet from lots where the existing or planned primary alls and conditioning shall be enclosed by w-Equipment cabinets with air standards of the underlying zoning district.Equipment cabinet locations shall comply with the height and development Equipment Cabinets way.-of-ures used to provide lighting streetlight luminaire and related streetlight fixtprimary purpose of the pole shall remain as a pole structure supporting a When wireless equipment is attached to a replacement pole, the (xv) ports in the antenna.xcept where such cables or wires attach to the located inside the pole eAll cables or wires for the attached wireless equipment shall be (xiv) inches off the pole. sixconcealed antennas and mounted no more than mount, and -mount, canister-Antennas shall be limited to snug (xiii) 122 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 Within any setback required by the underlying zone district. .way-fo-rightWithin 50 feet of an existing Within 100 feet of the property line of any Residential zone district. prohibited in the following locations: CWTS isreestanding A f Location and Separation of Freestanding CWTS d. he existing structure height by 10 feet.case the CWTS may exceed tunless fully screened from view from all streets abutting the property, in which Stealth Facilities on Existing Structures: No taller than the existing structure, feet. : 65CWTSFreestanding feet. tower or existing structure: 75 CWTSlocations on any existing unconcealed -Co Maximum Height c. telecommunications services.administered so as to have the effect of prohibiting the provision of wireless law, these concealment requirements shall not be federalConsistent with .CWTSLocated so that it is not readily visible or identifiable as a .CWTS other structures provide the greatest amount of screening of theLocated in areas where the existing topography, vegetation, buildings, or s to the maximum extent practicable.structureLocated on existing vertical structures, including utility poles and public utility shape. considering height, color, style, massing, placement, design, andblend in with the nature and character of the built and natural environment, ndscaping to Aesthetically integrated with existing buildings, structures, and la is: determines that the facilityDirector Community Developmentis considered concealed if the CWTSA structure. Residential-Nona permitted building shall only be permitted on n existing concealed installation on a3 districts, -2x, and R-2, R-1, R-In the R existing vegetation, and nearby residences.shall have the least adverse visual effect on the environment and its character, e the least visually and physically intrusive as possible and shall b CWTSThe technology. locations, shall use concealed-unconcealed towers and public utility colocations of antennas on existing -, excluding coCWTSproposed Any RequiredStealth Design (Concealment) b. the specifications of the structure, if available. 123 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 .permittedlaw is federal or tate s Only signage required by zone district.200 foot lamberts measured from any private property in any Residential site luminance greater than -off lamberts at any point and shall not have ansite luminance greater than 1,000 foot -The lighting shall not have an off use. way or any lot containing a residential-of-shine directly on any public rightgle of the light fixture shall be such that it does not off an-The location and cut met: conditions areprovided all of the following however additional lighting is permitted ,permittedagency is ederalfand/or ate st Only security lighting or lighting required by a Lighting and Signage e. prices. substantially exceed commerfacility, or such owners are requiring payments for such placement that within the ½ mile radius will not allow the applicant to place its CWTS on that That the owners of existing towers, structures, or public utility structures unsuitable. public utility structures within the ½ mile radiusThat there are other limiting factors that render existing towers, structures, or interference with the applicant’s proposed CWTS.owers, structures, or public utility structures would cause existing texisting towers, structures or public utility structures, or the antenna(s) on the cause unavoidable electromagnetic interference with the antenna(s) on the location of the proposed CWTS would -location or public utility co-That co CWTS. proposedspace to support the radius meets the minimum engineering requirements and/or lacks available That no existing tower, structure, or public utility structure within a ½ mile following: addressing all of theth supporting exhibits submitted by the applicant consist of an affidavit wiof new construction to reasonably accommodate the proposed CWTS shall location cannot be used in lieu -location or public utility co-demonstrates that co construction to accommodate the applicant’s proposed CWTS. Evidence that new existing tower, structure, or public utility structure can be used in lieu of Director determines, upon the applicant’s demonstration, that no DevelopmentCommunity No new freestanding CWTS shall be allowed unless the .CWTS cell-freestanding smalla ly to . This requirement does not appCWTSfreestanding , as measured from the wall or fence of each CWTSother freestanding New freestanding CWTS shall be located a minimum of 1,000 feet from any 124 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 “substantial changes” to existing facilities, as those terms are defined in the Act.“eligible facilities” and treatment of Telecom Facilities that do not propose courts), including without limitation processing of applications for approval of federalRelief and Job Creation Act (2012) (as amended and interpreted by the d Middle Class Tax Telecommunications Act an Federalas required by the -No provision of this UDC shall be interpreted to prevent a co high. inches deep, at least 10 feet and no more than 20 feetcabinet(s) shall be not more than three feet by four feet by 18 he equipment T intrusive manner, to blend in with the existing structure and its surroundings.but shall be done in the least visibly ,Stealth Design (Concealment) Required subject to the criteria set forth below. alone streetlight poles shall be -small cell technology to stand usingequipment The installation or attachment of an antenna or other wireless communications .Section 60.300.020F.1.an requirements ilocations are not subject to the concealment -facility. Otherwise, such coshall maintain the concealed nature of the CWTSlocation on a concealed -Co locations are encouraged. -Co location-Co i. agency. ederalftate or ssuccessor of that agencemissions as established by the Federal Communications Commission or any shall meet health and safety standards for electromagnetic field CWTSEvery Health Issues h. electromagnetic interference.of that agency, regarding physical and Commission, or any successorshall meet the regulations of the Federal Communications CWTSEvery Interference g. The facility owner shall notify the City when removal of the facility occurs. preconstruction condition. site, the site shall be returned to its CWTSIf there is no vegetation on a surrounding vegetation. Upon removal, the site shall be revegetated to blend with the existing owner within the following three months. CWTSnot in use for three consecutive months shall b isthat Any CWTS Abandonment f. 125 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 mounted solar shall: -ingAccessory build Mounted Solar Collectors-Accessory Building c. Be included in determining the maximum coverage of structures on the lot. Not exceed 15 feet in height with panels oriented in a vertical position; and mize glare visible from abutting properties;Be located so as to mini Not be located within an easement; Be set back at least six feet from the side and rear property line; only;setback Be located in a side or rear yard mounted solar collectors shall:-Accessory ground Mounted Solar Collectors-GroundAccessory b. month period.-days after the end of the 12collector, mount and associated equipment and facilities by no later than 90 more than 12 consecutive months, the property owner shall remove the ceases to perform its originally intended function for If the solar collector system connected to the electrical utility system.The property owner shall notify the electrical utility where the solar system is building and electrical codes. stateity and CAll systems shall comply with all possible.ground when All exterior electrical lines shall be buried below the surface of the General Standards for All Solar Collectors a. Mounted-or Building -Solar Collector, Ground sidewalks. Equipment and screening materials shall not block pedestrian pathways and aterial.m the equipment with opaque, or decorative feature that fully screens cabinetequipment nnot limited to aEquipment shall be screened by a wall, fence, or other method including but requirements: above, but must comply with the following2 and 1 requirements in Subsections s are not subject to the landscaping CWTScell -Freestanding small to screen ground equipment facilities from public view.shall include vegetation that is planted and maintained CWTSs high. least six feet and not more than nine feetshall be surrounded by an opaque wall or fence at CWTSs Landscaping and Screening j. 126 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 exceed the maximum height in the applicable zoning district shall meet the d on a primary or accessory structure and does not A WECS that is place dwelling unit at least 1.1 times the total height of the WECS.site -mounted Small Utility WECS shall be set back from each on-Each ground the application at least 1.1 times the total height of the WECS. project site boundary shown in abutting properties shall be set back from eachmounted WECS located on a project site that contains two or more -A ground property line at least 1.1 times the total height of the WECS.mounted WECS located on a single lot shall be set back from each -groundA Setbacks b. zoning district by more than five feet.Mounted WECS may not exceed the height permitted in the applicable -Building Mounted WECS shall not exceed the height permitted in the applicable -Ground Height Limitation a. tedWind Energy Conversion System (WECS), Ground or Building Moun approvals.Utility uses required in connection with a Major Utility use do not require additional Utility, Major Be considered in determining the maximum coverage of structures on the lot. ; andBe located so as to minimize glare visible from an abutting property Not exceed 25 feet in height when oriented at maximum tilt; zoning district. Residential-Nonor Mixed Use district, and at least 15 feet from any property line if adjacent to ntial zoning Be set back at least 25 feet from any property line abutting a reside mounted solar collectors shall:-Principal ground Mounted Solar Collectors- d. lot line but shall not extend closer than four feet to a side lot line.s required along a side percent of the depth of a minimum yard or setback that iIf mounted to the wall of a building, may extend into or over no more than 33 least one foot from the edge of the roof closest to the front lot line; andso that the edge of the device is set back at of the building, shall be mounted If mounted to a portion of the roof ending at, or extending over, the front façade zoning district in which it is located;Not extend more than 18 inches above the maximum height permitted in the 127 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UsesUtility, Communication, and Energy : Section 60.300.020F Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 it is accessory.structure to which use or primarysubstantial completion of construction of the time of thestructure shall be constructed or established on any lot prior to the use or No accessory Limitation on Establishment .UDCexcept as provided for within this accessory building, basement or cellar shall at any time be used as a dwelling, icle, Inadequate Dwelling Facilities: No garage, tent, trailer, recreational veh b. .of this UDCall applicable provisions compliance with has been issued that establishes CertificateZoning No accessory use or structure shall be established or constructed unless a a. General an exception is provided elsewhere in this UDC. standards unlesscomply with the following shall All accessory uses shown in the Allowed Uses Table and Structures Accessory Uses G. 2x districts.-2, and R-1, R-Rper development site in the mounted WECS is permissible -No more than one ground Agricultural and Residential DistrictsNumber of Systems in d. from any power line.No components of a WECS shall be located within or encroach within 10 feet 5 wetlands, and flood control reservoirs. -es 3Resources lands, Typof Natural Department wildlife management areas, other Minnesota state with a height of more than 100 feet shall not be located within 600 feet of anymounted WECS with blades that spin on a horizontal axis and -Each ground ion DistanceSeparat c. zoning district in which the project is located.the WECS shall comply with the required primary building setbacks for the Substations, facility buildings, and other accessory structures that are part of e property line in any operational position.thThe blades of a WECS placed on a primary building shall not extend beyond height of the WECS. WECS shall be set back from each property line at least 1.1 times the total final process, the Variance ASection 60.500.070Cadditional height through the y or accessory structure receives approval for If a WECS attached to a primar where it is located. minimum setback for the primary or accessory structure in the zoning district 128 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 UDC.unless otherwise provided by an exception in this , applicable zoning districtfloor area ratio, if any, for the not exceed the maximum shall building on a lot and accessory primaryThe sum of the individual gross floor area of each Requirements Separation and Floor Area the primary structure. Detached accessory buildings or structures shall not exceed the size of c. accessory structure shall occupy no more than 15% of the lot area. If any part of the accessory structure is located in the side yard, the b. .area setback no more than 35 percent of the rear yard, accessory structures shall occupy setback d in the rear yardWhen locate a. Requirements Coverage .setback yardmay encroach 20 percent into the minimum rear structure or building primaryGarages or accessory structures that are attached to and an integral part of the Setback Requirements buildable area.located in the structure or building shall be primaryand an integral part of the Unless otherwise permitted, garages or accessory structures that are attached to Requirements Location Lot Development Standards b. side setback required for the primary structure on the lot.of the half -recreational vehicles shall be located closer to any side lot line than oneaccessed parking for vehicles or -No accessory building that provides street and No accessory structure may be located within five feet of an alley; Subsection a above: in addition toThe following are Additional location requirements structure is prohibited by Subsection b below.18 inches of any side or rear lot line, and not in any area where the building or be located in a side or rear yard area, but not closer than residential use mustcessory to a Detached garages, accessory buildings, and structures ac Location a. .istrictsdAgricultural and Residential all structures in accessory and ,garages, accessory buildingsdetached The following general regulations apply to sAgricultural and Residential Districtin Accessory Structures 129 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 .principal dwellingthe primary entrance to the accessory dwelling unit located on the front façade of pitch, and shall not have a façade colors, window style, and roof design and such as similar façade materials, dwellingdesign elements of the principal style, appearance, and character of the principal dwelling by incorporating dwelling unit shall maintain the architectural design, accessory An attached Additional Standards for Attached Accessory Dwelling Units b. dwelling units.may not be used as accessory and storage containers Recreational vehicles unit. dwellingprincipal the dwelling unit may have ownership different from the ownership of , and no portion of a structure containing an accessory principal dwelling unitsubdivided from or legally described differently than the lot containing the ry dwelling unit is located may be No portion of a lot on which an accesso square feet of 1,000ot contain more than n An accessory dwelling unit must of the lot.accessory dwelling unit must be the primary permanent residence of the owner the principal dwelling unit or the principal dwelling unit on the lot, either If the accessory dwelling unit is located in a district that only allows a single There shall be no more than one accessory dwelling unit on a lot. General a. Accessory Dwelling Unit .the lot coverage computationm froare exempt in floor area under 200 square feet tructuresS coverage for the district.building or structure located on the same lot or site shall not exceed the permitted lot primaryThe combined lot coverage of accessory buildings or structures and the c. building unless provided for in this Section. primarydistrict shall exceed the height of the Residential-NonNo accessory building in a b. provision of required landscaping on the lot.building on the lot and shall not interfere with primaryall setback requirements for the shall meet residential use-nonAccessory buildings and structures associated with a a. Residential Districts-Accessory Structures in Non required by the Building Code.structures shall be as primaryry structures from Separation of accesso within 18 inches of a side or rear lot line.A roof may not extend beyond the wall more than six inches where located 130 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use Section 60.300.020 se RegulationsU: Chapter 60.300 way where a -of-School, or Medical Facility properties that abut the same rightproperty as shown in Figure 1d. This restriction only applies to Place of Worship, on any boundary line of the Place of Worship, School, or Medical Facility int billboard to the Place of Worship, School, or Medical Facility to the closest poMedical Facility. This distance shall be measured from the nearest edge of the No billboard shall be located within 300 feet of a Place of Worship, School, or iv. 1c.wn in Figure railroad intersection to the nearest edge of the billboard as sho-streetway. The distance shall be measured from the center point of the -of-railroad rightNo billboard shall be located within 200 feet of the intersection of a street and a iii. wn in Figure 1b.way of two or more streets or highways as sho-of-rightsNo billboard shall be located within a 100 foot radius from the intersection of the ii. directed as shown in Figure 1a.way line of the street or highway where the billboard is -of-the adjacent rightalong same side of the street. Distances between billboards shall be measured No billboard shall be located within 1,000 feet of another billboard located on the i. spacing standards:All billboards erected after December 22, 1992, shall comply with the following Spacing a. Billboard .that are typically raised for sale or profit are only permitted in the AG districtHorses, llamas, and animals that typically weigh more than 100 pounds when mature or pedestrian pathway of at least three feet in width. paved a byway -of-adjacent rightclosest The accessory dwelling unit shall be connected to the on the lot. principal dwelling unitthe shall be compatible with that of massing, roof shape, and exterior appearance, including but not limited to ng unitThe architectural style of the accessory dwelli rear lot line. , and may be no closer than 10 feet to an alley or the principal dwelling unitthe The detached accessory dwelling unit must meet the same side setbacks as Building Code.stance as required by , or the minimum separation diprincipal dwellingthe shall be located no closer than 6 feet to dwelling unitThe detached accessory yard. or side Detached accessory dwelling units shall only be located in the rear sAccessory Dwelling Unitrds for Detached Additional Standa c. on the lot. principal dwelling unitAn attached accessory dwelling unit must meet the same setbacks as the 131 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use ction 60.300.020Se Use Regulations: Chapter 60.300 River Road). Street NW from Trunk Highway 52 easterly to County Road 133 (West th 55 Street NW; and th northerly and westerly to Trunk Highway 63 at 37versity Center County State Aid Highway 22 from Trunk Highway 14 at the Uni Street NW, th and northerly to Trunk Highway 52 at 55County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly portions of the following streets and highways within the City:ing No billboard shall be located within 300 feet of and oriented toward the follow vi. shown in Figure 1e.way to the closest point on any boundary of the Residential district as -of-righttial district. This distance shall be measured from the nearest edge of the ResidenNo billboard shall be located within 250 feet of a boundary of an Agricultural and v. way as the Place of Worship, School, or -of-side or the opposite side of the rightented, regardless of whether the billboard is located on the same billboard is ori 132 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 Figure 1c Figure 1b Figure 1a 133 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G ndardsSpecific Sta-Use Section 60.300.020 Use Regulations: Chapter 60.300 Figure 1e Figure 1d St./Collegeview Rd. th St., or SE 4 nd onto, N. or S. Broadway, SW. 2 Be accessed directly from, or be located on a lot(s) with a ; andbuilding facing that streetof the primary façadeany public or private street and any portion of any in facility pass between -Be located or designed so that vehicles using the drive shall not: sDistrictS -and MX T-MXin facilities in the -Drive equirementsDistrict RS -and MXT -MX f. advertising of business or products is maintained.the condition they are operated primarily for the patrons of the facility and no outdoor Incidental commercial facilities, such as refreshment stands, are permitted subject to e. ies.way or adjacent residential propert-of-from any public rightThe development shall be designed so that no ground level light sources are visible d. whichever is greater., at the property linee adjacent property or the existing ambient noise level as measured applicable to thline does not exceed the maximum decibel level permitted in the zoning district Devices such as speakers shall be designed so that the noise level at the property c. through. -up through the drive-materials are offered for sale and pickds or Waste receptacles shall be provided at all exits where readily disposable goo b. line.surfaced to control dust and shall be setback at least 30 feet from any other property -That portion of the site area used for vehicle circulation and parking shall be hard a. In Facility-Drive 134 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: .300.020GSection 60 Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 .Home Occupationbe engaged in the mayemployee elling unit, ther than a member of the family residing in the dwO d. .entrancea separate and shall not include construction features not normally found in dwellingsnot involve internal or external alterations or shallHome Occupation The c. .square feet, whichever is less 1,000the dwelling unit or of the livable area of percent shall not occupy more than 25Home Occupation The b. swimming pools or tennis courts.recreational facilities such as using or structure on the lot, except for uses unit,, dwelling sory buildingof an accesThe Home Occupation may not involve the use a. .are met standardshe following All Home Occupations require Staff approval and may only be approved if t Home Occupation .25 percent of the propertyfeet from any lot line, and may not cover more than 15 feet, shall be located at least 10 are limited to a maximum height of , greenhouses istrictsdAgricultural and Residential In Greenhouse foot minimum setback a 19must maintain , which face the front property line,dwelling unit aGarages attached to b. interfere with installation of all required landscaping on the lot.The location and size of detached garages for residential uses shall not determine lot coverage by buildings, structures, and paved surfaces. calculations to Detached garages for residential uses shall be included in the . calculation shall be excluded from the floor area ratioetached garages for residential uses Unless stated otherwise in this UDC, d General a. Garage association with a fence.plant materials in from adjacent properties with low hedges, evergreens, or other , subject also to the fire protection regulations, and shall be screened setback yardSuch fuel tanks shall be located in the buildable area of the lot or the required rear b. ite structures. heating on sAn accessory fuel tank may be permitted in any zoning district for the purpose of a. Fuel Tank 135 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ry Uses and StructuresAccesso: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 holder. Sidewalks shall be swept and washed daily by the permit c. .way-of-in the public right Structures and equipment shall not be permanently installed b. .or circulation vehicular traveldesignated for a street No sale or service shall be permitted in any portion of a. standards:shall comply with the following way-of-Outdoor eating areas located on a public right Outdoor Eating Area .Multifamily Dwellingtotal of 12 square feet of signage permitted for the ize, and there shall be no more than a cumulative greater than two square feet in sshall be no Multifamily Dwelling Each individual home occupation sign within a n. not exceeding 12 square feet is permitted. , one signzoning district Residential-Nonlevel street or on a lot that directly abuts a r or higher permitted, except on a lot that has public road frontage along a collecto4 districts, one sign not exceeding four square feet shall be -3 and R-In the R m. permitted.is , and attached to the front of the dwelling,two square feet of display areanot exceeding 2 districts, one small, unlighted professional sign, -1 and R-In the R l. .person, business, or locationnamed in the application, and may not be transferred to another is valid for only the person, the business, Home Occupation approving a ny permit A k. .poundswith a gross vehicle weight of over 10,000 or other truck , fuel oil delivery truckstopped on the premises, and such vehicle shall not be a dump truck, wrecker, or shall be stored or Home Occupation e vehicle used in connection with the Only on j. .detrimental effect on the capacity of streets in the arearaffic that may be generated shall not be of such magnitude as to have a significant T i. are incidental to a permitted commercial service.articles theng on the premises shall be sold, unless rticles made or originatiOnly a h. the dwelling unit are permitted.is visible from outside thator services ,and no display of products, goodsOccupation Home No exterior storage of equipment or materials in connection with the g. iver located off the premises.television recevisual or audible interference on any radio or premises, including noise, vibration, glare, fumes, odors, or electrical interference detectable off the creates thatmechanical equipment or process Home Occupation may use a No f. Ordinances.except as otherwise provided by any provision of the Rochester Code of ,animalskeeping of fowl or farm oarding of animals or No Home Occupation may involve the b e. 136 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota cturesAccessory Uses and Stru: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 rpose of security. industrial use for the puis permitted for any commercial or security guardaretaker of cesidence for rA a. Security GuardResidence for Caretaker or exempt from this requirement and may be open to the public on a fee or other basis.rict, such facilities are 4 Dist-use and their guests. When provided in the R primaryThe facility shall be operated only for the residents, employees, or guests of the b. that structure or 4,000 square feet, whichever is less.cent of the gross floor area of all the dwelling units in shall not be greater than 25 perMultifamily Dwelling The gross floor area of all retail and service facilities within a a. Related Service Facility the height of structure.Each recycling drop box shall be setback from all property lines a distance equal to b. visibility area or a required bufferyard.A recycling drop box may be located anywhere on a lot except in a required traffic a. Recycling Drop Box .an accessory dwelling unitas or any residential zoning districtused as permanent accessory structures within Recreational vehicles may not be f. district.license in order to be stored outside upon a property within a residential zoning Recreational vehicles or equipment that require licensing must have a valid current e. where present, or the paved area of the street.20 feet from the back of the curb, back a minimum of may be parked on an established driveway, provided they are setRecreational vehicles and equipment over 18 feet in length, or seven feet in height d. Dimensional Standards. General , Section 60.400.020E required front or side yard meeting the provisions ofequipment under 18 feet in length, may be parked on an established driveway in a or recreational Recreational vehicles under 18 feet in length and seven feet in height, c. the rear yard.permitted at all times within an enclosed building or within areParking and storage b. 2x districts only one RV may be stored on a lot.-2, and R-1, R-In the R a. .strictionspermitted subject to the following reThe parking and storage of recreational vehicle and recreational equipment on a lot is Recreational Vehicle Parking 8.-the Rochester Code of Ordinances, Chapter 9to pursuant way -of-located on public property or rightsuses A permit is required for all f. pedestrians.by for passageunobstructed A minimum of five feet of sidewalk width must remain e. Trash disposal and electricity must be provided from within the establishment. d. 137 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 25 percent of the property.shall be located at least 10 feet from any lot line, and may not cover more than et, Greenhouses and hoop houses are limited to a maximum height of 15 fe Structures b. Urban Agriculture uses must comply with the Rochester Code of Ordinances Title 3. Compliance with other City Regulations a. Urban Agriculture regulations limiting lot coverage.of Enclosed pools and courts shall be considered as structures for purposes f. when the pool is not being attended.shall be fenced in as stated in this Section. The ladder must be removed or retracted le type ladder, a retractable ladder, a removable ladder or automatically retractabFor an above ground swimming pool, the pool shall be equipped with an e. can be used in lieu of fencing requirements.ground pool, a mechanically controlled cover -by children to the pool area. For an inffectively controls the entrance is located shall be enclosed by a fence of a type that eground or surface swimming pool, the pool or the property where the pool -For an in d. line.Pump and filter installations for pools shall not be closer than 20 feet to any property c. ine of the property. shall not be closer than 10 feet to any property llocated in any required front or required side yard and The pool or court shall not be b. .occupation allowed as a permitted homepool or court shall not be operated as a business or private club, except when The a. .unless it complies with the following requirementsDistrict Agricultural and Residential No swimming pool or tennis court shall be allowed in any Swimming Pool and Tennis Court reet parking equal to that required for office uses shall be provided.st-Off c. identification purposes. One freestanding sign not to exceed six square feet in size shall be permitted for b. development.of other dwelling units in the , leasing, or managementheadquarters for salesoffice for management of the development or as a devoted to use as an ne dwelling unit may be or manufactured housing development, o multifamilyIn any a. Sales Officeor Management Residential it. building or detached from primaryThe residence may be either an integral part of the b. 138 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Accessory Uses and Structures: Section 60.300.020G Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 10PM -- 6AM S-MX 10PM -- 6AM N-MX of Operation sPermissible Hour District table below. If a district is not listed, then no hours of operation restrictions apply. cified in the may only operate during the times spe s and Yards Contractor’s Office Hours of Operation Restrictions c. residential street. Localgenerated by the use onto a from or channel a majority of the traffic have vehicle access pointshall not S I Districts-G, and MX-N, MX-S, MX-Access Requirements in the MX b. shall be removed upon completion of the construction project.The office or shed shall not contain sleeping or cooking accommodations and Permitted in any district where it is incidental to a construction project. General Requirements a. Contractor’s Office and Yard . participants that are less than two daysis limited to events of 200 or fewer , the permitistrictsdAgricultural and Residential In c. centers, and schools.community , primary uses such as Residential-Nonay occur on M b. line.00 feet of any residential property 1within located No structure or equipment shall be a. FestivalCarnival or PermitsTemporary H. occur between sunset and sunrise. generators may No outdoor work activity that involves power equipment or resistant. -shall be enclosed at ground level to be rodentCompost piles shall not exceed six feet in height. Refuse and compost area Urban Agricultural use.not part of the contiguous land in the draining onto adjacent property that isThe site drainage and maintenance shall prevent water and fertilizer from of produce grown on that site.Retail sales shall be prohibited on the Urban Agriculture site, except for the sale Operational Standards c. use. least 10 feet from any abutting lot with an occupied residentialCold frames are limited to a maximum height of 12 feet and shall be located at 139 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.300.020H Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 mercial Services in the LI and SI districts. ComThis primary use of land shall comply with all standards applicable to Heavy Container Storage as a Primary Use of Land temporarily located adjacent to loading docks of a primary structure.ively being used for the transportation of merchandise and are that are acttrailers -following requirements. These standards do not apply to truck trailers or semimeet the Residential Districts must -in Mixed Use and Nonontainer storage area C Residential Districts-Standards in Mixed Use and Non c. re feet of sign area. two squaBe an earth tone color and may have an identification sign with no more than residential dwellings are located across the street. Be set back at least 50 feet from each property line abutting a street when least 25 feet from each public street. Be set back at lot. edzon residentiallyBe set back at least 50 feet from each property line abutting a a period not to exceed six months per year.Only be permitted on site containing a Park, School, Place of Worship, and for shall:Residential Districts in Agricultural and All storage containers Standards in Agricultural and Residential Districts b. occupancy.No storage container may be used for temporary or permanent human the storage container is already shown on an approved Site Development Plan.unless review has been completed and a Zoning Certificate has been issued, No storage container shall be located on a lot before a Site Development Plan General a. Storage Container .lessor 45 daysof Seasonal sales are only permitted for a period b. way.-of-rightSale areas shall be set back a minimum of 20 feet from any a. Seasonal Sales .exceed three consecutive calendar days , and each sale may notpropertyGarage sales are limited to no more than three sales per calendar year at any one Garage Sale required. 21 is-Chapter 5Compliance with the Rochester Code of Ordinances Food Truck 140 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.300.020H Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 appearance as the primary structure, and a gate that blocks the view of the osed by a solid wall made of the same material and the same enclG and LI districts, the storage container shall be completely -In the MX Services use.shall be required to provide a bufferyard as required for a Heavy Commercial G, LI, and SI districts, the area designated for storage containers -In the MX provementsSite Im ., .090Section 60.400exterior storage area as regulated by the district and by age area and must be calculated as part of the within the permitted exterior storServices Use proposes to use storage containers, the containers shall be located area, whichever is less. Where Large Retail use or a Heavy Commercial r dimensions of the primary structure or 10 percent of the gross floor the outearea. The area on a property designated for storage containers shall not exceed the floor area and all related calculations including floor area ratio and landscape The area of a lot designated for storage containers shall be included as a part of Site Impact grade. half feet above the finished -The maximum height permitted shall be nine and one Maximum Permitted Heights hall not be located on utility or drainage easements. They s (iii) building. between the front or side street lot line and the primary structure or The container storage area shall not be located on any part of a yard (ii) way by at least 25 feet. -of-They shall be set back from each public right (i) that:a lot, provided Storage containers may be located within the buildable area of . Section 60.400.090e containers must meet Exterior Storage standards as specified in Storag Storage Container Location when incidental to the permitted use located on the same lot. Container storage of merchandise is permitted only applicable zoning district.istricts for those use categories that permit exterior storage or display in the SI dG, LI, and -Storage containers are a permitted accessory use only within the MX Container Storage as an Accessory Use of Land use.A Site Development Plan review and Zoning Certificate is required for this 141 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.300.020H Specific Standards-Use Section 60.300.020 Use Regulations: Chapter 60.300 No materials may be stacked or stored on top of the storage container. the storage containers. or around No solid or hazardous waste or hazardous material is permitted in pedestrians entering or exiting the site. The placement of the container shall not block the visibility for vehicles or emergency vehicles, delivery, or other vehicle circulation. estrict parking zones or r-may not block fire lanes, no tainersStorage con new or expanded primary building.for the building and the issuance of the last certificate of occupancy or usenstruction of new primary building or a major addition to an existing primary coThe time period between the issuance of the first building permit for Residential primary use in a Mixed Use district; or-property with a Non90 days if the property is located in a special purpose zone district or on a mary use in a Mixed Use district;with a residential pri14 days if the property is located in a residential zone district or on a property Storage Containers may not be located at an individual property for longer than: Temporary Placement d. rage containers shall not be stacked vertically. Sto No object may be stacked or stored on top of a storage container. allows the units to be moveable.The area used to park the storage containers shall be located on a lot that infectious or contagious materials.le, explosive, corrosive, or biologically solid waste or hazardous, flammabStorage containers may not be used to store mixed municipal waste or other Storage containers shall not be connected to utility services. General Standards ., Section 60.400.090located within the exterior storage area as regulated by the district, and by Services use proposes to use storage containers and the containers are e Retail or Heavy Commercial A wall will not be required where a Largstorage area. The wall shall be 10 feet in height. The gate shall be securable. 142 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.300.020H Specific Standards-Use n 60.300.020Sectio Use Regulations: Chapter 60.400 Yes Yes Yes Yes No No 60.400.100Section LightingExterior Yes Yes Yes Yes No No 60.400.090Section StorageExterior Yes Yes Yes Yes No No 60.400.080Section Parking casesIn some esY esY Yes No No 60.400.070Section DesignBuilding Site and esY esY esY Yes oN oN 60.400.060Section and FencesBufferyards, Landscaping, oN esY esY Yes esY esY 60.400.050Section and DrainageStormwater, Lands, Sensitive oN esY esY Yes esY esY 60.400.040Section ConnectivityAccess and oN oN oN No esY esY 60.400.030Section StandardsSubdivision esY esY esY casesIn some esY esY 60.400.020Section StandardsDimensional UseChange of Plant DevelopmenSite \[1\] Plant Developmen General ntDevelopmeDistinctive nSubdivisioMinor nSubdivisioMajor UDC Section UDC Standard Applicability of Development Standards 1-400.01Table .Applicability of Development Standards 1-400.01Table developments and changes of uses as stated in newapplies to Chapter 60.400This Applicability B. .Rochester’s Comprehensive Plan and livable community laid out intainable, equitable, susa more attractive, ofthe vision natural environment, to implementproperties, public streets, neighborhoods, and the or abutting and adjacent developmentThese standards address the physical relationship between .development within Rochesterdesign of This Chapter includes standards that regulate the physical layout and Purpose A. PPLICABILITY AI Section 60.400.010 IncentivesDevelopment Standards and Chapter 60.400 143 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.010A Introduction and Applicability n 60.400.010Sectio Development Standards and Incentives: Chapter 60.400 sApplication of Setback D. be provided to each building in the future.cess by way of easement or lot pattern may subdivision of the site so that adequate acThe site design of the development shall take into account the potential for future shall be provided.Adequate access to each building or structure for Emergency Vehicles and apparatus applied.can be reasonably appearance and bufferyard standards area on the lot where different has a separately defined building unless the development is designed such that each shall be applicable to the entire development standards appearance and bufferyard the most restrictive ,lot single on aare developed Where two or more buildings .is located developmentzoning district where the The floor area shall not exceed the highest maximum floor area ratio applicable in the .those buildings include a residential primary usenone of and , lot single is proposed on abuilding The following requirements apply when more than one Buildings on a LotResidential -NonMultiple C. ections of this UDC.Sor in other Protection Standards Neighborhood, 60.400.020FSection , Incentives, Section 60.400.120 ,, Section 60.200.040 infound be se dimensional standards may Modifications of the .modifies these standards UDC another provision of thisunless ,.020Section 60.400with this All development shall comply Applicability B. UDC.of the lot and building standards in this of measurements for interpretation and enforcement is intended to provide dimensional standards and uniform methods Section 60.400.020This Purpose A. TANDARDS S IMENSIONAL D Section 60.400.020 the City if a Subdivision or Site Plan Development approval will be required prior to development.required for Comprehensive Plan amendments initiated by a party other than notstandards in this Chapter is Review of \[1\] NOTES esY esY esY Yes esY esY 60.400.110Section Signs UseChange of Plant DevelopmenSite \[1\] Plant Developmen General ntDevelopmeDistinctive nSubdivisioMinor nSubdivisioMajor UDC Section UDC Standard Applicability of Development Standards 1-400.01Table 144 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.020A Dimensional Standards 0 Development Standards and Incentives: Chapter 60.400 lot width standards shall be designated as the front lot line.to meeting not meet those requirements, the street frontage that comes closeststreet frontages do If the lot is subject to lot width standards, and one or both Subsection 2) below. , except as noted in (s)frontages shall be designated as side street lot line streetand all other ,frontage as the front lot linestreet one he owner shall designate T :lotOn a corner f. setback. and a front yard line established at a distance equal to the required front yard or provided on a lot or site between the front lot line shall beThe minimum front setback e. he building regardless of whether it is above or below grade.exterior surface of tFor earth sheltered and earth bermed buildings, yards shall be measured from the d. way lines shown in the General Development Plan.-of-from the future rightshall be measured , the required front setbackapproved General Development Planlots where all adjacent streets have not yet been platted but are shown in an On c. or official map. Transportation PlanLong Range or way line of such street as designated on -of-the rightshall be measured from back the required front set, Long Range Transportation Planway width as shown on an adopted Official Map or on the -of-with the planned rightway width of an adjacent street is not consistent -of-lots where the existing right On b. .Development Plan Siteor common space on an approved for private in setback orrequired may not be located in a The principal building or principal use on a lot a. General Requirements 145 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application of Setbacks: Section 60.400.020D Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 et yard.remaining side shall be considered a side streor limited access roadway, one side shall be considered a front yard and the In the case where a building is bounded on two or more sides by an access roadway d. ; orof the drivewayestablished or the centerline In the case of a common driveway, the lot line if one is c. roadway surface;In the case of a limited access roadway, a line established at the edge of the b. the private street, at least 20 feet;rtion of the façade occupied by a garage or carport accessed from For any po or ne foot for every five feet of roadway surface width;O Seven feet (to accommodate snow storage); the greater of: edge of thedistance from the In the case of an access roadway, a line parallel to the edge of the roadway at a a. within the development, the front lot line shall be:private roadways to provide access to individual buildings uses Where a development sFront Lot Lines on Private Roadway required.istrict be In no instance shall a setback greater than that established for the d l. between the yards.radial line intersecting the midpoint of the curve shall be deemed the boundary On corner lots where potential front and side lot lines create a continuous curve, a k. .extending from the front yard line to the rear yard line setback andlines and a side yard line established at a distance equal to the required side yard or The minimum side yard or setback is provided on a lot or site, between all side lot j. building line. minimum width at the, when connected, create a line equal in width to the thatextended to intersect) and intersecting lot line were -nona are equidistant from the apex (or imaginary apex if thatwould intersect if extended to form a true triangle) thator intersecting lot lines (shaped lot, the rear yard line is established by points located on the -On a triangular i. setback. and a rear yard line established at a distance equal to the required rear yard or provided on a lot or site between the rear lot line shall beThe minimum rear setback h. structure.The orientation of the primary windows required by the Building Code or the s primary entrances.’The location of the structure front lot line by reference to the following design features:designate a shall Community Development Director On a flag lot or a lot with no frontage, the g. 146 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application of Setbacks: Section 60.400.020D Dimensional Standards n 60.400.020Sectio Development Standards and Incentives: Chapter 60.400 not requirement, but shallk setbacmay be counted towards meeting the side or rear yard half of the width of the alley -When a side yard or rear yard on a lot abuts an alley, one AlleysApplication of Setbacks on .depth, as applicable yard side or half of the minimum required rear-one not exceed reduction shallbut the is located, lot where thelot size in the district required to the minimum bears the actual lot size thatame ratio by the syard may be reduced and side , the depth of the minimum rearlocatedstrict in which it is the minimum lot size or dimensional standards for the zoning dithat does not meet January 1, 1992as of On any residential lot of record in existence Existing Small Lots line.the front lot line. The opposite frontage shall be treated as a side street lot considered the primary windows and entrances shall be closest to the lot line ,On through lots Through Lots is parallel to the front lot line at the required setback distance. that ine A l b. or ;front yard80 percent of the required that isn a distance no point is closer to the front lot line thaat located as close as possible to the curved front lot line, but is thattraight line A s a. :beshall sac or curvilinear street, the front yard setback -de-On lots fronting a cul sSac-de-Front Yards on Cul 147 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application of Setbacks: Section 60.400.020D Dimensional Standards Section 60.400.020 ntivesDevelopment Standards and Ince: Chapter 60.400 None None 0 feet8 None None NoneFaçade Fronting a of Building Maximum Length None 1.5 None None None None Area RatioMaximum Floor Other Standards 25 25 \]615 \[ \]615 \[ \]615 \[ 45 StructureAccessory 115 48 45 35 35 35 Building/Structure Height (Maximum in feet) 6 6 6 6 6 6 \]5\[ on Corner Lots /StructureBuildingAccessory Rear, 15 25 20 10 02 52 \]4\[Building/Structure , Primary Rear None 16 12 01 21 16 sSideInterior Sum of 10 6 6 0 5 6 \]3\[ SideInterior 7 12 10 11 12 12 \[2\] \[1\] Street Side 15 02 20 15 15 02 Front Building Setbacks (Minimum in feet) 60 feet 30 feet feet 30 0 feet3 60 feet 60 feet Lot Width 6,000 sq. ft. 3,500 sq. ft. 2,000 sq. ft. 3,000 sq. ft. 5,000 sq. ft. 35 acres Lot Area Lot Dimensions (Minimum) 4-R 3-R 2x-R 2-R 1-R AG DistrictsAgricultural and Residential Zoning 1-400.02Table Residential Zoning DistrictsAgricultural and or by other provisions of this UDC. Protection Standards Neighborhood, 60.400.020FSection , Incentives, Section 60.400.120 ,, Section 60.200.040standards in may be modified by DistrictsZoning esidentialR-Non 3-400.02Table , and DistrictsZoning Mixed Use 2-400.02Table , DistrictsAgricultural and Residential Zoning 1-400.02Table in The dimensional standards in Tables or another adopted City regulation. stated in this UDC DistrictsZoning esidentialR-Non 3-400.02Table , and DistrictsZoning Mixed Use 2-400.02Table , DistrictsAgricultural and Residential Zoning 1-400.02Table All development shall comply with the standards in districts. Residential-Non, and seU ixedMesidential, Rgricultural and A The following tables establish the dimensional standards for StandardsGeneral Dimensional E. way line.-of-rightfeet from the three the minimum required yard or, in the case of a rear yard, closer than result in a building or structure being erected closer to the alley than half the distance of 148 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Dimensional Standards: Section 60.400.020E Dimensional Standards Section 60.400.020 Standards and IncentivesDevelopment : Ch 235 185 351 95 85 65 70 60 48 36 24 StructurePrimary Building/Structure Height (Maximum in feet) None 5 0 5 8 None 7 None 5 Rear None 5 0 10 None None None None 10 SidesInterior Sum of None 5 10 None None None 5 Interior None 2 7 7 None 7 7 Street Side None None 15 15 None 150 / 150 / in feet)/Maximum, Building Setbacks (Minimum None None None None None None None Lot Width None None None None None None None Lot Area Lot Dimensions (Minimum) Business Medical Fringe Village Corridor D-MX T-MX I-MX G-MX C-MX S-MX N-MX DistrictsMixed Use Zoning 2-400.02Table Use Zoning Districts Mixed 24 feet for Accessory Dwelling Units.\] 6\[ .lineck a minimum of 20 feet from the street side lot except for garages accessed from the side street, which shall be set ba10 feet from the street side lot line, Accessory buildings/structures facing a street shall be setback a minimum of \]5\[ .Existing Small Lots ,Section 60.400.020D.5See \] 4\[ .Sacs-de-Cul ,Section 60.400.040C.3.f sacs must also comply with-de-Lots on cul\] 3\[ provided.t shall be 2 distric-1 or R-2 district, a setback at least equal in width to the front yard required in the adjacent R-1 or R-Rsetback on the abutting lot shall be provided. On any lot where a street side setback abuts a side lot line of a lot in the the front yard half the width to-street side setback within 25 of the abutting side lot line, a setback at least equal to one2 district, the -1 or R-\[2\] On any lot where a street side setback abuts a side lot line in any district other than and R .street side yard line common lot line and theA lot that has a street side yard within 25 feet of a front yard on an adjacent lot shall be set back 25 feet from the NOTES %52 %35 40% %04 %50 None Landscape Area Minimum Way-of-Public Right 4-R 3-R 2x-R 2-R 1-R AG DistrictsAgricultural and Residential Zoning 1-400.02Table 149 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Dimensional Standards: Section 60.400.020E Dimensional Standards Section 60.400.020 Development Standards and Incentives: apter 60.400 Chapter 60.400 \]7\[ None \]6\[None None Accessory Structure \]5\[ 50 \]5\[ 40 \]4None \[ Building/Structure Height (Maximum in feet) None 10 \]310 \[ Rear None None None Sum of Interior Sides None None None SideInterior 12 12 12 \]2\[ Street Side 25 25 25 Front Building Setbacks (Minimum in feet) None None None Lot Width None None acres \[1\] 5 Lot Area Lot Dimensions (Minimum) SI LI BP DistrictsZoning esidentialR-Non 3-400.02Table esidentialR-Non . .\] 24 feet for Accessory Dwelling Units3\[ district shall be provided.2 -1 or R-Requal in width to the front yard required in the adjacent at leastback set a2 district, -1 or R-ot in the Rof a l where a street side setback abuts a side lot lineny lot On aabutting lot shall be provided. width to the front yard setback on the half the -to oneine, a setback at least equal side lot l the abutting within 25 ofsetback the street side 2 district, -1 or R-a side lot line in any district other than and Rwhere a street side setback abuts On any lot \] 2\[ oriented spaces in the front setback area.-and requirements for the creation of pedestrian ,building setbacksimum max, heightminimum building contains additional limits on Standards Additional District, Section 60.200.030L.3\[1\] NOTES 0% 8% 5% 5% 5% 5% 20% %51 %02 %51 5%2 Area Landscape Minimum None 5 5 4 1 01. 70. 2.0 0.5 RatioFloor Area Maximum None 300 300 300 None None None None None Length Building Maximum Other Standards 30 30 30 30 30 30 25 25 15 \[3\] 15 \[3\] 15 \[3\] StructureAccessory Business Medical Fringe Village Node Corridor D-MX \[1\] T-MX I-MX G-MX C-MX S-MX N-MX DistrictsMixed Use Zoning 2-400.02Table 150 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Dimensional Standards: Section 60.400.020E Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 .Family Detached Dwelling-iving use occupying a SingleLGroup A or , essof 4 units or l Household Living use A :that containsAgricultural and Residential District nA Protected Lot is any lot in a Protected Lots a. below.Lot, as defined Regulated apply to each Section 60.400.020FThe standards in this Applicability impacts on the Residential zone district.Residential properties take additional steps to mitigate their visual and other -and NonMixed Use development on abuttinging that districts by requir Residential zoning inuses is intended to preserve the character of established residential Section 60.400.020F This Purpose Protection Standards Neighborhood F. all structures.50 feet for is, then the maximum height Agricultural and Residential District nIf within 200 feet of a \]7\[ all structures.50 feet for is, then the maximum height Residential DistrictAgricultural and nIf within 100 feet of a \]6\[ UDC.Maximum height only applies to new primary structures constructed after the Effective Date of the \] 5\[ feet for all structures., then the maximum height shall be 35 Agricultural and Residential District naIf within 100 feet of \]4\[ Rear Yard may be reduced to 0 feet when abutting a railroad. \]3\[ 2 district shall be provided.-1 or R-width to the front yard required in the adjacent R2 district, a setback at least equal in -1 or R-de lot line of a lot in the Rstreet side setback abuts a sihalf the width to the front yard setback on the abutting lot shall be provided. On any lot where a -one2 district, the street side setback within 25 of the abutting side lot line, a setback at least equal to -1 or R-than and R\] On any lot where a street side setback abuts a side lot line in any district other 2\[ inclusion of other abutting lands.included in an approved General Development Plan, or permanent open space that limits the traints, existing development, land already higher level streets, streams, or other topographic consby arterial or bounded sites Community Development Director to reflect constraints such as the minimum area of contiguous land, rather than individual lots, and may be reduced by Applies to\[1\] NOTES 5% 8% 15% Area Minimum Landscape 1 .50 .50 RatioMaximum Floor Area Other Standards SI LI BP DistrictsZoning esidentialR-Non 3-400.02Table 151 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Neighborhood Protection Standards: Section 60.400.020F Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 Lot.the lighting standard of the Protected The exterior lighting standard shall conform to b. feet. 15he maximum height of each light pole and each outdoor lighting fixture shall be T a. with a Protected LotOn each portion of a Regulated Lot that is located within 100 feet of a common lot line StepdownOutdoor Lighting height of a primary structure in the zoning district where the Protected Lot is located.zoning district where the Regulated Lot is located is no greater than the maximum shall not apply if the maximum height of a primary structure in the Subsection (a) b. . ofzoning district of the a primary structure containing residential uses in be the maximum height of accessory building within 100 feet of any common lot line with a Protected Lot shall any portion of a primary or imum height of the maxOn each Regulated Lot, a. Building Height Stepdown .20 feet Regulated Lot shall bebuilding setback on each side or rear Along their common property line, the minimum Building Setbacks .a Protected Lotto that is abutting containing more than four residential units in a Residential district,, or a lot Residential district-Use or Non A Regulated Lot is any lot in a Mixed Regulated Lots b. 152 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Neighborhood Protection Standards: Section 60.400.020F Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 .Public Works Engineering Standards in compliance with thepermit revocableSetback exceptions require a .encroachmentor over any easement that prohibits such way-of-ic rightproperty lines or into a publshall not authorize the encroachment of any development across RequirementsSetback Authorized Exceptions to 4-400.02Table The setback exceptions in a. Exceptions to Minimum Setback Standards of the applicable maximum height.height of the applicable zoning district by no more than 25 percent exceed the maximum may milar architectural and mechanical elements,i, and sequipment enclosureselevator ,mounted mechanical equipment-roofteeples, bell towers, chimneys, s, Standards-Use Specific, 60.300.020 Section In addition to any exceptions for uses listed in Exceptions to Maximum Height Standards Exceptions to the Dimensional Standards G. of any common lot line with a Protected Lot.within 50 feet waste, debris, or garbage storage shall be stored, no egulated LotR On a Trash Storage with a Protected Lot.through lane shall be located within 50 feet of any common lot line -parking area or driveOn a Regulated Lot containing 10,000 square feet of gross lot area or more, no surface through-Parking and Drive .DirectorCommunity Development lighting, glare, odor, and vehicle activity, as determined by the or buffering of equal or greater effectiveness in mitigating the impacts of noise, ,LevelsBufferyard ,4-400.06Table bufferyard in 4 Levela meeting the standards of yardbufferAlong any common lot line with a Protected Lot, each Regulated Lot shall install a yardsBuffer 153 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Standardsl Exceptions to the Dimensiona: Section 60.400.020G Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 standardsspecific - Section 60.300.020F.3 and Section 60.300.020F.2. See property linefive feet but not closer than five feet to any project into the side or rear yard up to to District Agricultural and Residential Allowed in any SystemMounted Wind Energy Conversion -GroundMounted Solar Collector, and -GroundEnergy System, Geothermal Equipment for a area street parking-approved offof the required yard unless part of an dimension required front yards at right angles to the longest abutting a residential side lot line, and shall cross Shall not be located in a required yard or setback buildings are located on one lotlots with no frontage or where multiple ding access for Private easement areas provi closer than four feet to any property linesetback, but not , or rearside, Allowed in any front exchangers, or heating units located at grade noise, such as air conditioning units, air Appurtenant structures that may generate Allowed in any required yard or setback structuresstructure, or any combination of such of type Fence, wall, column, pier, post or any similar line side lotcloser than three feet to any extend permitted toonly bus shelters are side or rear lot line, but Allowed in any required yard or setback along a or clothes linesshelters on private property, bus underground fallout and blast shelters, and radio antennas, satellite dishes, television pumps,noise, such as submerged Appurtenant structures that do not generate yards Allowed in the minimum front and street side Signs and gasoline pump islands the district. exceed accessory structure height restriction of . Shall not ny yard or setback areaAllowed in a lawn tables, chairs, and seatsstatues, fountains, swings, picnic benches, furniture, such as freestanding flag poles, Customary yard accessories, ornaments, and any front lot line.but not closer than 10 feet to yard or setbackrear or sidein any minimum up to 18 inches llowed A uncovered paved areas such as stoopsand other patios,, terracesUncovered on which it is locatedextend along more than 33 percent of the façade feet to a side lot line, and not to 4closer than lot line, but no required along a front, side, or rear depth of a minimum yard or setback that is Allowed to extend no more than 33 percent of the structureprimary a loss when entering or exitingClimate controlled vestibule to prevent heat four feet to a side lot line closer thanbut not lot line, , or rearside, required along a frontis thatth of a minimum yard or setback depof the percent o more than 33nto extend Allowed chimneys, and stepsawnings, bay windows, fire escapes, covered patios, enclosed courts, eaves, ,and necessary landings and decks ,stepsPorches, balconies, canopies, stairways, Extent of Exception Setback RequirementsAuthorized Exceptions to 4-400.02Table except as follows: skyEvery part of a required setback shall be unobstructed from ground level to the b. 154 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota StandardsExceptions to the Dimensional : tion 60.400.020GSec Dimensional Standards Section 60.400.020 Development Standards and Incentives: Chapter 60.400 .1-Chapter 9 OrdinancesRochester Code of be meet the requirements in shall ingSubdivision names and number contiguous.bear the same name as an existing subdivision, the new subdivision must be me for purposes of clear identification. To requires the use of the same naStaff name, or has obtained the written consent of the party who platted the subdivision bearing that same applicant that platted the existing subdivision bearing the name, or the applicant s contiguous to and platted by the and similar words, unless the land platted i ”hills,“ ”heights,“ ”place,“ ”addition,“ ”court,“other subdivision in the City except for the words that is the same as, similar to, or pronounced the same as a word in the name of any and shall not use a word StaffThe proposed name of a subdivision shall be approved by C. .law state provisions of this UDC shall be modified to the smallest degree necessary to comply withlaw, the state icable provisions ofIn case of a conflict between these provisions and appl unless exempted by another UDC provision. or partially within the Citylocated wholly divisionsd nshall apply to all subdivisions and la Section 60.400.030This Applicability B. is defined as a subdivision by statute or City ordinance. thatidentify approvals that will be required to authorize any subdivision activity 60.400.030Section The requirements of this .ng platted lot lines, or revisions to existifacilitiesdevelopments involving the layout of new lots and streets and the installation of new public establishes standards to guide the design and review of proposed Section 60.400.030This Purpose A. TANDARDS S UBDIVISION S Section 60.400.030 is brought into compliance with required setbacksement improvindependently of the other until the either lot prohibiting the sale of both lots on ndeed restrictioa sthe applicant record and (3), increase fire hazards (2) they do not, and streetsof streets or the intersections of driveways with intersections constitute impediments to visibility at they do not (1) attach across lot lines, provided setbacks and allowed to within requiredAllowed when both lots are in common ownershipbutting lots, shelters or storage facilities for arecreational vehicle Garages, carports, Allowed in any front, side, and/or rear setback Building Design, 60.400.070FSection all projections required by W Extent of Exception Setback RequirementsAuthorized Exceptions to 4-400.02Table 155 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.030A StandardsSubdivision Section 60.400.030 Development Standards and Incentives: Chapter 60.400 consider the demand for adequate public facilities generated by subsequent phases shall Council Citydevelopment with the adequacy of public facilities. However, link the timing of toAn applicant may seek to stage or phase development b. process.project, such as school sites, may be identified during the development approval tion. Other items that are necessary or material to the control, and monumentaextensions, storm water management facilities, soil erosion and sedimentation streets, sidewalks, public sanitary sewer and water , boulevard trees land,parkinclude, but are not limited to, iespublic facilit , the requiredsubdivisionIn a proposed a. Facilities Public and capacity. ,type, availabilityfacilities must be appropriate in To be adequate, . subdivision or resubdivisionimprovements associated with any infrastructure establishes standards for required Section 60.400.030DThis Purpose Adequate Public Facilities E. .this UDCin requirements all other applicableand subject to procedure subject to the Final Plat shall be Community Development DirectorAll Vertical Subdivisions filed with the c. .Departmentobtained approval from the Community Development Department and City Fire application, the developer must have Vertical SubdivisionPrior to submittal of a b. stration.Procedures and Admini, 60.500Chapter Incentive Development in accordance with the applicable procedures in Conditional Use Permit; or an a ent Plan; first obtained approval of a Site Developm, the developer must have application Prior to the submittal of a Vertical Subdivision a. Complex Vertical Subdivision phases.site public or private facility improvements required to serve the subsequent -or offsite -require a development agreement as to the design and construction of adequate onadequate public facilities generated by subsequent phases of the development and must In the consideration of a Vertical Subdivision, City Council must consider the demand for Approval Criteria Final Plat.a Vertical Subdivision as part of An applicant may request Applicability dimensional volumes.-by complex multiThe vertical subdivision is intended to allow a lot to be split into new lots that are defined Purpose SubdivisionVertical D. 156 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Vertical Subdivision: Section 60.400.030D dsSubdivision Standar Section 60.400.030 Development Standards and Incentives: Chapter 60.400 the requirement for a cash escrow, surety bond, or letter of credit related to waive will and Recreation Director and Parks Community Development DirectorThe c. satisfactory completion of the public improvements. upon applicantshall be returned to the GuaranteeAny unexpended portion of a b. . approved by City Councilas part of a development agreement mprovementsthe installation of public i, unless waived prior to commencing activity involving to cover the cost of installationin the amount necessary or surety deposits shall be required , letters of creditsBonds a. Guarantees for Improvements City Council. proved by costs by the City may be permitted as part of a development agreement appayment of sole expense of the applicant. Assessment of costs to subsequent users or Required improvements reasonably related to the development shall be installed at the ImprovementsRequired of Funding to public facilities.all requests to connect private facilities be required forshall approval City Engineer d. way. -of-public facilities or public rightCity Engineer approval shall be required for all planned work involving the use of c. site sewage treatment. -failure for any lot authorized for onsystem a case of the drain field inany There shall be adequate area to relocate b. private utilities.te to support the proposed use of and soil conditions and lot sizes are adequaEnvironmental Services Administrative Ordinance finds that proposed geologic taff as identified in the Olmsted County SThe responsible Olmsted County not impair the ability to extend services in the future; and and private utilities willCouncil has determined that public utilities will not be reasonably available City supply to serve existing development shall not be permitted unless:site sewage treatment systems or private water -he use of new or replacement ontsewage treatment systems or private water supply to serve any new development or site -. The use of private onproviding the facility or utility agencyCity or the the Public facilities and utilities shall be installed according to the standards adopted by a. Use of Private Individual wells and Sewage Treatment Systems development.on those public facilities generated by the adequate to handle the demandelopment agreement are existence or to be constructed pursuant to an executed devmay be approved unless the public facilities in subdivision or resubdivision No c. those subsequent phases.site public or private facility improvements to serve -site or off-construction of ongn and of the development and must require a development agreement as to the desi 157 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Adequate Public Facilities: Section 60.400.030E sion StandardsSubdivi Section 60.400.030 Development Standards and Incentives: Chapter 60.400 instrument, which shall be in a form approved by the City Attorney.by the applicant as part of the development approval process or through separate way dedicated to the public -of-sand right granted,shall be deeds /orandEasements c. tlands.management of stormwater and significant weapproval must provide easements over natural drainage or ponding areas for When a land or easement dedication is a condition of subdivision approval, the b. service called for in adopted City plans and regulations. levels ofmeet specified thatwithin the development and connecting to adjacent development and vehicular or pedestrian circulation shoreland ,provision of utilities, drainageway or easement locations necessary for the -of-s shall identify needed rightPlanand ,Development plans, construction plans, land subdivisions a. Dedications Required responsibility for maintenance and upkeep of public facilities.CFollowing the expiration of the required maintenance period, the b. year. e or development agreement, except that, for boulevard trees, the period shall be onperiod of two years from final inspection or as otherwise defined in an owner contract for a applicantMaintenance of newly installed public facilities shall remain with the a. Maintenance Grading Permit 4.f.G.060ISection 60.500pursuant to Grading Permitpproval of a Received a c. completion of all required improvements; orgreement with the City or otherwise arranged for aevelopment dEntered into a b. and City Engineer; Community Development Director he approval of the Construction Plans and all necessary permits from theReceived t a. written approval of the City Engineer until the applicant has:improvements, or other material change shall commence on the subject property without Section, no grading, removal of trees or other vegetation, land filling, construction of n this interfere with the normal management of landscaping. Except as provided iprecludes unauthorized land clearance and timber removal and is not intended to on a site for the purpose of providing access for site survey and evaluation. This Section vegetation undeveloped tract may remove not more than 10 percent of the trees or otherLand clearance prior to development of a parcel is prohibited. The owner of an Timing of Grading and Clearance .ESection 60.400.030Daccordance with for assessments in to assess for any unpaid costs where provision is made and ,ordedcbeen reand the agreement has Boulevard Trees, Section 60.400.030I , the proposed planting meetsfor boulevard tree planting ingprovidte covenant a priva that includesGreen Facilities Agreement Boulevard Treess provided that the City and the developer have entered into a Boulevard Tree 158 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Adequate Public Facilities: Section 60.400.030E Subdivision Standards 60.400.030 Section Development Standards and Incentives: Chapter 60.400 Bituminous binder placing; and Concrete curb and gutter installation; Aggregate base compaction; ation prior to aggregate base installation;Subgrade prepar Underground utility installation; Site grading/erosion control completion; improvement agreement:or as otherwise determined through and owner contract or development ctions shall be required at each of the following stages of construction . Inspebeginsbefore construction commencement of construction of improvements 24 hours prior It shall be the responsibility of the applicant to notify the City Engineer of the b. Engineer with written reports of each final inspection.shall provide the City inspections are made by other agencies, the applicant agencies, shall be inspected by engineers or inspectors of such agencies. Where improvement agreement. Improvements made under the jurisdiction of other public suant to an owner contract or development Engineer, except as agreed to purAll improvements required by these regulations shall be inspected by the City a. Inspection and Acceptance of Improvements Works in conjunction with the development of subdivisions.the engineer’s standards adopted by Public Record drawings shall be consistent with Record Drawings issued and/or withholding of future approvals and permits.including, but not limited to, revocation of permits already ynecessaractions deemed on plans. In addition, the City may take such other conform to the approved constructiCity Engineer, the applicant may be required to correct the installed improvements to approved construction plans and such deviation was not approved in advance by the ual construction work deviates from that shown on the actIf the approved drawings. of the applicant to notify the City Engineer in advance of any changes to be made from risk, but only with the written approval of the City Engineer. It shall be the responsibility changes shall be made at the applicant's own specifications during construction, suchconstruction plans. If the applicant chooses to make minor modifications in design and/or All installations of improvements and all construction shall conform to the approved Modification of Construction Plans .rdsother applicable standaand , Map Zoning Range Transportation Plan, Official Longin accordance with the adopted way-of-rightsmajor streets. The applicant shall provide way widths for -of-Council regarding costs and right CityThe City Engineer shall advise Cost Sharing 159 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Adequate Public Facilities: Section 60.400.030E Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 The following standards apply to public utility easements in all zoning districts. Utility Easements Required design standards adopted by the City.current , should be consulted for Director , available from the Public WorksIndustrial Propertynd a ,f Subdivisions, Commercialohe Development tth n wiConjunctio inPublic Works Engineering Standards for ge or grading plan shall be provided. The document drainaDrainage easements needed for stormwater management as indicated on an approved Drainage Easements Required development, as shown through an individualized determination of impacts.impacts of the proposed nal in nature and extent to the anticipatedproportioand shall be roughly determinationimposed shall include an individualized paymentdedication or , any according to a formula applicable to a broad class of applicantsdicate land or pay money to a public entity in an amount that is not calculated derequires an applicant to subdivisionmitigation of the impacts of a proposed Where c. and to the purposes of this UDC.or land use subdivisionreasonably related to the anticipated impacts of the proposed shall be the City as a part of the approval processby All conditions imposed b. approval. subdivisionCity takes formal action to attach that condition to a the impacts of a development do not reflect actions by the City unless and until the es, or regulations. Discussions of potential conditions to mitigate constitutions, statut ederalf tate ors attempt or intent to impose any condition that would violate thepotential conditions, and no discussion of potential conditions shall be deemed an , the City may consider alternative subdivision applicationeration of During consid a. Conditions on Approval .writingin agreement or arrangement that in writing maintenance, and the another entity has agreed in writing to be responsible for such unless City, all accept the improvements for maintenance by the Engineer, the City Engineer shto the City drawings or electronic files built reproducible-applicant has submitted asand conditions of these regulations and the specifications of the City, and the have been constructed in accordance with the requirements f. improvements shall have been accepted.notwithstanding the use of the same by the public, unless the street or other not have any responsibility with respect to any street, or other improvement, antially completed streets, the City shall Except for the removal of snow from subst e. shall constitute acceptance by the City of the improvement for dedication purposes.Approval of the installation and construction of improvements by the City Engineer d. s.engineering standards adopted by Public WorkInstallation and construction of improvements shall be consistent with the c. Final surfacing prior to seal coat. 160 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Adequate Public Facilities: Section 60.400.030E Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 Through Lots radial to the curve. way-of-rightsor curvilinear street sac -de-cula way line, or in the case of -of-extent practical, run at right angles to the rightximum maway should, to the -of-Side lot lines of lots abutting a public or private right Corner Lots Lot Design Standards G. .Access and Connectivity, Section 60.400.040standards in shall comply with all applicable Section 60.400.030subject to this All development onnectivityAccess and C F. interfere with reasonable access to the utility facility.the risk of the property owner, upon obtaining a revocable permit and shall not Above ground pedestrian amenities that do not require footings may be installed at i. of the property owner.easements at the risk Temporary signs in compliance with MN statute 211B.045, are permitted within utility h. easements.utility structures, above or below ground, shall not be placed within utility -Non g. easement area.emoved or damaged during work within the not replace plantings or landscaping rompanies will cshall not interfere with reasonable access to the utility facility. Utility Plantings in utility easements shall be placed at the risk of the property owner, and f. o remain in the public utility easement.height may be installed in or permitted tfacilities. Ground cover, grass, and native grasses, or hedges under three feet in with the free movement of service vehicles, or placement and operation of utility nts shall be placed so that it does not interfere Vegetation located on utility easeme e. width for the remainder of the site.and may require a width that exceeds the otherwise minimum easement ,applicablewhere , on site plansRPU Transformer location shall be identified and approved by d. ies may be required.consultation with individual utility companPublic Works. When the development provides private utilities within the building, Development Director in consultation with Rochester Public Utilities (RPU) and eater or lesser width is approved by the Community deviation requiring a grway and private streets, shall measure a minimum of five feet in width, unless a -of-D districts, public utility easements adjacent to public rights-T and MX-In the MX c. Public Works.and (RPU) ultation with Rochester Public Utilities Development Director in consunless a deviation requiring a greater or lesser width is approved by the Community feet in width, tenshall measure a minimum of way and private streets -of-rightss adjacent to public ublic utility easementD Districts, p-and MXT -Except in the MX b. Public utility easements as required by the various public utilities shall be provided. a. 161 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Access and Connectivity: Section 60.400.030F Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 having a lot size of 0.75 acres or greater. treatment anddevelopment of lots developed initially in reliance upon individual sewage percentage of lots in a development in the case of redevelopment or infill here is no limitation on the number or T is greater,, whichever developmentone lot or five percent of the lots in a A maximum of shall comply with all other standards and measurements of this UDC. and the flagpole portion of the lot shall not exceed 300 feetThe length of following standards are met.be approved if the willots ernative, flag lWhen there is no reasonable alt subdivisions.shaped lots are discouraged in new and existing Flag lots and other irregularly Flag Lots c. .inimum required lot width at the building line (if one is specified)Meet the m and ; not, but are locatedthey wheredistrict in the at least 50 percent of the minimum required width eB :shalllots sac -de-Cul Sac Lots-ed-Cul b. th(s) on which of street (s)typeprovide adequate spacing of access points for the Full frontage lots shall unless an exception in this UDC applies. StandardsDimensional ,Section 60.400.020 stated inas ,where the lot the is locatedminimum lot width required rontage must be the same as theLot f Frontage Lots Full a. equirements for Each Type of LotRIndividual .governmental vehicles-governmental and quasiavailable for use by all easementsvehicles shall be insured through the use of common area agreements or private and emergency ,icles, utilitiesIn the case of lots with no frontage, access for veh c. nature of multiple buildings on a site dictates the need for such lots.the more efficient use of irregularly shaped parcels of land, or where the integrated with no frontage may be authorized to enable A limited number of flag lots and lots b. of direct access or the use of joint access agreements. and may, at the discretion of the City, be met through provision Section 60.400.040Dthe requirements of comply withFrontage requirements for access purposes need to a. Adequate Frontage Required expressway, or freeway streets.necessitated by a lot layout that restricts access to abutting collector, arterial, where Through lots shall be avoided, except where dictated by topographical conditions or 162 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Lot Design Standards: Section 60.400.030G Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 approved as to form and content by the City.documents signs through the use of writing the maintenance and repair of those and shall ensure in streetprivate each at all intersections along requirementsCity applicablesigns expense, traffic, at its own nstallI c. .Cityapproved as to form and content by the cuments through the use of dothan the City, s by an entity other private streetall the maintenance and repair of in writing Ensure b. expense of property owners.private street until it is brought into conformance with City street standards at the dedication of any he City will not accept the. Tin the development are private streetswhich streets property owners through deed restrictions and covenants future otify N a. :subdivision including private streets shall be required to The icles on the roadway.for the safe operation of vehwidth to serve anticipated traffic and proposed parking conditions and shall be designed Private roadways or streets developed as part of a subdivision shall be of adequate J. .Boulevard Trees, Section 60.400.060Astandards in shall comply with all applicable Section 60.400.030All development subject to this Boulevard Trees I. subdivisions.the development of cable toappli the Cityengineering standards adopted by shall be surfaced and provided with adequate stormwater facilities consistent with the s approval of street grading and utility installation, streets ’ollowing the City EngineerF the utilities.installati on of underground utilities, and gravel base construction undertaken after the Where necessary, street grading shall be completed prior to the installation of applicable with approved plans. complyAll street grading and gravel base construction shall ngineer.submitted to and approved by the City Eway in accordance with grades -of-Streets shall be graded to the full width of the right ity.Cdevelopment of subdivisions to guide the design of roadway improvements within the or public works in conjunction with the engineering standards f City’s adopted the shall be used in conjunction with Section 60.400.030HThe requirements of this Subdivision Design StandardsRoadway and H. providing for municipal services. sewage treatment, all lots must be covered by a utility connection agreement In the case of flag lots developed by subdivision in reliance upon individual 163 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota StandardsRoadway and Subdivision Design : Section 60.400.030H Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 .16-Chapter 20in accordance with Rochester Code of Ordinances representative must approve the namesauthorized theiror Community Development Director the use of numbers. In that case, the or user. Names may be used when the roadway alignment does not permit ,deed, easementplat, ity, including without limitation public roadways created byCpublic roadways within the ll The numerical quadrant system is hereby adopted as the primary basis for identifying a Street System Quadrant L. street under consideration.designations apply to the Long Range Transportation Plandetermine which of the shall Community Development Director e Document, th Range Transportation PlanLong and the narrative descriptions for each roadway classification provided in the Map Long Range Transportation Planthis information in conjunction with the Using b. .land usesAdjacent ; andcharacteristics of trafficthe traffic, and peak hour destination characteristics of -speed, percentage of turning movements, originharacteristics, including design volume, percentage of trucks, design cTraffic ;accesses, and average lot frontageson access, the spacing of private onditions, including any restrictionscAccess ;lanes, and parking laneseometrics, including the number and width of traffic lanes, turning gFacility following existing or proposed features:classification of a street, factors to be considered include the In determining the a. Classification Factors with the City Engineer.in consultation Community Development Directorproposed use, shall be done by the or development, or for the purpose of determining the appropriateness of a location for a esign of a roadway , for the purpose of determining the appropriate dTransportation PlanLong Range Classification of an existing or proposed street not already identified on the Approval Street Classification K. .Section 60.400.040C.4in described Private roadways shall comply with the minimum Connectivity Index standards as .Standards and Fire Access Minimum Standards comply with the City’s adopted Private Roadway The width of a private roadway shall eplacement of the roadway name signs.maintenance, including ror subsequent owners of the roadway are responsible for installation and applicantThe 164 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Street Classification: Section 60.400.030K Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 hereof in order to facilitate development of similar facilities.tin lieu applicantspace; or that a reasonable cash payment be received from the dedicated to the public or preserved as neighborhood parks, playgrounds, or open a reasonable portion of any proposed subdivision of lands within the City be )2(462.358 Minn. Stat. Ch.Exercise the authority granted pursuant to e. ; andcleanse the air and and adequate open space land, protect wildlife habitats, Retain d. a high quality of life in the City; Maintain c. ;residents local future serve the recreational needs ofdevelopment is compensated for in order to Ensure that the impact of development on the need for parkland created by that b. ;not developed for other purposes process andr to compensate for the impact of the development in ordedevelopment process during the land subdivision and as a park identified and preserved for public use nsure that lands suitable for economical neighborhood park development are E a. to:is Section 60.400.030Murpose of this pThe Purpose Parkland Dedication M. .Definitions, Chapter 60.600in Street Naming Definitionsassign street names consistent with the shall DirectorOlmsted County Public Works The Administration College View Road East to an intersection with the eastern most city limits.intersection with College View Road East (County Road 9), thence east along S.E., to an Avenue th e S.E., thence south along 19Avenu th its intersection with 19West Center Street. Then east along West Center Street to East Center Street and the quarter section line to the section line. Then southeasterly to the western end of easterly along Thener of Section 33, Cascade Township. ThenS.W. Club Road West (County Road 34) to its intersection with Wimbledon Hills Drive east along Country thenCountry Club Road West with the western most city limits, e separating north from south extends east from the intersection of The dividing lin c. River, to the northern most city limits.intersection with the Zumbro River, thence north along the centerline of the Zumbro U.S. 63 and East River Road N.E., thence due west to the imaginary intersection ofcity limits, to a point at the southernmostHighway 63, from its intersection with the The dividing line separating east from west extends north along the centerline of b. or W. ,dividing line between quadrants will be identified as N, S, Eand NE. Any roadway that forms the SE,of NW, SW, divided into four quadrants For the purposes of roadway identification and unique E911 addresses, the City is a. City Divided into Quadrants 165 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkland Dedication: Section 60.400.030M Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 .development approval receives itas development or portion of the the subdivision fphase o hceafor lieu equivalent-in-a cash emakparkland or ededicatshall applicant, the previously platted lot(s)on a of the overall development portiona only proposes to complete applicant nor a Major Land Subdivisionportion of the land encompassed in the approved contains only a thatapplies for approval of a final plat applicant nWhenever a Phasing c. a building or occupancy permit.f demands on the City’s park system dcompensate for the increaseto lieu equivalent-in-pay a cashand or parklobligated to provide additional shall be owner or applicantpopulation over the earlier population projections, the the projected eincreas in ways thatreplats property already platted, or final plat, in a om the approved Major Land Subdivisiondeviates fr applicant nIn the event a after Plat Approval ChangesDevelopment b. land. of all or part of thatf change in ownership regardless oThe credit shall attach to the relieved land and remain with the relieved land, where the credit lands are dedicated. parkland dedication requirement must be in the same quadrant of the City as is relieved of all or part of its mandatory that requirements, the development or property owner dedicates land against future applicant nWhere a requirements. and receive a written credit against future parkland dedication 60.400.030MSection than would be required by the formulas established by this may dedicate more land applicant nand Recreation Department, a sPark theDirector of the byCouncil, upon recommendation CityAt the discretion of the andlReservation of Future Park a. General Requirements law. ederalfor tate s the smallest degree necessary to comply withlaw, the provisions of this Section shall be modified to ederalf rotate s provision ofand any Section 60.400.030MIn case of a conflict between the provisions of this b. previously addressed in a development agreement approved by the City.has not been resubdivisionor park system caused by the proposed subdivision of parkland dedication to the extent the increased demands on the City’s ulie-in-cashrequire the dedication of parkland or payment of shall only Section 60.400.030MThis a. .demands on the City’s park system that will increase for a subdivision or resubdivisionapplication ache applies to Section 60.400.030MThis Applicability 166 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkland Dedication: Section 60.400.030M Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 1.98 du/ac Over 12 2.22 du/ac 6 to 11.99 3.05 du/ac 0 to 5.99 Dwelling UnitEstimated Number of Persons per Acre of Residential Land Area ensity in Dwelling Units per Gross D Parkland 1-400.03Table roposed development. need for parkland created by the pDirector of Parks and Recreation that such measures do not accurately reflect the by development, but may be amended by the City Council upon determination of the sumed to be in proportion to the need for parkland created in the table below are prenumber of additional residents created by the proposed development. The amounts the case of already platted land, the required dedication will be measured by the In .1-400.03Table as shown in range, densityof persons living in each residential based on the anticipated number number of dwelling units allowed in the subdivision) is: 0.008 multiplied by the number of persons per dwelling unit multiplied by the (whichacres per 1,000 projected residents eight at a rate ofshall provide parkland uses Group Livingand uses ousehold Living H, due to the impact of the proposed development on the need for parkland requireda parkland dedication is rmines that the Director of Parks and Recreation deteWhen Amount of Land Required to be DedicatedQuantity and d. dedications. parklandrequired timing of supersede any inconsistent provisions of this UDC related to the The terms of any such development agreement shall .City’s park system the of construction or operation the create adverse impacts on area or facility will notation of a single park cthe development, if the City determines that partial dedithe approval of that phase or part of subdivision or part of a development with phase of a in a or occupancypopulation expected proportionate to the ate an amount of land that is cagreement allowing the applicant to dediapprove a development willtion 2), the City cAs an alternative to Subse subdivision or parts of the development.the fo for land dedications otherwise required for later phases applicantand a credit shall be provided to the ,development subdivision or part of thethe area shall be dedicated concurrent with the first phase of entire park, the of a subdivision or part of a development intended to serve later phasesfacility that is also or areapark larger part of a single proposed isdevelopment a of art pof a subdivision or phase onerequired for If the land dedication 167 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkland Dedication: Section 60.400.030M Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 title opinion by a person licensed to practice law in Minnesota. date abstract of title or registered property certificate for examination, or a -to-shall deliver to the City for examination an up applicantPrior to dedication, the General Requirements a. Marketability of Title and Recreation. sof Park Directordebris, without the written consent of the purpose of stockpiling of earth or construction material, or disposal of construction lands be used for the eddedicat, nor shall the the dedicated land topsoil fromor ,dedication of lands, no person shall remove trees, vegetationthe Following iesActivit Forbidden g. equivalent buildable acres). ofbuildable property (15 acres X 20% = 3 acres -need to dedicate 15 acres of nonrequirement the owner would acre-threebuildable land. However, to meet the -acres of dedication may be met through the use of non threeremaining slopes or less. The r percentfou acres can be made to meet the Two less.or four percentacres has slopes of fiveland dedication is 10 acres. Currently evelopment required : dThe following example lays out the dedication scenario buildable land equivalent.of the percent a rate of 20 required parkland dedication will be awarded atbuildable land, credit against -chooses to accept the dedication of the nonrecommendation as to whether the City should accept the dedication. If the City a the dedication and give review willand Recreation sThe Director of Park 60.400.030M,3,f., subject to this Section dedication landportion of the required parkmay dedicate the property to the City to meet all or a applicantaccess) the no or drainage ways, high rock, high water table, limited buildable (i.e., steep -If land is proposed to be dedicated and is considered non Buildable Land-Dedication of Non f. cultivation of grass.ave a cover of six inches or more of topsoil suitable for the seeding and H and; or water ponding area ,easementyear floodway, drainage -ot be located in an existing watercourse, a 100N ;e largely clear of forest vegetationB ;ave a natural slope of four percent or lessH :shall .dSection 60.400.030M.3At least 50 percent of the gross area of the land required to be dedicated pursuant to Minimum Standards of Land Dedicated e. 168 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkland Dedication: Section 60.400.030M Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 similarly the proposed development land and the value assigned to consideringdevelopment or redeveloped, value per acre of the land proposed to be market fair establish the shall tmentand Recreation Depar sDirector of the ParkThe Calculation of Cash Payment d. required be would otherwise thatamount equivalent to the fair market value of land ayment shall be made prior to recording the Final Plat of the subdivision in an P c. purposes and uses. applicable and all other ,may include fees for land acquisition, preparation Payment b. .the Parks and Recreation Departmentmanaged by ities, or publicly maintained open spacepark and recreation facilpublic or planned he land is adjacent or readily accessible to already existing T usable open space or trail thoroughfares; orill not create a parcel suitable for neighborhood park development or for W s not feasible or practical; I :landof that land to be subdivided is of a size or configuration that dedication of a portion the quantity of the Parks and Recreation Directorf in the judgment of i Agreement,Development , Section 60.500.030E.8development agreement entered into under in a to the City or suitable provision applicantby a payment of cash by the Section 60.400.030M.3.drequirement of dedication imposed by The a. of Land Dedication lieu-in-Cash Payment between the City and the person subdividing the property.on the land dedicated in the year of dedication shall be prorated owingtaxes . Payment of real estate after the actual dedication has occurred, dedicatedthe lands The City shall be responsible for the payment of any special assessments levied on Special Assessments and Real Estate Taxes c. simultaneously with the later transfer of title to the City.mortgage prior to or any such equitable interest or vesremo provided that the applicantassessment ; or that the lands are subject to the lien of a special applicantperson other than the virtue of the fact that a mortgage or other equitable interest in the lands is held by a shall not be deemed unmarketable by The title to lands proposed to be subdivided Exceptions b. subdivision or by a subsequent separate conveyance. ’the lands, to be conveyed to the City by dedication upon Section 60.400.030M.4.b forth inpermit marketable title, subject to the exceptions set needed to steps those the applicant shall take marketable, no subdivision of the land shall occur until indicates that title is not ,itle opinionIf the examination of title by the City, or the t 169 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkland Dedication: Section 60.400.030M Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 City at a price less than fair market value.the return for conveyance of such lands to or park purposes or in dedications of lands meeting the standards set forth in this UDC fin connection with may only be approved by the Board of Park shall be formally authorized 9used. Credits proposed to be created after January 1, 201remain in effect until and January 1, 2019 January 1, 1988between Director Recreation and sAny parkland dedication credits created and previously authorized by the Park Effective Date and Credits .contained in the other quadrantsin all those lands of the City not otherwise The southwest quadrant shall conta extended the intersection of 4th Street/County Road 9 then to the easterly Broadway Avenue, and south of the alignment of East Center Street drant shall contain all of the lands of the City lying east of Street/County Road 9 then to the easterly th the intersection of 4to extended ,Broadway Avenue, and north of the alignment of East Center Streetnortheast quadrant shall contain all of the lands of the City lying east of The .Broadway Avenuethe westerly municipal limits, and west of Street south lying west of TH 52 to nd TH 52 and north of 2the alignment of West Center Street extended to The northwest quadrant shall contain all the lands of the City lying north of are defined as follows: thatnorthwest, northeast, southeast, and southwest, -- divided into four quadrants, the City shall be Section 60.400.030Mthis For purposes of administration of Council may from time to time direct. Cityof neighborhood parks in that quadrant, as or improvement developmentdisbursed for purposes consistent with the acquisition and be ly may on andlocated established for the quadrant of the City where the lands subdivided are the appropriate neighborhood park acquisition and development fund shall be placed in Section 60.400.030M.5All payments collected pursuant to Funds Established e. land by the number of acres required to be dedicated.The required payment shall be computed by multiplying the value per acre of . approvalof final at a time no later than the time situated land by the County Assessor 170 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkland Dedication: Section 60.400.030M Subdivision Standards Section 60.400.030 Development Standards and Incentives: Chapter 60.400 or direct access. roads, parallel streets, or service drives to eliminate the need fLots adjacent to arterial, expressway, or freeway streets shall access frontage Limits on Access to Arterials, Expressways, and Freeways b. year storm. -vated to remain passable during the 100shall be eleinto a subdivision traverses a floodplain area. means of access only A secondary means of access may be required when the areas such as floodways, cliffs, or ravines. , streets shall be routed to avoid hazard elbextent practicamaximum To the Hazards a. Street Layout Standards .Site and Building Design, Section 60.400.070Additional requirements on site design standards can be found in Development schools, and shopping.s to and between local destinations such as parks, rovide multiple direct connectionP c. linking adjacent neighborhoods, properties, and land uses. development, and provide ample opportunities for eachand pedestrians through ccommodate the safe, efficient, and convenient movement of vehicles, bicycles, A b. s. routethat distribute traffic over multiple streets and avoid traffic congestion on principal connected streets -romote street and block patterns with a clear hierarchy of wellP a. :is intended to Section 60.400.040CThis Purpose Connectivity and CirculationSubdivision Level C. .60.400.040DSection for development on existing platted lots shall comply with the standards in; applications Section 60.400.040C shall comply with the standards inresubdivision of land Applications involving the subdivision or .another provision of this UDC exempted by unless Section 60.400.040 All new development must comply with the standards in this Applicability B. shorter and more direct routes between many destinations.for , and by providing sidewalks and bicycle routes in new development and redevelopmentvehicle miles traveled and related greenhouse gas emissions by integrating ingreduc whiledevelop safe and adequate vehicular access is to Section 60.400.040 The purpose of this Purpose A. ONNECTIVITY C CCESS AND A Section 60.400.040 171 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.040A Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 planned development are prohibited.sac streets that interfere with street connections needed to serve existing or -de-and cul (i.e., a narrow parcel between a road and another lot)Reserve strips public access to adjoining lands.or other et provide a public stre the City may require that the propertypermitted, governing Road Authority. When access to an arterial or expressway is Intervals between access points can be reduced as recommended by the .Transportation PlanLong Range tified on the distribute traffic to the major street system idento collect and in order ,the anticipated average daily trips will exceed 3,000 tripsollector level design where Primary Cmay require a street to be of a The City ll be as recommended by the City Engineer.separation shaintersections should be at least 300 feet apart, while on higher order streets the provided at primary intersections. When located along collectors, such primary Frontage roads shall be designed so that stacking areas of sufficient depth are local collectorAlleys shall intersect with classification.streets shall intersect with two streets of equal or higher collector ocal L traffic from exceeding 1,000 average daily trips.with a higher order street to prevent local street ocal streets shall intersect L discourage through traffic. and alignment thatusing designs ocal streets shall intersect with higher order streets Residential l hazards or increased maintenance costs.atures or existing development, and do not create safety by reason of natural femodifications are consistent with an adopted access management plan or necessary standards. The City Engineer may recommend design modifications where such hall be designed to create a hierarchy of streets according to the following Streets s d. and emergency vehicles.access by pedestrians, bicycles, cars, accommodate toat least 66 feet in width be width of the access shall way -of-rightWhen required, the .Section 60.400.030E.13in subject to be providedwater body the require that the City may , he watertplans or policies support the need for public access to and the City’s adopted When a proposed development abuts a public body of water Access to Public Water Bodies c. Vehicular access restrictions shall be noted on final plat documents. 172 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Circulationnd Subdivision Level Connectivity a: Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 ble , unlessuse trail- a that includes way-of-righteasement or pedestrian connector foot-15a via choolSark, or Public Ppublic open space, adjacent yan and to ,ssac-de-culadjacent to ,sest local or collector streetSacs must connect to the clo-de-Cul Sacs-de-Cul f. established by other means.way has already been platted, dedicated, or -of-remainder of the necessary rightway shall be prohibited except where the -of-The platting of partial width rights 50 feet in length. exceeds 1Construction of a temporary turnaround shall be required where the dead end boundary of the development. way, and improvements shall be extended to the -of-of adjacent land, rightsary to give access or to permit the reasonable future subdivision Where necess Street Extensions e. higher order street shall be determined based on a Traffic Impact Study.Residential development fronting on a collector or -secondary access for Nonprojected to generate more than 500 average daily trips. The need for hat is Secondary access shall be required for any residential development t generate no more than 300 average daily trips.development shall be designed to serve development that is projected to family or duplex residential -circle, and lane streets serving singlesac, -de-Cul 173 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapte :Where alleys are platted through front or side lot lines.vehicle parking areas, and shall not permit vehicle access to parking areas Blocks platted with alleys shall be platted to allow alley access to . access points onto local streetsarterials, and expressways, or to reduce the need for individual driveway to collectors, access site individual the need for reduceto may be used lleys A Alleys g. where unique topographical conditions make this connection infeasible. connection to maintain connectivity between and through subdivisions, except Any block exceeding 600 feet in length must provide a public pedestrian .way-of-rightment or ease lots abutting thesac is located shall apply to the -de-the district where the culapplicable to sside yard setback interiorindicated on the subdivision plat, and way shall be -of-pedestrian easement or right The Development Director. 174 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 classification shall be considered a node.intersection with a street of any -Any location where a street creates a T with a street shall not be counted as a node.e counted as a link, and locations where an alley intersects Alleys shall not b node. The segment of the stub street shall be counted as a link.abutting subdivision or arterial or collector street shall not be counted as a Stub streets that will eventually be connected from the subdivision to a future ted as links.intersections shall be counnode. However, streets extending into the development from these a intersections outside of the development area shall not be counted as Exterior subdivision.ary to travel along the arterial street to reach any two nodes in the necessArterial streets shall not be included in the calculation except when it is Connectivity Index Calculation c. or greater.Developments with more than 100 lots shall be required to meet a ratio of 1.5 meet a ratio of 1.4 or greater.shall be required to Developments with greater than 50, but fewer than 100 lots meet a ratio of 1.2 or greater.with more than 10, but fewer than 50 lots shall be required to sDevelopment ratio of 1.0 or greater.with 10 lots or fewer shall be required to meet a connectivity sDevelopment Minimum Required Connectivity Ratio b. management and roadway placement.by the Fire Code, Complete Streets Policy, and all Ordinances pertaining to access et the access requirements as required connections. Proposed subdivisions must me, should the development fail to meet the minimum using roadway connectivity ratiorequired provided to increase the overall connectivity index to the minimumexcluding outlots. Additional pedestrian links shall be lots on a development, The roadway connectivity shall meet a minimum ratio as decided by the number of General Requirement a. Connectivity Index access. in width, unless a minimum of 20 feet is required for fire equipment lleys shall be a minimum of 18 feet In Mixed Use and Industrial Districts a In Residential districts alleys shall be a minimum in 16 feet in width 175 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 Community above or similar features. The any of the features listed the connectivity of the proposed development is hindered by the presence of pplication an explanation of how ashall attach to the General Development Plan pplicant is unable to meet the required minimum ratio, then the applicant If the a separation requirements prevent the ability to provide additional connections Situations where intersections, access management, and driveway .to connect to the proposed subdivisionnot provide stub streets or other opportunities do thatAdjacent subdivisions .burial groundsImportant cultural or archeological features such as historic landmarks or wetlands.or presence of ,slope or greater), Decorah Edge, hydric soils percent such as bodies of water, severe elevation changes (12 Natural features following:makes strict compliance impossible or impractical. Such features include the minimum where specific features or constraints of the land being subdivided subdivision may have a roadway connectivity index of less than the required A Allowed Adjustments d. 176 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Circulationty and Subdivision Level Connectivi: Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 .Section 60.500.070Apursuant to permitted in e standards is unless a modification from thes ,.040C.6Section 60.400in this standards shall comply with theuse trails -All required sidewalks, bikeways, and multi Requirements General a. shall comply with the following standards. All subdivisions and reconfigurations of lots Pedestrian and Bicycle Connectivity and Circulation developments or land uses.Residential -Nonor Use Mixed appropriate bicycle and pedestrian connections are providedvehicular or pedestrian safety, this requirement may be waived provided that and/or City Engineer on the basis of topography, the presence of natural features, or he Community Development Director access is deemed impractical by t-When cross b. .driveway approachesminimize way to -of-lots from public rights hared driveways for two abuttingProviding s Linkages between parking lots and parking structures; or ly shared parking structures and parking lots;Legal Common service/delivery areas; Coordinating parking structure and parking lot entrances; Connecting streets and drives; public or private streets. This may be established by one or more of the following:encourage shared parking and access points on access to adjacent property to-crossshall be designed to allow for lot layout, each To the maximum extent practicable a. shall comply with the following standards.residential development -use or non platted lots for mixedcontiguous ns or reconfigurations of subdivisioll A UsesResidential -Use and Non MixedAccess between Adjacent -Cross approval of the associated subdivision or development application.with the interconnections shall be provided prior to or simultaneously with maintenance agreements associated access and -If requested by the City, cross features. constrainingthe presence of despite that the proposed development’s connectivity can be reasonably improved may recommend denial if it determines DirectorThe Community Development cannot meet the minimum index requirements due to the with conditions if it determines that the connectivity of the proposed subdivision shall recommend the application for approval or approval DirectorDevelopment 177 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C nd ConnectivityAccess a Section 60.400.040 Development Standards and Incentives: Chapter 60.400 an easement is designed to avoid the constraints, provided that a pedestriway, mature trees, or unsuitable topography, the sidewalk location may be -of-separation cannot be achieved due to constraints such as limited public rightb exists. In situations where the minimum edge of pavement where no curSidewalks shall have a minimum separation of five feet from the curb, or r Fourplex Dwelling uses.oFamily, -sidewalks shall not be required for lots containing primary Singleadjoining transit stops. Internal site to each other, and provide access toentrances of primary buildings on the site, link separate facilities within the Internal sidewalks shall be provided that link abutting streets to primary frontages.a pedestrian easement along all abutting street way or within-of-rightExternal sidewalks shall be located a minimum of one foot inside the public material approved by the City and a minimum width of five feet.Sidewalks shall be constructed of durable, smooth, and skid resistant .Section 60.400.040C.6.b including the standards in thisAct, AASHTO requirements, and all applicable adopted City standards to comply with the Americans with Disabilities Sidewalks shall be constructed Standards for Sidewalks Pedestrian and Bicycle Connectivity Design Standards b. use trails.-associated bikeways, sidewalks, and multiway shall include the extension or connection of -of-property, street, or rightto an abutting way -of-rightor extension or connection of a public street Each Use Trails-Connection to Sidewalks, Bikeways, and Multi .Section 60.400.040C.6.b.3) the requirements of comply withthat use trails -in exchange for the development of multi Section 60.400.040C.6this for sidewalks and/or bikeways in srequirement may modify Development Directorhe Community T. required where indicated on an adopted City plantraffic, are use trails, separated from automobile -ultiTo the maximum extent practicable, m Use Trails-Multi share the road safely.sts to streets where low traffic speeds and volumes allow bicyclists and motoriDesignated bicycle lanes are required in the design of all arterial and collector Bikeways development.sacs, and within and along the frontage of all new -de-streets including culcal Sidewalks shall be required along both sides of all arterial, collector, and lo Sidewalks 178 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 ignificantly minimized. Smaximum extent practicable. to themotor vehicle crossings Be located and designed to minimize signed with destination and directional signing;-Be well Connect to the street system in a safe and convenient manner; parcel;width easement between the rear or side lot lines of a trail n 30 feet i (ii) feet in width if adjacent to a street or other public land; or 21 (i) Be a minimum of: -Multi Use Trails-Standards for Multi necessary by the City Engineer. means to increase motorist awareness at conflict points, as determined her using colored pavement markings, raised pavement, signs, bollards, or otStreet and driveway crossings shall minimize potential crossing hazards to the curb. Striped bikeways shall be located at the outer edge of the street or adjacent ed City standards. requirements, and all applicable adoptUrban Street and Bikeway Design guides, AASHTO Bicycle Facilities Master Plan, the National Association of Transportation Officials (NACTO) Bikeways shall be constructed to comply with the City’s Active Transportation Standards for Bikeways sidewalk.foot wide --integral sidewalk with a minimum six nA (ii) ed vegetation plot width; orwide sidewalk with reduc-foot-A 10 (i) design options:approve the following will DirectorDirector of the Community Development way width constraints or site elevation constraints, the -of-feasible due to righthas determined that a pedestrian easement is not DirectorDevelopment In situations where the City Engineer and/or the Director of the Community coverage for the property.pedestrian easement shall not count toward the maximum impervious surface y, the portions of the sidewalk within the easement on private propertIn situations where the sidewalk must be located within a pedestrian separation is maintained. foot-fiveway, and that the minimum -of-established for any locations where the sidewalk is not within the public right 179 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CirculationSubdivisi on Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 .subdivision plats prior to recordingbe reflected on or limitations on access and/ ,permitted access, and circulation connectivityrequired he City may require that law, t state Unless limited or prohibited by Documentation on Subdivision Plats or Master Plans Authority access control authority.streets may be imposed by requiring subdivision plats to dedicate to the proper Road level-higherVehicular ingress and egress restrictions along the frontage of arterial or d. streets to provide secondary access. level-lowereasements and the use of include the potential use of cross access Section 60.400.040Cstandards of this , options for designing access that meets the Long Range Transportation Planin a proposed subdivision front on an arterial street as designated on the Where lots c. .Long Range Transportation Planas designated on the not solely dependent on a roadway or driveway that intersects with an expressway Where feasible, subdivisions shall be designed so that access to a development is b. street. level-lowerble via a to have access availaProposed subdivisions fronting on freeways or expressways shall be designed so as a. each of the following access design standards.and Section 60.400.040Din standards spacing site level driveway compliance with the s shall be designed to facilitate General Development PlanLand subdivisions and Consistency with Driveway Spacing Standards roadways.s dedicated for trails adjacent to Credits shall not be given for land that i . system that the use of that trail will reduce demand on the City’s park sdetermineand Recreation Director sParkif the other trails use trails or -multidedicated for may be granted for land that is voluntarily Credits for parkland dedication CreditsParkland Dedication d. shall be maintained in usable condition throughout the year. 60.400.040C.6Section y this use trails required b-Sidewalks, bikeways, and multi trail.use -the required minimum width of any required sidewalk, bikeway, and/or multiboxes and poles, signs, trees, and other obstructions shall not encroach into merchandise storage or display, utility Vehicle parking, garbage containers, Public Works Design Requirements.adopted City’s trails shall comply with the Use-Multiikeways, and BSidewalks, Use Trails-Use of Sidewalks, Bikeways, and Multi c. 180 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota irculationCSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 ply to shall ap 1-400.04Table location and an adjacent street intersection shown inspacing between adjacent access locations or a proposed access The minimum a. Access Spacing Standards .divide that lotThe entirety of a Lot of Record prior to an application to d. or ;UDCdate of this adoption created after the may be lotsadjacent parcels on which or lots any adjacent that building is to be located together with wherelot building, the a of erection the the first development on a property involving Where the application is for c. All parcels included as part of a single development plan; b. us parcels under common or related ownership;All contiguo a. evaluating driveway permit requests, the boundary of a site is considered to be:for access management. For the purposes of adopted by the City policies, or regulations, lanspand Section 60.400.040access that is inconsistent with the standards of this Changes in property boundaries or ownership do not create the right to obtain additional dary EvaluationProperty Boun gross vehicle weight.pounds in ver 20 additional daily vehicle trips made by vehicles exceeding 30,000 O 10 percent increase in average daily trips; or A n increase of greater than 50 peak hour directional trips;A results in:use esidentialr-onn change to a e required when anyA new driveway permit will b c. be issued until the traffic study process has been completed. shall Where a traffic study is required for any proposed development, no driveway permit b. construction of any new or modified access point. is required prior to the approved by the applicable Road Authority A driveway permit a. Driveway Permit Required .Major Modification, ASection 60.500.070B modification of those requirements is approved pursuant tounless a is located, the property whereapproved subdivision plats those shown on driveways, access, and connectivity shall be consistent withSite level Subdivision Plats Relation to the streets providing access. individual private properties with the need to preserve an adequate level of capacity on to balance the need for providing access to is Section 60.400.040Dthis The purpose of Purpose , and ConnectivityAccess ,DrivewaysSite Level D. 181 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D ctivityAccess and Conne Section 60.400.040 Development Standards and Incentives: Chapter 60.400 operations.efficiency of the interchange area and do not compromise the functioning of the ramp ions protect the safety and operational ensure that any resulting access locatcase basis to -by-crossroad of any interchange area will be addressed on a casemile of ramp junctions along the minor quarter -oneSpacing of access within Interchange Management Areas c. .City Engineerdetermined by the , asa higher level of safety or improved traffic operations sprovideway driveway -the applicant can demonstrate that the oneway driveways where -oneThe minimum separation between driveways may be reduced through the use of One Way Driveways b. turn lanes. May require installation of\[4\] of the driveway and the nearest point of curvature of the intersecting street.Access separation between a driveway and intersecting street shall be measured from the centerline \[3\] eways shall be measured from edge to edge.Access separation between driv\[2\] functional classification and street design volumes.. All traffic volumes refer to the and Comprehensive Plan Street Classification Map Transportation PlanLong Range the based on and defined by santicipated cross sectionRoadway types refer to \[1\] NOTES 1,200 feet 1,000 feet \[4\] >15,000 ADT)Expressway and Arterial (project traffic 480 feet 400 feet )ADT Arterial (projected traffic <15,000 150 feet 125 feet 6,000 ADT)>traffic Collector and Frontage Roads (projected 75 feet 60 feet ADT)>3,000 ADT and <6,000 (projected traffic Way Frontage Streets-And OneOther Local and Local Collector Streets, 35 feet 8 feet <3,000 ADT)Streets (projected traffic Collector Local and LocalResidential \[1\] Road Classification \[3\] Intersection StreetsBetween Driveways and Minimum Separation \[2\] Minimum Separation Access Spacing Standards 1-400.04Table .Section 60.400.040Ddesign objectives of presumptive understanding that access will be permitted subject to satisfying the . Where the indicated spacing is met, there is a the maximum extent practicable 182 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 ent Standards and IncentivesDevelopm: Chapter 60.400 detrimental to the safety of motorists on the roadway;The proposed access will not result in undue delay or congestion or be be applied to mitigate the condition;t access, and the lack of engineering or construction solutions that can use joinincluding the lack of a secondary access to another public street, the inability to Conditions or circumstances exist that limit the strict application of this UDC, the following criteria are met.variance from minimum access spacing standards if Board of Appeals will approve aThe Zoning ., VarianceASection 60.500.070Cmay apply for a variance pursuant to modification of spacing can meet the criteria in Subsection c above, the applicant If the City Engineer determines that no alternative access exists, and that no d. substandard access.grant that modification and approve willor motor vehicle safety, the City Engineer modification of spacing standards will not create material risks to pedestrian, bicycle, If the City Engineer determines that alternative access is not available, and that a c. spacing standards.ng the minimum may require that the alternative access be used, rather than modifyiIf the City Engineer determines that alternative access is available, the City Engineer b. this UDC.Access provided jointly with an adjacent property that will meet the standards of DC; andAccess to another street that meets the standards of this U First determine whether alternate access is available. Alternate access includes: a. the City Engineer shall:cannot be provided, DSection 60.400.040Where access meeting the standards in this Substandard Access equipment. firefightingfire access lanes caused by The City of Rochester shall not be liable for damage to underground utilities beneath d. than strict compliance with those standards in Subsection b.fire risks from Fire Department determines will provide equal or better protection that the from fireseparation, and automatic fire extinguishing systems) to mitigate risks walls, space salternative means (including but not limited to fire resistant roofs, fire separation may substitute an applicantabove, in Subsection b In lieu of meeting the standards c. standards adopted by the City.and all related Fire Code Rochester the comply withlocations and construction and design standards shall oadrccess apparatus aire fand ane lire Except as described in Subsection c, f b. adopted fire regulations pf the City.hicles and emergency apparatus from a public street that complies with the fire veAll developments that do not have frontage on a public street shall provide access for a. Emergency Vehicle Access 183 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 conflict for traffic on the site is provided to prevent the spill back of traffic onto Sufficient vehicular stacking distance between the curb line and the first point of .nbound traffic from impacting mainline trafficrevent the queuing of iP ; and revent the encroachment of turning vehicles on mainline trafficP ; inimize speed differentials with mainline highway trafficM :Auxiliary lanes are provided as needed to ht distance and intersection sight distance is provided;qAde entering and exiting adjacent driveways;from adjacent driveways is sufficient to safely minimize conflicts between traffic provided to preserve the functional integrity of the intersection, and spacing t street intersections has been Adequate corner clearance from any adjacen extent practicable:to the property and that all of the following standards have been met to the maximum approved if the City Engineer determines that the permit will allow reasonable access Multifamily use may be Residential or -A driveway approach permit for any Non a. :practicableto the maximum extent have been metstandards all of the following property and that permit will allow reasonable access to the the that sthe City Engineer determine ifmay be approved useamily fMultior Residential-Nonpermit for any approach driveway A StandardsDesign Driveway becomes available for use. UDCthis shall expire when the access required by right to access which ,access to another streetapprove temporary willCommunity Development Director the , in which caseconstructedcannot be met because adjoining segments of planned street are not yet this UDC of requirements accessertificate where the Coning ZAn applicant shall not be denied a rary AccessTempo .access to the maximum extent practicableThe applicant has mitigated the negative impacts of proposed substandard and that the permit issued will allow a reasonable use of the property; andl create an exceptional and undue hardship on the applicant Limiting access wil 184 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota tyConnectiviSite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 dwellings may be approved if the City Engineer determines that the permit will allow family detached, duplex, or triplex -way approach permit for any singleA drive b. All driveway approaches shall be constructed per Engineering Standards Edge of driveway approach at sidewalk line must be within the lot served. per the Engineering Standards.veway must be tapered to match driveway approach at the back of the walk Dri residential and multifamily. -for all nonmovements from parking lot unless otherwise designated by the City Engineer Driveway approach will be a maximum of 25 feet depending on the turning .ccess will not create conflicts with abutting roadway trafficaThe and; storage needs at the access and nearby intersectionslocated so as to allow for proper signal coordination and adequate left turn Uniform Traffic Control Devices (MUTCD) and, in the case of traffic signals, are the requirements of the Manual of with compliesoperation of the access The installation of necessary traffic control devices for the safe and proper ;persons with disabilitiesand ,The access provides for the safe crossing of pedestrians, bicyclists ;way-of-rightdesign of the access should not interfere with the drainage system in the public and width. The drainage ,angle of entry, design speed and radii, driveway slopeThe design of the access satisfies standard geometric guidelines for turning the street; mainline or median ofintersections located across the roadway in order to limit conflicts within the Access locations have been properly offset from driveways or street channelization shall be used as appropriate to accomplish conflict reduction;driveway inbound and outbound left turning traffic. Median design features and Appropriate conflict reduction measures have been provided to safely manage the maximum peak period inbound traffic during the normal weekday;adequate to absorb of 25 feet, a minimume public streets. This distance shall b 185 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : ection 60.400.040DS Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 limited to certain turning movement; and/oris available, the temporary access be eliminated, altered, or Section 60.400.040Cvailable that better meets the objectives of this alternative means of access is abe designated as temporary access, and that when an Section 60.400.040Cly with one or more of the objectives in this That an access point that does not comp b. driveway or access;access to and from other designated properties to be served by the joint use approval, the property owner shall record an easement with the deed allowing cross a requirement is made a condition of point to adjacent properties. Where such That unobstructed and unencumbered access be provided from the approved access a. City Engineer may require:above, the 7If necessary to ensure compliance with the approval criteria in Subsection Conditions of Approval Driveway approach leads directly to a garage structure. Located on a corner lot. Side street lot lines are at least 90 feet in length. e metarSecondary driveway approach will only be allowed if the following conditions All Driveway approaches shall be constructed per Engineering Standards. Edge of Driveway approach at sidewalk line must be within the lot served. per the Engineering Standards.Driveway must be tapered to match driveway approach at the back of the walk and triplex dwellings. family detached, duplex, -to exceed the width of the driveway pad for all singleDriveway approach with no garage structure will be a maximum of 20 feet not City Engineer.structure, with a maximum width of 32 feet, unless otherwise designated by the Driveway approach will be less than or equal to the width of the garage um extent practicable:met to the maximreasonable access to the property and that all of the following standards have been 186 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 dards and Incentives: Chapter 60.400 ., to the maximum extent practicableareasin lanes, and solid waste storage and collection -through loading areas, driveavoid crossing or directing traffic shall ramps pedestrian and bikelocation of eople pushing strollers or carts. The , bicyclists, and ppersons with disabilitiesramps shall be located at convenient and safe locations for Pedestrian and bike .paving in the pedestrian walkwaywith a break in continuity of the driveway paving and not ,driving lanes or aislescrosses alkway wmaterial and layout shall be continuous as the pedestrian Walkways shall have a paved surface width of not less than five feet. The .public street frontages between two feet and six feet above grade from primary building entrances toclear sight lines deshall provi, and /or public streetsand building entrancesfrom primary backlighting to make the pedestrian silhouette clearly visibleilluminate crossings and/or create toincorporating features such as lighting be designed to maximize pedestrian security, shall Pedestrian walkways landscaped area.edge of the outer is constructed at the walkway site pedestrian -and an onbordered by a perimeter of landscaping that does not exceed 30 feet in width , or if the edge of the building is walkwaydestrian site pe-20 feet of a public sidewalk and the building entrance is connected to the public the edge of the building is within This standard does not apply ifor parking lot. than 100 feet in length when the wall is located next to a street A sidewalk shall be provided immediately adjacent to the exterior wall of a new configuration allows for direct pedestrian access.aligned solely based on the outline of a parking lot configuration unless such a d shall not be located and an origin and destination directly and continuouslyconnect areas or points of pedestrian Walkways shall be located and aligned to .located within 1,000 feet of the lot boundary transit stops any bus orto shall be designed to provide convenient access and a property frontage, along public sidewalk at least oneto building primaryof a entrance n pedestriaeach primary Walkways shall be provided to connect Access and Walkways a. floor area.of gross less than in structures withexcept Household Living uses The following standards apply to all new development and redevelopment in all districts Pedestrian Design and Accessibility operation equipment required for the functioning of the access point.ciated traffic operation, and maintenance of the access construction and any assoThat the applicant be required to participate in the cost of design, installation, c. 187 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 Buttress and arched entry. Raised corniced entryway parapet; or Prominent building address, building name, and lighting; ;Mural Pilasters or façade modules; :architectural detailsThe pedestrian entrance shall contain at least three of the following concentrations of pedestrian trafficoints in areas with highest p minimize potential hazards and conflictgn shall be incorporated into the site design, which shall Traffic calming desi upon determination that an alternative design will provide a better pedestrian waive this requirement for some or all of the units, willDevelopment Director t access entries from the building exterior. The Community facing sides of the building will -All ground level residential units along all street , corner lots shall provide a primary entrance at the corner.floor residential usess for ground façadeand excluding building maximum extent practicableTo the feet on the ground floor.To the maximum extent practicable, an entrance shall be provided every 30 street.One primary pedestrian entrance shall be provided for every façade facing a .60.400.040D.11.bSection mply with the standards in this shall co Section 60.400.040D.9subject to this roperties . All other pBuilding Entrances, Section 60.200.030L.3.dcomply with the standards in also shall sdistrictD -and MXT -in the MXProperties esPedestrian Entranc b. 188 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota onnectivityCSite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 Development Standards and Incentives: Chapter 60.400 Mounted Solar Collectors, and other alternative energy systems are exempt -Commercial Wireless Telecommunication Service equipment, Building wall.olor as the roof or the same color as an adjacent equipment shall be the same cmounted -To reduce visual impacts on abutting properties, the color of roof facing property boundary.-level on each street-groundscreen the mechanical equipment from all sides when viewed from parapet wall height sufficient to building’s architectural design, with a Screened by a parapet wall or similar feature that is an integral part of the facing property boundary; or-visible from ground level on any streetinto the design of the structure so that the equipment is not Integrated mounted mechanical equipment shall be:-Roof . Screening EquipmentMounted -Roof, Section 60.400.070F.1.ecomply with the requirements of to dThe features installed to comply with Subsection 5 above may also be use 189 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D ectivityAccess and Conn Section 60.400.040 Development Standards and Incentives: Chapter 60.400 .-Pedestrian, Section 60.400.100E.6 the standards in Lighting that complies with ; andgreaterwhichever is individual seat per 60 square feet of plaza area or open space, or one , edgeor l bench, such as a At least two square feet of seating area Paved walking surfaces of either concrete or other approved paving material; or private street or internal roadway;into the site from a public ) persons with disabilitiesaccess for Visual and pedestrian access (including At least one type of artwork, fountains, or other similar aesthetic feature; ; oriented space-entrance and the pedestrianetween the primary building b Landscaping that does not act as a visual barrier oriented space that includes:-evelopment shall provide a pedestrianEach d Pedestrian Oriented Space d. shall be designed with architectural and landscape shade elements.patios, entries, or pedestrian areas West and south exposures with plazas, building; andemphasize individual storefronts and reduce the architectural scale of the must use a variety of weather protection features to Business centers feet above the walking surface; eighting shall be at least awnside edge of the canopy or -feet at the lowest point. The street eightthan higher than 15 feet above the ground elevation at the highest point or lower Canopies, awnings, or other similar weather protection features must not be e, or building overhang;recessed entry, canopy, porch, marqueindividual business, and individual residence entries. This may include a feet deep is required over all primary building, fiveWeather protection at least following standards:comply with the features shallprotection edestrian weather Required pareas. as transit stops, building entries, along display windows, and over outdoor dining shall provide pedestrian weather protection in public spaces such Each development Pedestrian Weather Protection c. functions.impair their from any portion of these screening requirements that would 190 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040 rds and IncentivesDevelopment Standa: Chapter 60.400 above: DIn addition to complying with Subsection Wetlands E. .shall be avoided created hazards to life or property-humanor other natural or ng within the depth of construction activities, groundwater flow occurrilateral wetlands, surface, high water table, or have difficult topography, unstable soils, that are subject to periodic inundation, subsidence of the earth’s Development of lands Sensitive LandsGeneral Requirement for all D. charges.-and 6 ,Wetland Conservation3, -of Ordinances Chapter 6engineering standards including stormwater discharge requirements in Rochester Code apply in addition to any applicable Section 60.400.050FThe standards in this ring StandardsAdopted Enginee .Shoreland District Overlay –SDO , Section 60.200.040F, and Floodplain Overlay –FPO , Section 60.200.040E. Decorah Edge Overlay -DEO Wetland Conservation and the , .040DSection 60.200in apply in addition to any applicable standards Section 60.400.050FThe standards in this Overlay Districts applicable regulations adopted pursuant to those laws.law and ederalfor tate s The standards in this Section 60.400.050 apply in addition to any applicable standards in Regulationss or State or Federal Law law. ederalfor tate s , the stricter regulation shall govern unless otherwise required by60.400.050Section subject to this conflict between standards applicable to the same land or activityn case of a including but not limited to those listed in Subsections C.1 through C.3 below. I apply in addition to other applicable standards, Section 60.400.050The standards in this Relationship to Other Standards C. .mitigation measures already applicable to the property due to prior development approvalsation complies with avoidance and is not necessary because the applic Development PlanSite the ofunless the Community Development Director determines that review approvals Site Development Planapplies to all subdivision and Section 60.400.050DThis Applicability B. enhance the natural environment.nd to protect, preserve, and into waterways apollution reduce toand grading, drainage, stormwater, ,earthworkestablishes standards that regulate Section 60.400.050This Purpose A. RAINAGE D AND ,TORMWATER S ,ETLANDS W ,ANDS L ENSITIVE S Section 60.400.050 191 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.050A Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050 Development Standards and Incentives: Chapter 60.400 ance costs.maintenterm -and reduces long ,Stormwater Management Plan, benefits groundwater rechargeconsistent with the provided that it is ,by the City Engineersubject to approval allowed control stormwater runoff is toThe use of overland drainage and retention geOverland Draina to the maximum extent practicable. identified by the City other best management practices bioswales, raingardens, andmanagement of stormwater shall be accomplished through the use of site -On c. Stormwater Management Plan.Comprehensive th the consistent wiadjacent to a receiving body of water such as a lake or river and proposed runoff is management facilities are adequate for the conveyance or if the development is Greater runoffs may be permitted by the City Engineer if downstream stormwater b. .as described below Engineerrmitted by the City than existed prior to the development unless otherwise peshall be detained within the development and released at a rate no greater the sitechange of use activity on or , redevelopment,frequency storms due to development year-100year and -10year, -2from runoff the rate or volume of Increases in a. Reduction RequirementsRunoff increase turbidity.will not disturb vegetation or thatfree of silt and debris and shall be discharged at a rate from a construction site directed to a wetland shall be substantially Protection of Wetlands Stormwater F. development rate or volume.-reduced below, its preshall not be increased over, or substantially Stormwater drainage into a wetland 5. in section 60.200.040E.Soils based on the USDA Soil Survey groundwater supported wetlands on the Decorah Edge overlay Map and or Hydric A wetland delineation is required for all development that has Decorah Edge soils or 4. 8420. chapter Rules WCA-BWSR utilizing Panel Evaluation Technical the on Engineers of Corps the and BWSR DNR SWCD, the with LGU, the by approved plan, replacement Wetland a houtwit prohibited is wetland delineated a of filling or dredging, Draining, 3. wetland.No temporary or permanent structure shall be allowed within 25 feet of a delineated 2. delineated wetlands after the effective date of this ordinance.wetland is required on all A wetland buffer area extending 25 feet from a delineated 1. 192 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Stormwater: Section 60.400.050F Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050 Development Standards and Incentives: Chapter 60.400 way.-of-be stockpiled or deposited on any improved public rightMaterial excavated from or to be used as fill on any lot under development shall not Way Prohibited-of-f Fill in RightStockpiling o c. met shall be noted on the plans. An acknowledgment that all local, state, and federal requirements have been activities requiring a grading permit regardless of disturbance area. th the MPCA Construction Stormwater Permit is required of all Compliance wi .following standards the and Minnesota Pollution Control Agency’s Construction Stormwater Permit,the standards,ngineering e City ,Stormwater Management Plan ComprehensiveThe plans for erosion and sedimentation control shall conform with the Erosion Control Standards b. .practicesdetention and retention culverts, drop structures, and stormwateras such shorelines, drainageways, borrow and stockpile areas, and drainage structureserodible slopes, streambanks and are not limited to,, but during construction and following final completion of a development. The areas to be soil erosion and sedimentation will be minimized howGrading Permits shall address Grading Permit a. Erosion Control . Section 60.400.050stormwater policies and this standards of the Rochester Stormwater Management Plan and adopted drainage or and grading plans shall be designed to comply with the Stormwater Management Compliance with Adopted Plans and Local Agencies Required Stormwater Managementand ,GradingErosion Control, G. maintenance.t provides sufficient width for located within a dedicated drainage easement thaThe City may require any water course or stormwater management facility to be c. other public works design criteria.lan and Panagement Mtormwater SComprehensive s ’conformance with the Cityd and constructed in All stormwater management facilities shall be designe b. .crossingthe related tomay require mitigation of impacts , conditions attached to that permit. If a revocable permit is requiredfence or structurethe to allowapproved has beenor a revocable permit retention or detention facilityreduce or restrict the flow of water, unless part of an approved couldthat easement channel or No fences or structures shall be constructed across an open drainage a. Channel Restrictions Prohibited 193 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Control, Grading, and Stormwater ManagementErosion : Section 60.400.050G and DrainageSensitive Lands, Wetlands, Stormwater, Section 60.400.050 Development Standards and Incentives: Chapter 60.400 ;establish proof of conceptbut provides enough engineering to Development Plan is conceptual in natureGeneral for a lan Panagement Mtormwater Simpervious surface area. The involving an increase in Development PlanSite A General Development Plan or shall accompany an application for: lanPanagement Mtormwater SA When Required a. Requirementsand Planster Management Stormwa .regulations and standardscity, state and federal applicableall Stormwater Management Plan and and constructed in accordance with the standards established in the City’s facilities shall be designed stormwater managementAll interim and permanent . approval City Engineer are subject tofacilities stormwater managementPlans for away from buildings towards approved drainage facilities. Developments shall be designed and constructed with a positive drainage flow , required recreation area.ingsDwellMultifamily into account the potential need for accessory buildings and, in the case of street parking is required. The site grading plan shall also take -In the design of site grading plans, the provision of adequate buildable areas RequirementsPlan Grading c. Installation of utilities not involving other surface grading. The excavation for footing/foundation does not require an approved grading plan. Exemptions b. ent Plan is required. Whenever a Comprehensive Surface water Managem material.exceeds an accumulative total of 50 cubic yards of equals or material on a site When any land disturbing activity involving the excavation or fill of earth and isturb over 10,000 square feet of area;will dwas not included in a previously approved grading plan and thata development involves thator conditional use Zoning CertificateAs part of an application for a As part of an application for a Final Plat; e required:bAn approved grading plan shall When Required a. Requirements Plans and Grading 194 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Control, Grading, and Stormwater ManagementErosion : Section 60.400.050G Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050 Development Standards and Incentives: Chapter 60.400 the property, unless otherwise allowed by the terms of the development oulevard trees shall be installed prior to or concurrent with the development of B s.Site Development Plan Conditional use permits; or Subdivisions that require Planning Commission approval; plats that require City Council approval; subdivision Final development: Boulevard trees shall be required for the following types of proposed General Requirements a. Standards streets in all areas of the City.is to establish trees on boulevards on public Section 60.400.060Athis The purpose of Purpose Boulevard Trees A. ENCES F AND ,UFFERYARDS B ,ANDSCAPING L Section 60.400.060 .approval Engineer Cityare subject to facilities stormwater managementPlans for pervious pavers shall be calculated as impervious areas. approved by the City, areas covered by are here the use of pervious paversW or adopted drainage or stormwater policies.The plan shall be consistent with the Rochester Stormwater Management Plan d stormwater management for the development. site grading, anengineering calculations performed and assumptions used to design the site, with all applicable rules, regulations, and standards. It shall present all demonstrate compliance shall be prepared to Stormwater Management Plan A Requirementsn laPStormwater Management b. Engineer.Other development requiring a grading plan, unless waived by the City lands subdivisions; andincluding Stormwater Management Plan Any lands not covered by a detailed or conditional use approval; CertificateZoning only phase development requiring-The master plan of any multi been prepared;has Stormwater Management Plan no whereof land Major Land SubdivisionA 195 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Boulevard Trees: Section 60.400.060A Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 .Directorished by the Public Works establstandards and specifications for turf restoration and boulevard treatment as Development requiring planting of boulevard trees shall be required to apply the outside of the allowed pavement for sidewalk and driveway approach.er approved landscaping All boulevards must be vegetated with turf grass or oth surface surrounding each tree.paved permeable -tree location shall have a minimum of 60 square feet of nonWhere the City permits paving within the boulevard by separate permit, each term plan for paveme-longwith a Director approach, unless found to be consistent by the Public Works area established for the sidewalk required for the property and driveway outside of the applicantNo boulevard shall be paved by the property owner or ty.Road Authority responsibilicovered by a corridor plan identifying boulevard infrastructure as a City or other D districts and in areas of the City -The following provisions apply except in the MX Boulevard Preparation and Paving b. discovered site conditions.submitted planting plan based on unusual or newly may authorize deviations from the and Recreation Director The Parks .practicableto the maximum extent with New Commercial Buildings with Business Signsrd Tree Placement and for Standards Associated Policy on BoulevaDepartment and Recreation sPark heBoulevard tree placement shall comply with t . Planting StandardsSection 60.400.060A, planting spaces is determined by the standards of required The number of planting plan.a complete and approve review shall and Recreation DirectorThe Parks Development Plan approval or Zoning Certificate/building permit). Council or as part of a Staff level development permit approval (Site The planting plan must be submitted and approved prior to final action by City prior to planting within the boulevard.and Recreation Director Parks be obtained from the must. A Boulevard Tree Planting Permit 60.400.060B.12Section All boulevard tree installation shall meet the minimum standards as described in Section 600.400.060A,4. Citylieu is made to the -in-payment, or a prior described in Section 600.400.060Eas Boulevard Tree Green Facilities Agreementthe terms of a agreement, 196 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Trees Boulevard: Section 60.400.060A Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 the modifications listed below are practicable on the property, the modification determines that more than one of and Recreation Director the property. If the Parks on practicableinstallation requirements listed in Subsections 1) through 6) below are none of the modifications of boulevard tree planting and and Section 60.400.060Ddemonstrated that the trees or planting spaces cannot be provided as specified in lieu will not be approved unless the City finds that the applicant has -in-A payment Sequencing c. -in-aymentrequire a p will, then they in order to preserve the visibility of signs is not feasible 60.400.060ASection with this If the Parks and Recreation Director determines that compliance Sign Visibility b. with infrastructure.erfere with sign visibility or is not desirable because the trees would int 60.400.060A.4Section this required by asdetermines that installation of boulevard trees and Recreation sif the Director of Park Section 60.400.060Ain this plan boulevard trees as describedrequirement to lieu of the -in-A payment Applicability a. of Boulevard Tree Planting lieu-in-Payment boulevard trees will not be permitted.does not apply where the Road Authority determines that Section 60.400.060AThis Road Authority .n tree health or nearby areasmitigate potential impacts oand may be denied or subject to conditions to Parks and Recreation DirectorPlanting on slopes steeper than 60 degrees requires additional review by the .of sidewalks (normally measured from the property line) between a boulevard tree andof 25 feet A minimum separation . of 20 feet shall be provided from roadway street lightingA minimum separation .equipmentground utility -aboveeparation of 12 feet shall be provided from A minimum s as measured at the property line.eparation of seven feet shall be provided from edge of driveways A minimum s for commercial properties. boulevard between the trees located within the operties and 35 feet for residential prbetween trees located within the boulevard Tree spacing shall average 50 feet extent practicable.with the following standards to the maximum shall comply Planting of boulevard trees Planting Standards c. 197 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Boulevard Trees: Se Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 . ecosystems improve Rochester’s biodiversity and aesthetically pleasing development that will protect and foster to environment and improve Rochester’s vegetated is to 0BThe purpose of this Purpose apingLandscGeneral B. .Directorand Recreation s. The payment shall be submitted to the Parkthe Citywill be accepted by lieu-in-paymentwhether a determineDevelopment Director shall , the Community Director and Recreation sAfter consultation with the Park AgencyResponsible f. established on an annual basis by the City Council.A fee for boulevard trees and installation shall be trees on public rights of way.. The funds may only be disbursed for the establishment of boulevard constructionyear of completing one thin neighborhood tree fund and shall be expended wishall be placed in a Section 60.400.060A.4All payments collected pursuant to this Funds Established e. .fee established by City Councilfor the purpose of sign visibility or infrastructure constrictions multiplied by the annual computed based solely on the number of boulevard trees reduced by the applicant of the amount of the cash payment required shall be greement. The calculation aevelopment dthe agreed to inby the City, or as approved Conditional Use Permit pursuant to a Development Plan or issuance of a Zoning Certificate/building permit de prior to the recording of the Final Plat of the subdivision or Payment shall be ma Payment d. lieu” requirements.-in-Compliance with the “payment Altering sign location, design, height, or sign type; and Trimming of trees to provide business visibility; Substituting understory for canopy trees; and Recreation Director); sParkincludes a reduction in the separation distance between trees acceptable to the The grouping of trees that may also include alternate tree species (this principle Use of alternate canopy tree species; .lieu)-in-submitting a payment practicable, the applicant shall be required to comply with modification 1) in lieu ofif both modifications 1) and 3) are ,appearing first in the list shall be required (e.g. 198 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B ing, Bufferyards, and FencesLandscap Section 60.400.060 Development Standards and Incentives: Chapter 60.400 :Landscaped areas include sPermissible Types of Landscaped Area .sto windowng areas by providing open space adjacent To enhance the livability of interior buildi d. ; and/orFor passive or active recreational purposes c. ;way or adjacent residential properties-of-when viewed from the adjacent rightent provide aesthetic benefits by providing a feeling of openness to the developmTo b. ;To separate use areas on the development, such as circulation from recreation a. more of the following purposes:serves one or thatshall be developed in a manner Private or common landscape areas sLandscape Area Commonand Privateof Development feet.have frontage on the common or public open space for a distance of at least 40 thatway -of-walkways or accessways leading to the common or public areas, or public rightser through adjacency of the private lots or buildings to the common space, the use of eithbe accessible to all residents of the development. Such access may be provided mustWhen landscaped area is provided through either common or public means, the area Access Requirements landscape area requirement.to meet the usedit has been whereent residents of the particular developmarea is designed primarily for the the for the use and enjoyment of the general public, dedicated in fee to the local governing body or one of its agencies. While maintained has been thatform of common landscaped area Public landscaped area is a Public Landscape Area c. enjoyment of the occupants of the development.is designed and intended for the common use or thatdedicated for public use Common landscape area is land within a development not individually owned or Area b. under the control of the owners of the principal structure or use on the lot.Private landscape area is land located on the same zoning lot as the principal use Private Ownership of Landscape Area a. the following three forms.may take one of Landscape area ownership Ownership of Landscape Area . informationrequired all installation of required plantings shall be accompanied by a landscape plan that includes Any application for a Zoning Certificate or Conditional Use Permit involving the Landscape Plan Required 199 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060 centivesDevelopment Standards and In: Chapter Preservation of Common and Public Landscape Areas .Section as provided for in and following approval of a revocable permit way-of-ightr. Landscape area may be partially within a public Road Authorityobtained from the way if permission is -of-Landscape materials may be planted within the public right Way-of-Public Rights Landscaping in .or downspouts ,Eaves, gutters c. ; andnclosed balconiesUne b. ;no such items projects more than six feet into or over the landscaped areaor air conditioning units, provided ,Unenclosed terraces, fire escapes, planting boxes a. area:The following shall not be considered obstructions when located over any landscaped Permitted Obstructions over Landscaped Areas an integral part of the building.or similar passive recreation areas that are ,Balconies, screened porches, terraces e. ; andrecreational buildings, including storage sheds and carports-Non d. ;60.400.060B.6Section serve four or more parking spaces; except as provided for in thatDriveways c. Open parking areas or parking garages; b. way for streets;-of-private right Public or a. what may not be counted as landscaped area: are examples ofThe following Impermissible Types of Landscaped Areas or grassed waterways. ,areas such as lakes, ponds, wetlandsped for either passive of active recreation at ground level and natural Areas develo f. the building and are open to view and use by the public; andare directly oriented to the major pedestrian entrance of thatPlazas within a building e. Pedestrian and bicycle paths; d. ;Section 60.400.060B requirements of thismeet the other thatGround surface areas located above underground facilities c. ;d areashall be permissible landscapets buildings with four or less unistreet parking for residential -serve parking areas providing off thatDriveways b. ;area) alusable recreationother substantial improvements (except structures or improvements qualifying as and ,are free of buildings, structures thatand bufferyards ,equired yards, courtsR a. 200 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: 60.400 Chapter 60.400 and 1 understory tree; 2x and R3-R MinimumPlanting Requirement Zoning District Minimum Planting Requirements 1-400.06able T requirement. boulevards trees, etc. cannot be counted toward the minimum planting Plantings required by some other provision of this UDC, such as bufferyards, shall be located on the lot. 1-400.06able TMinimum planting as described in T districts. -D and MX-These requirements do not apply in the MX with four or more units, for front yards and, where applicable, street side yards. residential uses, and residential uses -ts shall apply to all nonThese requiremen Applicability a. the landscaping, to include plantings beyond grass. are intended to enhance diversification of sectionThe base planting requirements in this Planting Requirements the requirements for another development. comply withsed to may not be udevelopment to meet ordinance requirements. Landscape area for one development subdivided, or developed unless adequate landscape area remains for the original Land designated as the required landscape area for a development shall not be sold, g. space land and provide for maintenance responsibility.-on of the opensubdivisirestricted private ownership that shall prevent development and/or subsequent -Deed f. s association.’or homeowner applicantpublic agency with ownership and maintenance responsibility remaining with the ts of open space may be made to an appropriate Dedication of development righ e. full responsibility for its maintenance.s association that assumes ’Common ownership of the open space by a homeowner d. is willing to accept the dedication.entity en space to the City or an appropriate public agency, if either Dedication of op c. identified as “common elements.”Through the use of condominium agreements in which all landscaped areas are b. area;the property owner or an entity acceptable to the City to preserve and maintain the to an agreement with the City obligating Ownership by the property owner subject a. and maintained by any of the following mechanisms:diminished or destroyed. Common or public landscape area may be owned, preserved, shall be maintained so that use and enjoyment as open space is not sLandscape area 201 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 the Community Development Director.may be substituted with the approval of Planting in Easements, 60B15,60.400.0 Trees shall not be planted in utility easements. Other plantings, as described in 60.400.060B14.in not interfere with Visibility Triangle requirements, as described rom time of planting through maturity, front and street side yard plantings shall F per every 1 required canopy tree.provided instead of the required canopy trees at a ratio of 2 understory trees adjacent to or underneath overhead utility lines, understory trees shall be r proposed overhead utility line. Where canopy trees are required an existing oNo tree that has a mature height of 25 feet or greater shall be planted beneath and understory trees shall be no closer than 10 feet from a building foundation. Canopy trees shall be planted no closer than 12 feet from a building foundation, Tree Placement and Clearances b. foot minimum height requirement within two years of planting.-\[1\] Shrubs must meet the 3 Notes center \[1\]lot frontage, planted at least 3 feet part on every 30 linear feet of height for -foot-3 deciduous or evergreen shrubs of minimum 3 4 understory trees; and and3 canopy trees; BP, LI, and SI center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-of minimum 33 deciduous or evergreen shrubs G-C, and MX-S, MX-MX center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-6 deciduous or evergreen shrubs of minimum 3 1 canopy tree, 1 Understory tree, and N-MX center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-3 deciduous or evergreen shrubs of minimum 3 2 understory trees, and and2 canopy trees; R4 center \[1\]lot frontage, planted at least 3 feet part on every 30 linear feet of height for -foot-3 deciduous or evergreen shrubs of minimum 3 MinimumPlanting Requirement Zoning District Minimum Planting Requirements 1-400.06able T 202 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 lt.expense incurred by the city for completion of the work in case of defauity shall be entitled to reimburse itself out of said funds for any cost and CThe d. including materials and labor, of installation of the required plantings. percent of the total cost, All financial guarantees shall be equal to the sum of 100 c. .all plantings are installedthat ensurereputable landscape firm, a performance bond or an escrow deposit to afrom full receipt -in-be installed, the applicant shall provide a letter of credit, a paid torequired plantings forCommunity Development Director When the b. will optimize the chances of success for growth of the plant materials. thatear of the y a timeplanting at modifies that to allow Community Development Directorunless the shall be installed prior to final building inspection UDClantings required by this P a. Installation .Minimum Plant Size 2-400.06Table in requirements provided they meet the minimum plant size specifiedto meet landscaping or bufferyard usedExisting, healthy plant material may be d. height 3 feet Shrub, Evergreen height 15 inch Shrub, Deciduous heightfeet 6 Evergreen Tree eightfeet h 4 Understory Tree height feet 6 Stem Clump- caliperinches 2.5 Canopy Tree, Single Stem Minimum Plant Material Type Minimum Plant Size 2-400.06Table .Minimum Plant Size 2-400.06Table in ndardsminimum size sta, all plant materials shall meet UDCin this otherwiseUnless specifically indicated c. .esubject to blight or diseasnot and areaRochester if they are hardy to the such as native grasses and forbs,, may permit other types of plant materials Community Development DirectorThe b. Nurseryman (AAN) for the number and grade.All plant materials must meet specifications of the American Association of a. Types of Plants Allowed authorize alternate plantings or planting locations. evelopment Director may the requirements of this Section, the Community DWhere lot size, topography, easements, or other constraints preclude complying with c. 203 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 easement area.not replace plantings or landscaping removed or damaged during work within the shall not interfere with reasonable access to the utility facility. Utility Companies willPlantings in utility easements shall be placed at the risk of the property owner, and c. be installed in or permitted to remain in the public utility easement. hts may Ground cover, grass, and native grasses, or hedges under three feet in heig b. facilities. with the free movement of service vehicles, or placement and operation of utility Vegetation located on utility easements shall be placed so that it does not interfere a. Planting in Easements and lot line.10 feet back along a driveway and lot line from the point of intersection of the driveway o streets, or by joining points measured along the property line from the intersection of twHorizontal measurement shall be 30 feet from the edge of the nearest traveled way.of the curb on the street adjacent to the nearest street of the triangle or, if no curb exists, hall be made from the top feet above curb grade. Vertical measurement s ninefeet and that extends into the vertical space between three ks)nlandscaping (other than tree truIn any zone district that requires a front or side street building setback, there shall be no ility TriangleVisib required.of approval meet or exceed the ordinance requirements, no additional guarantee is governmental authority, such as FHA Approval Requirements, and these conditions Where financial guarantees are required for such improvements under other e. 204 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Landscaping: on 60.400.060BSecti Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 square feet.islands shall each contain a minimum of one tree and three shrubs per 400 scape landscaping and boulevard/street trees, land bufferyardExclusive of Landscape Island Planting and Tree Requirements c. primary internal access drives.rows, adjacent to lot lines, and used to define the location and pattern of areas along the ends of parking Landscape islands shall be provided in parking width and a minimum of 50 square feet.feet in length or eightlandscaping. No landscaped island shall be less than Landscape islands shall be a sufficient size to accommodate required d Location RequirementsLandscape Island Size an b. islands percentage may be reduced to five percent.permeable paving is used for all parking spaces, then the minimum landscaped consist of landscaped islands, unless landscaping or bufferyard plantings, must exclusive of perimeter internal parking lot area,percent of the 21A minimum of Number of Landscape Islands Required a. standards.drainage. The interior area of parking lots shall be landscaped according to the following shall be included to break up parking rows and to allow for Landscaped islands Parking Lot Landscape Islands Required .property abutting the applicable Household Living useinstalled on all sides of the A solid wall or fence no less than six feet in height b. use; orproperty abutting the applicable Household Living property line on all sides of the A landscape buffer a minimum of 10 feet in width, measured inward from the a. shall be screened according to the following standards:Residential district (other than a Multifamily Dwelling) located in a Household Living use adjacent to a esidential districts that are located R-street parking areas in Mixed Use and Non-Off Parking Lot Screening Adjacent to a Residential Zoning District shall be exempt from the landscape island requirements. way-of-om view from the public rightlocated behind or otherwise screened by a building frare located in a rear yard, contain 20 or fewer spaces, and are ots that lParking b. b below., unless exempted under Subsection created by larger parking areas to reduce heat island impacts and rking areaspaextensive visual impacts created by to reduce the all primary use and accessory parking lotsLandscaping is required for a. Applicability Parking Lot Landscaping C. 205 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota LandscapingParking Lot : Section 60.400.060C dscaping, Bufferyards, and FencesLan Section 60.400.060 Development Standards and Incentives: Chapter 60.400 NOTES None 1 1 1 1 District Residential-NonAll Uses in a 2 None 1 None None Use DistrictUse in a Mixed Residential-Non 4 1 None 1 None Districta Mixed Use Residential Use in 4 2 1 1 None DistrictResidential nUse in a Residential-Non 4 3 2 2 None District and ResidentialAgricultural naResidential Use in District Residential-NonAll Uses in a Use DistrictUse in a Mixed Residential-Non Use DistrictUse in a Mixed Residential DistrictResidential and Agricultural nUse in a Residential-Non District Residentialand Agricultural naUse in Residential Applicant Zone District and Use Propertybutting Use of AZone District and Bufferyard; 4 = Level 4 3 BufferyardLevel Level Level1 = None = No Requirement; LevelRequired Bufferyard 3-400.06Table .butting usedevelopment is larger or smaller or more or less intensive than the existing aregardless of whether the new , Required Bufferyard Type, 3-400.06Table indicated inas lines with abutting properties shared propertyalong property edge buffering provide shall in all zoning districts and changes of use , redevelopment,developmentew N Applicability .or noxious effects of the new developmentharmful existing uses from potential wind, dust, noise, traffic, glare, visual disorder, and buttingproviding more privacy and protecting a as well as between those land usesnew development of different types, scales, or intensities by providing visual barriers isting development from abuttingis to buffer ex Section 60.400.060Dof this The purpose Purpose yardsBuffer D. -canopyA minimum of 75 percent of the required parking area trees shall be deciduous 206 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Bufferyards: Section 60.400.060D Landscaping, Bufferyards, and Fences Section 60.400.060 ncentivesDevelopment Standards and I: Chapter 60.400 berm orfence wooden tall ootf 6a and plantings, 15 shrubs,plantings, 7 understory canopy 4, eetf 53Minimum width of wooden fence or berm tall ootf 6and a 20 shrubs, plantings, understory 5plantings, canopy 6, eetf 5 of total separationcreates a strong impression between uses and contact creen that prevents visual sFunctions as an opaque Opaque: Bufferyard 4 Level shrubs 15plantings, and understory 7plantings, canopy 4feet, Minimum width of 35 shrubsplantings, 5 understory , 6 canopy feetMinimum width of 25 residential uses-nonchallenges associated with to help mitigate the intensity aesthetically pleasing buffer Functions as a strong but StrongBufferyard: 3 Level shrubs 6and understory plantings, 3canopy planting, 2, eetfMinimum width of 25 shrubs 8 plantings, andunderstory 4plantings, canopy 3, eetfMinimum width of 15 adjacent propertiesbetween visual contact ingeliminatspatial separation without creates the impression of and visual obstruction Functions as an intermittent Aesthetic: Bufferyard 2 Level shrubs 8plantings, and 2 understory , eetfMinimum width of 20 , and 2 shrubsplantings2 understory , splantingcanopy 2, eetf10 Minimum width of with a slight properties demarcating individual Functions as a basic edge : BasicBufferyard 1 Level Option 2 Option 1 Linear FeetPer 100 Minimum Bufferyard Requirements Description Configurationand Level yardBuffer LevelsBufferyard 4-400.06Table Fences, Section 60.400.060E standards ofl comply with the a berm or fence is selected, the berm or fence shal requiringscreening requirements specified under either Option 1 or Option 2. Where an option requirement may be met with the combination of minimum buffer width and minimum the , Required Bufferyard Level, 3-400.06Table is required in level yardbufferterms of their function, opacity, width, and planting requirements. Where a particular options in ryarddescribes two different buffe ,, Bufferyard Levels4-400.06Table a. Bufferyard Requirements \[1\] When a residential use proposes 4 or more dwelling units, the required bufferyard is Level 2. District Residential-NonAll Uses in a Use DistrictUse in a Mixed Residential-Non Use DistrictUse in a Mixed Residential DistrictResidential and Agricultural nUse in a Residential-Non District Residentialand Agricultural naUse in Residential Applicant Zone District and Use Propertybutting Use of AZone District and Bufferyard; 4 = Level 4 3 BufferyardLevel Level Level1 = None = No Requirement; LevelRequired Bufferyard 3-400.06Table 207 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Bufferyards: Section 60.400.060D Landscaping, Bufferyards, and Fences Section 60.400.060 nt Standards and IncentivesDevelopme: Chapter 60.400 .are met Section 60.400.060Dlong as the requirements of this so veloped use, the existing use may expand its use into the original buffer areadeis required between the first use and the subsequently thatthan the bufferyard Where the bufferyard between a land use and vacant land turns out to be greater c. are met. Bufferyard Levels,, 4-400.06Table requirements in the that or landscape features provided ,stormwater facilitiestrails, seating areas, use -multi ways,bike sidewalks,Bufferyards may contain b. 208 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Bufferyards: Section 60.400.060D Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 tional Electric Safety Code.aNrance requirements of the and hedges shall meet all applicable clea ,walls ,All fences supports and bracing are not visible) shall face the abutting Household Living use.zoning district, the “finished” side of the fence (generally the side where structural ing use in a Residential district along a property line with a lot containing a Household LivResidential zoning -Use or Non Where a fence is installed on any property in a Mixed of the nearest traveled way.to the nearest street of the triangle or, if no curb exists, from the edge the street adjacent . Vertical measurement shall be made from the top of the curb on Visibility Triangleany in above curb grade feet threeigher than h fenceor obscuring or partly obscuring wall-, there shall be no sightacksetb building froa In any district that requires used for vehicular or pedestrian traffic including alleys. way-of-rightdriveway with any feet to the intersection of a 10No fence, wall, or hedge shall be placed closer than building by more than five feet. e abuttinggrade of thexceed the shall not s lot, the fence may exceed the height limitations, but ’applicantlots is greater than that of buildings on the he grade of buildings on abuttingWhen t b. ground at any point; orfeet above the elevation of the surface of the 10maximum height not to exceed the Community Development Director may authorize fences and walls to have a through a zoning certificate, In instances where public safety or security necessitate, a. :ground at any point excepturface of the feet in height above the elevation of the sfront lot line shall not exceed six Fences and walls that are not located between the front of the primary building and the chain link. constructed of nt lot line shall not be completely opaque, and shall not be and the froIn all zoning districts, fences and walls located between the front of the primary building 36and the front lot line shall not exceed In all zoning districts, fences and walls located between the front of the primary building .way-of-rightwithin five feet of any alley No fence, wall, or hedge shall be placed closer than 18 inches to any public sidewalk or agreement with the abutting property owner.or hedge may extend beyond or across a property line unless in joint No fence, wall, comply with the Building Code.shall comply with the following standards. Fences and walls installed to protect slopes shall slopes from subsidence or erosion tAll fences and walls except those installed to protec , Walls, and HedgesFences E. 209 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota HedgesFences, Walls, and : Section 60.400.060E Landscaping, Bufferyards, and Fences Section 60.400.060 Development Standards and Incentives: Chapter 60.400 aesthetic concerns.Balance the community’s economic and site activities to adjacent uses; and-Minimize the negative impacts of on for extended building lifecycles; to multiple usesPromote building designs and construction practices that are sustainable and adaptable uses; residential-nonresidential neighborhoods and adjacent Enhance the pedestrian scale of new developments and ensure compatibility between alue of property within Rochester;term market v-Protect and enhance the long nd quality of Rochester’s neighborhoods;Protect and enhance the character a intended to:The standards are further .attractive, and sustainable development ,quality-that foster highsite and building design standards establish is to Section 60.400.070The purpose of this Purpose A. ESIGN D UILDING B ITE AND S Section 60.400.070 .and adjacent public Parks or open spaces way-of-srightof the property when viewed from public Provide equal or superior visual appearance d. impacts of the proposed development; andnoise, traffic, or activity visual, Provide equal or superior buffering of adjacent properties from anticipated c. prohibited or invasive species;list of state y, county, orDo not include invasive vegetation included in an adopted cit b. ;Section 60.400.060Are consistent with the purposes of this a. :alternativesthe proposed if the Director determines that Community Development Director may be approved by the Section 60.400.060Alternatives from the requirements in this .Preservation or natural vegetation e. and/or public safety;Potential risks to d. of existing utility or other easements;location The c. ;, particularly for infill and redevelopment projectsUnique lot size or configuration b. natural rock formations, or topography; Natural conditions, such as watercourses, a. :ncluding but not limited toIalternatives are justified by site or development conditions. when approved by the Community Development Directorbe may Section 60.400.060this ing requirements in landscaping, bufferyard, and fencrequired the of Modifications ComplianceEquivalent Alternative F. 210 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Alternative Equivalent Compliance: Section 60.400.060F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 Residential Care Facility is also exempt from these standards.old Living uses, the would be exempt from these standards if occupied by Househhere a Residential Care Facility occupies a dwelling structure that W .following standards), shall comply with the Allowed Uses Table, 1-300.01Table Industrial uses (as listed in Group Living, Public, Institutional, Civic, Commercial, or , All Multifamily Dwellings Screening .impracticablemake such placement made obstacles that -manhunatural or to dueDevelopment Director requirement is waived by the Community unless this undergroundshall be placed and maintained lots to individual lines distributionsconnecting other conduitsand ,lines , communicationsite electric utility, cable television-All on Utility LinesSite -On screen the slope shall be required.expected to produce a growth cover, the use of vines or other plant materials to or other ground cover treatment cannot be ,Where the use of seeding, sodding c. vide visual and aesthetic benefit to the community. development and prodevelopment shall be required to stabilize slopes or to enhance the character of Revegetation or screening of permanent exposed slopes created by any new b. All slopes shall be stabilized, as required by the adopted Uniform Building Code. a. Hillside Development .practicableto the maximum extent and structures in order to preserve naturaldisturbed land for roads, parking areas, or -alreadySite design shall maximize the use of reservation of Natural AreasP .Section 60.400.070Ein this as specifically statedt excep in all districts and redevelopments The following standards apply to all new developments Site Design E. design.as they relate to site and building , Loading, and StackingParking, Section 60.400.080 inshall comply with applicable standards Section 60.400.070to this All development subject Parking D. , as they relate to site design.Access and Connectivity, Section 60.400.040in standardsshall comply with applicable n 60.400.070Sectiothis to jectAll development sub Access and Connectivity C. .Section 60.400.070stated in this eptionscsubject to ex, in the City specific development approvals-siteshall apply to all Section 60.400.070This Applicability B. 211 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Applicability: Section 60.400.070B Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 planting.the area to be screened and a minimum of eight feet in height at the time of ed CMU block) or a vegetative screen planted along the full length of unfinish(excluding materials and colors of the nearest wall of the primary buildingminimum of eight feet in height that incorporates at least one of the primary s shall be screened from view by a solid wall or fence a service, and refuse areathe loading, properties, public streets, or from abuttingspace, public trails, vice, and refuse areas are visible from public open In cases when loading, ser maximum extent practicable.properties, to the public streets, or from abuttingopen space, public trails, ic shall be located where they are not visible from publ possible ordesign if Outdoor loading, service, and refuse areas shall be integrated into the building Loading, Service, and Refuse Areas b. .Mounted-or Building -Solar Collector, Ground, 60.300.020F.2Section Mounted Solar Collectors shall comply with all applicable provisions in -. GroundWireless Telecommunication ServiceCommercial , 60.300.020F.1Section CWTS shall comply with all applicable provisions in intended functions.that would impair their ability to perform their screening requirementsany and other alternative energy systems shall be exempt from ,Solar CollectorsMounted -Ground, Commercial Wireless Telecommunication Service (CWTS) ,Section 60.400.060B.11 landscaping materials and installation incomply with the standards for permitted must The vegetative screen ; or on the sitee installed or fencwall permitted or another type of structures (excluding unfinished CMU block)primary on the nearest wall of the colors and materials predominant use at least one of thethe mechanical equipment being screened and shall n the height of shall be of a height equal to or greater thaThe wall or fence the following criteria: iesor a vegetative screen that satisfwall or fence and permanent equipment shall be screened from view by a solid ails, public streets, or from adjacent properties, the open space, public trmounted mechanical equipment is visible from public -groundIn cases when .and screeningpracticable, and shall comply with all provisions of this UDC regarding location public streets, or from adjacent properties to the maximum extent public trails, they are not visible from public open space, where shall be located )equipmentand all other mechanical , equipment, pumps and heaters, propane tanks, and ventilating equipment, kitchen hoods and vents, swimming pool coolingrs, heating, subpanels, air conditionebackflow prevention, electrical boxes, utility boxes, water mounted mechanical equipment (e.g., -Outdoor ground Mounted Mechanical Equipment-Ground a. 212 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Site Design: Section 60.400.070E Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 to the utility facility, upon obtaining a revocable permit.the risk of the property owner, provided they do not interfere with reasonable access re footings may be installed at ground pedestrian amenities that do not requi-Above c. ; andminimum planting requirement in that bufferyardthat any canopy tree installed in a required bufferyard shall count towards the , except , and FencesBufferyardsLandscaping, , Section 60.400.060requirements in the applicablein addition to This requirement is .20 lineal feet of walkwayper at the rate of one canopy treepedestrian walkways along Canopy trees incorporated b. ; concrete shall be providedor textured ,concrete, stained concrete, exposed aggregate, integral coloredPedestrian focal points with enhanced pedestrian paving such as decorative scored a. shall include: of gross floor areae feet 40,000 squar containing more thanindividual buildings s for Site Development Planor evelopments over one acre in size D Pedestrian Focal Points and Canopy Trees via a walkway to the building entrance.building entrance in an abutting parking area connected ithin 300 feet of a primary W b. or ;n proximity to a primary building entrance along a walkway adjacent to the buildingI a. :locatedmust be The transit stop .shall be designed to accommodate a public transit stopof gross floor area on an existing bus route square feet 20,000 aining more thancontindividual buildings s for Site Development Plan orevelopments over one acre in size D Public Transit Stops Trash and recycling containers shall be provided near high pedestrian traffic areas. d. .eto the maximum extent practicabl front of stores and tenant spacesn outer drive aisle shall be used to divert vehicular traffic away from the area in A c. concentrations of pedestrian traffic (i.e., near building entrances).incorporated in areas with highest Pedestrian safety improvements shall be b. Traffic calming design and devices shall be incorporated into the site design. a. .the following requirementsbuildings containing more than 80,000 square feet of gross floor area shall comply with PlanDevelopments over five acres in size and Traffic Calming, Circulation, and Trash Receptacles . of subsections 1) and 2) above requirementsscreening the location and are not subject tooccupants of the facility for use by the public or by waste and/or recycling receptacles Individual 213 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Site Design: Section 60.400.070E Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 be:recreation areas shall entertainment or At a minimum, ground level outdoor either passive or active recreation. may be used for they Usable recreation areas shall be improved so that General Requirements Usable Recreation Areas inrmissible Improvements Pe b. meet landscaped area requirements.may be used to , and FencesBufferyardsLandscaping, Section 60.400.060landscaped in compliance with the standards in is Usable recreation area that square feet, whichever is greaterMultifamily Dwelling use, or 240 % of gross floor area of 10 Five Units or More square feet, whichever is greater% of gross floor area of Multifamily Dwelling use, or 240 81 Four Units or Less Minimum Area Required Number of Units Minimum Usable Recreation Area Required 1-400.07Table .Minimum Usable Recreation Area Required 1-400.07Table welling multiplied by the applicable percentage in of the Multifamily DThe required square footage of usable recreation area shall equal the floor area another development.for one development may not be used to comply with the requirements for ion area required to comply with the requirements of this UDC Usable recreat area remains to comply with the requirements of this UDC. not be sold, subdivided, or otherwise developed unless adequate recreation Land designated as the required usable recreation area for a development shall designated recreation areas.provided in the identify the boundaries of the areas and the types of improvements to be Any application for construction or expansion of a Multifamily Dwelling use shall .Section 60.400.070E.8 purposes, subject to the standards in thisUsable recreation area may be developed for either active or passive recreation the residents of the development providing the usable recreation land.r the use of The usable recreation area provided shall be designed primarily fo General Requirements a. ., shall comply with the following standardsstandards subject to Multifamily Dwelling useis that with 7 or more residents Care Facility use or containing a Residential s, Multifamily Dwelling useEach development containing Usable Recreation Area 214 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Site Design: Section 60.400.070E Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 t inner block play areas for small children that are less than 30 feet, except thalocated in a contiguous portion of the site or lot and no dimension shall be If the required recreation area is less than 10,000 square feet, all of it shall be dimensional requirements.ea requirement shall meet the following to meet the usable recreation arGround level landscaped areas and adjacent public open space areas intended Dimensions major recreation area.integrated system leading to principal destinations such as a park, school, or 10 feet in width and is part of an Use Path is at least -if the Bikeway or Multifree manner, may be counted towards the usable recreation requirement -dustUse Paths located in the interior of a block, surfaced in a - or streams.nsist of water surfaces such as ponds, lakes, an adjacent public space may cohalf of the required recreation area provided at ground level or in -Up to one landscape area for the development.surfaces of such structures do not exceed 10 percent of the total required provided that the total impervious areacounted as usable recreation Separate, accessory recreational buildings at ground level may be (iii) development.Terrace areas that are open to the sky and accessible to all residents in a (ii) individual dwelling units.e that are provided for Exterior balconies at least 70 square feet in siz (i) requirement. areausable recreation The following types of spaces within a building may be counted towards the stands, or similar amenities that do not involve active team sports. lawn furniture, barbecue Paved or vegetated areas used for picnic tables, (iii) tennis courts, ballfields, swimming pools, and similar uses; orplay equipment such as swings, slides, sandboxes, basketball hoops, Improved for use as active recreation areas through the installation of (ii) n. Not include invasive species of vegetatio Provide ground cover to prohibit soil erosion; and and provide access to the natural area;pathways and/or sitting and observation areas developed to Provide Areas of natural vegetation must: . n its natural stateeither through seeding or sodding, or left i 60.400.060Section Improved with grass or other vegetation in compliance with (i) 215 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Site Design: Section 60.400.070E Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 .the SI districtin all districts except residential uses) -nonthose containing a mix of primary residential and .,use developments (i.e Mixed andand Industrial uses in all districts except the SI district; Commercial the SI district;ll districts except uses in a Public, Institutional, and Civic ; )1-Living use, as shown in Table 300.02would be exempt from these standards if they were occupied by a Household in structures that Residential Care Facilitiesfor except uses ;in all districtswellings dMultifamily .Allowed Uses Table 1-300.01Table categories of land uses refer to those shown in . All references to land uses or listed below in the zoning districts listed belowstructures occupied by the primary uses primary The following requirements apply to Applicability a. General Requirements Building Design F. feet on the usable recreation area.way with a frontage of at least 20 -of-eet rightmeans of a public or private strcommon lot lines, linkage by way of walkways or bikeways, or access by landscaped area or adjacent public space either through the sharing of Access must be available to usable recreation areas using common er of residents.readily accessible to the largest numbshould be centrally located or distributed throughout the development to be containing five acres or more, usable recreation areas s On development Location and Access and improved for passive recreational use.ignated The remainder of the area may have a slope of up to 25 percent if des less than 10 percent; andhalf of the required recreation area shall have a finished slope of -At least one usable recreation requirement shall meet the following requirements:o meet the Ground level landscaped areas and adjacent public spaces intended t Slope shall be provided.area of not less than 10,000 square feet with a minimum dimension of 50 feet , at least one areaFor every 20,000 square feet of required usable recreation 15 feet.square feet, the minimum dimension may be reduced to and a minimum size of 1,000 square feet. If the required area is less than 900 improved with play equipment shall have a minimum dimension of 20 feet 216 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 ound floor.the grand shall occupy at least 30 percent of each street facing façade area above each street facing façade area between three and eight feet above grade, percent of 30In residential uses on the ground floor shall occupy at least above each street facing façade area and shall occupy at least 30 percent of between three and eight feet above grade, area façade street facing each shall occupy at least 65 percent of on the ground floor -In non :area of ed glazthe D districts, -and MXT -the MX In required.that provide vertical articulation in addition to any articulation already the development provides architecturally significant window treatments nsparency requirement may be reduced by a maximum of 5%, if tra hisT street facing facades.-nonfaçade area between three and eight feet above grade, and 30 percent of the windows and doors shall occupy at least 40 percent of each street facing of area glazed the D districts, -T and MX-se districts other than the MXU ixedMIn .above grade feet and eight threefaçade area between facing street eachleast 30 percent of occupy at windows and doors shall area of glazedthe districts, ResidentialIn 0. 60. at leastof ) (VTration visible transmittance a shall achieve building that do not provide visibility into residential dwelling unitss of a primary façadeWindow glazing on the bottom two floors on street facing .shall not include reflective glassbuilding of a primary s façadecing n street faWindow glazing on the bottom two floors o Transparency d. facing building façade.-insulation finish systems (EIFS), or vinyl siding is prohibited on any streetThe use of asphalt shingles, imitation stone, imitation brick, stucco, exterior or wood.including but not limited to stone, brick, masonry, Primary buildings shall be constructed of high quality, durable materials Building Materials c. defined levels of articulation and use different combinations of the same materials. all building walls have s. A consistent architectural treatment is one wherefaçadeand visual interest and shall provide consistent architectural treatment on all building All sides of each primary building façade shall be designed to provide architectural Degree Architecture-360 b. 217 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 wnings (backlit, light showing through the material) are not permitted.awith a minimum vertical clearance of nine feet above the sidewalk. Glowing Awnings or canopies extending at least four feet beyond the building face Change in texture and/or masonry patterns; and/or six inches in depth;minimum of of wall plane that is a pilasters, cornices, and bays, and having a change Projections, recessions, or reveals such as, but not limited to, columns, feet:horizontal 0 6every incorporate two or more of the following elements for , regardless of exterior wall plane setback, shall façadeach e , standards.with the following that comply into a series of smaller horizontal componentss façade Primary buildings shall be designed to avoid blank wall planes by dividing Horizontal Articulation f. functions.impair their from any portion of these screening requirements that would Mounted Solar Collectors, and other alternative energy systems are exempt -Commercial Wireless Telecommunication Service equipment, Building wall.as the roof or the same color as an adjacent equipment shall be the same colormounted -To reduce visual impacts on abutting properties, the color of roof so that it is not visible from any residential use containing five or fewer units.ounted mechanical equipment shall be fully screened on all sides m-And; roof facing property boundary.-each streetlevel on -the mechanical equipment from all sides when viewed from ground building’s architectural design, with a parapet wall height sufficient to screen l or similar feature that is an integral part of the Screened by a parapet wal facing property boundary; or-from ground level on any streetIntegrated into the design of the structure so that the equipment is not visible mounted mechanical equipment shall be:-Roof Mounted Equipment Screening-Roof e. 218 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 ;thparapet lengof horizontal feet 20at least extending , vertical feet twoparapet height of at least a street facing A change in (i) :for every 60 horizontal feet least three of the following elementsover 120 feet must incorporate at with a horizontal length s façadelding buifacing -incorporate at least two of the following elements; and streetbetween 90 and 119 feet shall with a horizontal length s façadefacing -shall incorporate at least one of the following elements; streetbetween 60 and 89 feet with a horizontal length façadefacing treetEach s Long150 Feet han Ts Less FaçadeBuilding .developmentalong the frontage of the a better pedestrian orientated spaceall of the units, upon determination that an alternative design will provide waive this requirement for some or willCommunity Development Director direct access entries from the building exterior. The must providebuilding facing sides of the -al units along all streetAll ground level residenti Access for Ground Level Units building shall comply with the following standards.D districts, each street facing façade of each primary -T and MX-In the MX 219 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 following standards.T district shall comply with the -street facing façade of a primary building in the MXEach T District-Additional Requirements in the MX . , but may not extend to ground leveloni nt’s opt at the applicang façade iof the build rfloo stepback may apply to . The of that building façade along the entire lengthextending , sfurther from the street than the lower floor building façadefeet sixfaçade at least top floor of building the ofhorizontal setback A tepbackTop Floor S (ii) .Pedestrian Oriented Space, Section 60.400.040D.11.drequirement in pedestrian oriented space used to satisfy thebe mayfor surface parking but used forecourt shall not be eThthe forecourt. for accessing or viewing the building interior from , and shall including building wall plane, shall be open to the skymeasured inward from the primary be a minimum of 10 feet in depth horizontal feet of the building façade, shall 15extend along at least , which shall gathering spacewall plane recess creating a forecourt A Forecourt (i) below.listed t least one of the two design elementsshall incorporate aalignment) (regardless of changes in façade horizontal length over 150 feet building with a primary of a façadefacing above, each street Subsection aarchitectural elements from threeincorporating at least In addition to s 150 Feet or LongerFaçade Buildings .façadebuilding a street facingunits on dwelling residential Second (and upper) floor balconies on at least 50 percent of the (v) andappropriate building scale); least 20 feet in total (individual awnings may be shorter than 20 feet to fit tal distance of at Ground level arcades or awnings extending for a horizon (iv) façade height;inches wide, that have a height equal to at least 80 percent of the eightthe building façade plane, and at least least eight inches outward from,jections at , or proinches into eightt Vertically oriented recesses at leas (iii) facing building façade longer than 60 feet);-elements on any streetbuilding façade, but if so installed shall only count as one of the required (this element may be installed along the entire façadealong the building textending at least 30 horizontal feetall, and inches eight , at leastplanethe building façade , outward frominches eightat least cornices extending or or projections , inches into eightHorizontally oriented recesses at least (ii) 220 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 . provide deep shadow at ground levelntegrated covered walkways, trellises, or architectural awnings that I (iii) ; and/orby different materials, textures, or colorsanding or a wainscot treatment defined base architectural veneer bUse of (ii) Incorporation of low planters and walls; (i) of the following design techniques: one or more incorporateThe base shall , whichever is less.in height feet 40stories or threeThe base of a primary building shall not be more than Base . of the buildinginclude a clearly identifiable base, body, and top shall be designed to ten uildingrimary bEach p Vertical Articulation b. , and on upper floors shall be 12 feet. feet 31 shall becipal use of any prinof the ground floor height ceiling-to-floor The minimum Floor Height -to-Minimum Floor a. comply with the following standards:shall 60 feet in height -MXT, and -, MXD-Each primary building in the MX sDistrictI -and MX T,-, MXD-Requirements in the MX Additional the Community Development Director. , as determined by practicableextent maximumto the DMC Design Guidelinesapplicable the comply withshall D district -MXEach primary or accessory building within the D District-MXitional Requirements in the Add entrance and the street.pedestrian area located between the pedestrian -garage, parking lot, or a nonaccess to the adjacent sidewalk without requiring pedestrians to pass through a pedestrian entrance shall open directly to the outside and have direct Each required c. way.-of-facing that public right , with a common vestibulepedestrian entrancetenants may share a single commercial maximum of two abutting ground floor . As an exception to this standard, a streeteast one pedestrian entrance facing that lof frontage shall have at or more , each ground floor tenant space with 25 feet façadefacing on the street tenant spaces commercial floor -If there are multiple ground b. the pedestrian entrance shall face the front lot line.a street, facing have frontage t Ave., the required entrance shall face those streets. If the lot does no rd St. or 3 th 12/Collegeview Rd., .St th, 4.St nd If the lot has frontage on Broadway, 2 .façadefacing street Each primary structure shall have at least one pedestrian entrance on each a. 221 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 Distinct parapet designs and cornice treatments. orand/Change in roof height of at least two feet; plan of the roof by at least two feet;dormers that alter the vertical or horizontal and/or recessions,Projections, length without a visual variation that incorporates:horizontal hall exceed 50 feet in , no roofline sfaçade of the building top On each. buildinghighest occupied floor of the s’ option also include the façade of the applicantat the the ceiling plate of the highest occupied floor of the building and mayall portions of each building façade above The top of the building shall include Top feet. horizontal by at least 40from each other he base) each of the floorplates shall be separated floorplates rising from tbuilding more two or .,towers (i.eIf the body of the building includes ; andbuildingbase of the facing-streetback at least 10 feet from the edge of each Be set ; building20 percent reduction in floor area from the base of the Incorporate at least a shall comply with all of the following:. Each façade of the building body and the top of the buildingof the building baseinclude all floors of the building between the lding shallThe body of a primary bui Body 222 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Building Design: Section 60.400.070F Site and Building Design Section 60.400.070 Development Standards and Incentives: Chapter 60.400 sportation options and enhanced pedestrian safety;modal tran- pedestrians;between motor vehicles, bicycles, and Providing for safe and convenient interaction Providing necessary access for service and emergency vehicles; Avoiding and mitigating traffic congestion; and general welfare by:safety, the public health, parking and loading for different areas of the City and to help protectstreet -is intended to regulate the amount and design of off F.4.cSection 60.400.080 This Purpose A. TACKING S AND ,OADING L ,ARKING P Section 60.400.080 extent practicable.ximum of standards in Subsections 1, 2, and 3 above have been mitigated to the mathe waiver or adjustment adverse impacts on surrounding properties created by Any c. ; andabovebuilding design that complied with all applicable standards in Subsections 1, 2, and 3 a ,as well or better than it is located whereity or the neighborhood Cimage of the or will enhance the ,visual interestequal or better create The alternative design will b. ; andprimary use Public, Institutional, or Civicwill contain a , or , or will be highly visible due to its in a highly visible locationis primary structure The a. are met.ing criteria Director determines that the followif the for a single primary structure designapprov toadjust the building design standards in Subsections 1, 2, and 3 waive or willthe Community Development Director use, Public, Institutional, or Civic containing a or for a primary structure On development sites larger than five acres, Iconic Building Alternatives the building below the maximum permitted on that lot.that no required change shall have the effect of reducing the gross floor area of vided minimize or mitigate those impacts to the maximum extent practicable, promay require that building design features be added, deleted, or changed to , the Community Development Director study Based on the results of a required dow, or public safety impacts.adverse wind, sunlight/shacreate willbulk, length, location, or shape of the proposed development the Community Development Director determines that the proposed height, way, bicycle, and/or pedestrian facilities, at the applicant’s expense, if -of-rightsand shadow impacts on surrounding propertiesand/or , sunlight, studies of windrequire additional willeet in height, the City For new developments over 100 f Additional Studies c. 223 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.080A Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 .60.400.080FSection in accordance with The total number of spaces may be reduced b. uses. equal to the total of the requirements for allLots containing more than one use shall provide parking and loading in an amount a. Parking and Loading for Multiple Uses computation. thatin includedshall not be containing other primary uses within a building Garages arking P. or structure, as applicable use applicablethe gross floor area of the on based based parking and loading requirements shall be computed -footage All square Area Measurements Calculation of Parking and Loading Requirements D. Rochester Code of Ordinances.10 of the -Section 11the parking requirements in shall comply with usesResidential with Other City OrdinancesCompliance C. District.Campus Medical he Development in t c. .public sidewalkfrom the access direct pedestrian ingand provid ,public sidewalk aspace fronting building ground floor a occupying, no more than 2,000 square feet of floor areacontaining use Small Retail or , Neighborhood Retail,Personal ServiceBusiness or , d Food and Service, Standard RestaurantA Fast Food Restaurant, Neighborhoo b. .Section 60.400.080of this subject to the parking requirement aresquare footage increased buildingresulting in additions s existing square footage. Any square footage’expansion of the buildingthat does not involve any district Use Mixedin any adaptive reuse of a building The a. do not apply to: Section 60.400.080requirements of this The Exceptions .in this UDCotherwise specifically stated unless Section 60.400.080this of mentsrequirethe comply withshall ,January 1, 1992or use of land approved or erected after ,Any building, improvement General Applicability Applicability B. parking.concentrations of exposed Avoiding and mitigating the adverse visual impact of large ; andvarious land uses in different areas of the CityProviding flexibility to respond to the transportation, access, and loading impacts of 242 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Applicability: Section 60.400.080B Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 1.5 per DU 1 per DU 2 per DU 1 per DU Development 0.75 per DU Dwelling, Live/Work 4 BR unit or moreper 3 BR unit; 2 per per 2 BR unit; 1.5 1 per 1 BR unit; 1 0.5 per DU 1.5 per DU 0.5 per DU Dwelling, Multifamily 1 per DU 1 per DU FourplexDwelling, 1 per DU 1 per DU Dwelling, Triplex 1 per DU 1 per DU Dwelling, Duplex, Same Lot 1.5 per DU 1 per DU 1.5 per DU 1 per DU 1 per DU 1 per DU Home-Dwelling, Twin 1 per DU 1 per DU DetachedFamily -Dwelling, Single Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirement= square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or DU = Dwelling Unit; BR = Bedroom; Sq. ft. Minimum and Maximum Vehicle Parking Required 1-400.08Table .Maximum Vehicle Parking RequiredMinimum and , 1-400.08Table fthat complies with the requirements ostreet parking spaces -offa number of each development shall provide Unless otherwise provided in this UDC, Vehicle Parking RequiredMaximum Minimum and E. .Section 60.400.080F.9Management Plan in accordance with Establish the minimum vehicle parking requirement based on a Travel Demand c. demand data; orsource of parking resources published by the Institute of Traffic Engineers (ITE) or other acceptable Establish the minimum vehicle parking requirement by reference to parking b. Community Development Director); ification, or other factors determined by the the most similar related occupancy class(based on operating characteristics, that is deemed most similar to the proposed usefor the listed use 1-400.08Table parking requirement inApply the minimum vehicle a. requirements based on:shall determine minimum parking the Community Development Director Required,Minimum and Maximum Vehicle Parking , 1-400.08Table in listed For uses not expressly Parking and Loading for Unlisted Uses 225 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E StackingParking, Loading, and Section 60.400.080 Development Standards and Incentives: Chapter 60.400 No requirement No requirement Agriculture Production Agricultural and Animal Uses Commercial Uses 1 per 1,000 sq. ft. 5 per 1,000 sq. ft. 3 per 1,000 sq. ft. Specialized Education 2.5 per 1,000 sq. ft. Social Services greaterwhichever is classroom, per room, or 1main assembly School 1 per 4 seats 1 per 5 seats Place of Worship 1 per 3 beds 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. Medical Facility 3 per 1,000 sq. ft. 1 per 1,000 sq. ft. 4 per 1,000 sq. ft. sq. ft.2 per 1,000 Funeral Home 1 per 1,000 sq. ft. 5 per 1,000 sq. ft. 2.5 per 1,000 sq. ft. Emergency Service 1 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. Day Care Facility 5 per 1,000 sq. ft. 2.5 per 1,000 sq. ft. Correctional Facility 3 per 1,000 sq. ft. 2 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft. Community Center TDM Plan Required TDM Plan Required College or University Cemetery 1 per 800 sq. ft. (TOD) 1 per 700 sq. ft. Libraryand Art Gallery, Museum, Public, Institutional, and Civic Uses 1 per 3 beds 1 per 4 beds 1 per 2 beds 1 per 3 beds Residential Care Facility 1 per 4 beds 1 per 3 beds Housing Offender Transitional 1 per 2 beds 1 per 4 beds 1 per 2 beds 1 per 3 beds HomeNursing 2 per DU 1 per DU Medical Stay Dwelling Unit 1.5 per bed 1 per 3 beds 1 per 2 beds Dormitory 1 per 2 beds 1 per 3 beds 1 per bed 1 per 2 beds Group Living 1 per DU 2 per DU 1 per DU Manufactured Home Park Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirement= square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or DU = Dwelling Unit; BR = Bedroom; Sq. ft. Minimum and Maximum Vehicle Parking Required 1-400.08Table 226 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080 lopment Standards and IncentivesDeve: Chapter 60.400 1 per 100 sq. ft. ft.excess of 4,000 sq. 1 per 500 sq. ft. in ft.1,000 sq. excess of 1 per 600 sq. ft. in ServiceBusiness or Personal 1 per 500 sq. ft. ft.excess of 4,000 sq. 1 per 800 sq. ft. in ft.excess of 1,000 sq 1 per 600 sq. ft. in Art Studio and Workshop Office, Business, and Professional Services 250 sq. ft. 1 per 1 per 450 sq. ft. 1 per 250 sq. ft. 1 per 350 sq. ft. Standard Restaurant 1 per 300 sq. ft. ServiceNeighborhood Food and 1 per 2 guest rooms 1 per guest room 1 per guest room Hotel or Motel 1 per 250 sq. ft. 1 per 150 sq. ft. per 200 sq. ft.1 Fast Food Restaurant 1 per guest room 1 per 2 guest rooms room1 per each guest Bed and Breakfast 1 per 400 sq. ft. 1 per 400 sq. ft. Bar or Tavern Food, Beverage, and Lodging capacitybased on max persons 1 per 4 RecreationOutdoor Entertainment or capacitybased on maximum 1 per 3 persons Indoor Gun Range ft. excess of 4,000 sq. 1 per 500 sq. ft. in T -MX1 per 200 sq. ft. in ft. excess of 1,000 sq. 1 per 400 sq. ft. in RecreationEntertainment or Indoor 1 per overnight site Campgrounds or RV Park 1 per 6 seats T -MX1 per 4 seats in 1 per 6 seats Auditorium or Civic Center ft. excess of 4,000 sq. 1 per 500 sq. ft. in T -MX1 per 400 sq. ft. in ft. excess of 1,000 sq. 1 per 400 sq. ft. in Adult Entertainment Entertainment and Recreation spaces)excess of 4,000 sq. 1 per 500 sq. ft. in 2 per 1,000 sq. ft. Services Veterinary and Animal Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirement= square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or DU = Dwelling Unit; BR = Bedroom; Sq. ft. Minimum and Maximum Vehicle Parking Required 1-400.08Table 227 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 Processing, and Commercial ServicesManufacturing, Dispatch FacilityPublic Transportation vehicle storage)used only for indoor (excluding areas leasing space indoor sales or 1 per 500 sq. ft. of Leasing, or StorageMotor Vehicle Sales, Warehousing retail sales area1 per 400 sq. ft. of retail sales area1 per 250 sq. ft. of Fueling Station areaft. of retail sales plus 1 per 600 sq. plus 1 per 300 sq. Services, Major areaft. of retail sales plus 1 per 500 sq. plus 1 per 200 sq. Automotive Center Vehicles and Transportation 1 per 300 sq. ft. ft.excess of 4,000 sq. 1 per 500 sq. ft. in sq. ft.1 per 400 Retail, Large 1 per 300 sq. ft. ft.excess of 4,000 sq. 1 per 500 sq. ft. in T -sq. ft. in MXExcept 1 per 600 1 per 300 sq. ft.; Retail, Medium 1 per 500 sq. ft. 1 per 250 sq. ft. SmallRetail, 1 per 300 sq. ft. 1 per 300 sq. ft. 1 per 200 sq. ft. Retail, Neighborhood Retail Sales 1 per 1,000 sq. ft. 1 per 1,500 sq. ft. 1 per 1,500 sq. ft. Research and Testing 1 per 300 sq. ft. ft.of 4,000 sq. excess 1 per 500 sq. ft. in 1 per 400 sq. ft. 00 sq. ft.51 per Office ft.excess of 4,000 sq. 1 per 500 sq. ft. in 1 per 600 sq. ft. Financial Institution Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirement= square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or DU = Dwelling Unit; BR = Bedroom; Sq. ft. Minimum and Maximum Vehicle Parking Required 1-400.08Table 228 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 1 per 700 sq. ft. 1 per 500 sq. ft. Yard Contractor’s Office and use permitcase basis at -by-Determine on case use permitcase basis at -by-Determine on case Carnival or Festival Temporary Uses T-MX1 per 400 sq. ft. in 1 per 500 sq. ft. Sales OfficeResidential Management or 60.400.080L.3Section See in Facility-Drive Animal Husbandry Accessory Uses and Structures Sand or Gravel Excavation Quarry Landfill Resource and Extraction parked on sitenormally stored or 1 per vehicle 1 per 700 sq. ft. plus the sitenormally stored on plus 1 per vehicle 1 per 1,200 sq. ft., the sitenormally stored on plus 1 per vehicle 1 per 1,200 sq. ft., storage unitsper 5 indoor 1 storage units1 per 10 indoor storage units1 per 10 indoor FacilitySelf Service Storage Junkyard Storage and, Distribution, and Wholesaling 1 per 1,000 sq. ft. ft. plus 1 per 1,000 sq. 2 per repair bay ft. plus 1 per 600 sq. 2 per repair bay ShopRepair and Maintenance 1 per 700 sq. ft. 1 per 1,000 sq. ft. 1 per 1,000 sq. ft. Recycling Transfer Facility 1 per 1,000 sq. ft. 1 per 1,200 sq. ft. 1 per 1,000 sq. ft. Light Industry 1 per 1,000 sq. ft. Heavy Industry 1 per 1,000 sq. ft. ServicesHeavy Commercial 1 per 700 sq. ft. ft. excess of 4,000 sq. 1 per 500 sq. ft. in ft. excess of 1,000 sq. 1 per 400 sq. ft. in Artisan Manufacturing Maximum Minimum Maximum Minimum D District-MX D District-All Districts Except the MX Use Use Not Listed = No Requirement= square feet of enclosed gross floor area (unless stated otherwise); Blank Cell or DU = Dwelling Unit; BR = Bedroom; Sq. ft. Minimum and Maximum Vehicle Parking Required 1-400.08Table 229 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Vehicle Parking RequiredMinimum and Maximum : Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080 tivesDevelopment Standards and Incen: Chapter 60.400 the additional uses.for , Minimum and Maximum Vehicle 1-400.08Table as shown in largest parking requirements and then adding the required parking to the two uses with the lowbe Shared Parking Reduction 2-400.08Table applying two uses share a parking lot or structure, the required parking shall be calculated by . If more than Shared Parking Reduction 2-400.08Table combination of uses shown infor that sum of the two parking requirements for the two uses divided by the factors street parking required shall be the -uses of land are sharing the parking, the total offIf only two primary below. Shared Parking Reduction 2-400.08Table be reduced by the may , , Minimum and Maximum Vehicle Parking Required1-400.08Table shown instreet parking requirement for those uses -, the total offGarageor LotParking share a Allowed Uses Table 1-300.01Table Where two or more uses listed in Parking Shared T. -street parking spaces for all uses may be reduced up to 20% when - T-MXMinimum Parking Reduction for Uses Located in the Planning Commission.reviewed by, and may be approved by, the based on a TDM Plan, which shall be adjustments , except for administrativelyAll listed adjustments may be approved d. Parking Required.Vehicle Minimum and Maximum , 1-400.08Table minimum amount required by 4shall not be reduced by more than Allowed Uses Table 1-300.01Table not listed as residential land uses in land usesany parking spaces for street -Regardless of which adjustments in this Section are applied, required off c. Minimum and Maximum Vehicle Parking Required., 1-400.08Table by requiredshall not be reduced by more than 20 percent of the minimum amount ,TableAllowed Uses 1-300.01Table as shown in , esidential usesRparking spaces for street -required off ,are appliedRegardless of which adjustments in this Section b. .Section 60.400.080Fin accordance with this ed be adjustshall Required, and Maximum Vehicle Parking Minimum, 1-400.08Table spaces required by street parking -the required off ,Section 60.400.080FUnless stated otherwise in this a. General AdjustmentsParking Minimum F. 230 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minimum Parking Adjustments: Section 60.400.080F Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 parking is located.street -residential use requiring off-on the property line of the lot where the nonoperty line of the lot where the Parking Garage is located to the nearest point the pr, as measured from the nearest point on Parking Garage500 feet of a publicly owned residential use is on a lot that lies within -percent if the new non 10be reduced by residential use may -street accessory parking spaces for any non- In a Garage b. street parking spaces.-as all or part of the required offstreet parking may count the adjacent metered on street spaces -that must provide offresidential land use -property line of the zoning lot for a new develstreet parking spaces lying adjacent, in whole or in part, to the -Public, metered on Street Parking Spaces-On a. Public Parking Availability Reduction of visitors to the dwelling units must be street parking space for the use-at least one offstreet parking, -For every 10 dwelling units that receive the exemption from providing offfor dwelling units during the period of time the student residency restriction is in effect. street parking -vide offwithin the municipal boundaries of the City are not required to proand occupancy of students of an accredited educational facility with a physical campus Dwelling units in a new residential development that are restricted solely to the residency Reduction 1.0 1.2 1.7 1.5 1.3 Other Commercial 1.0 1.3 1.3 1.2 Retail 1.0 1.2 1.1 or LodgingIndoor Entertainment, Food, Beverage, 1.0 1.1 CivicPublic, Institutional, or 1.0 DwellingsMultifamily CommercialOther Retail or Lodging, EntertainmentIndoor Beverage, Food, or CivicInstitutional, Public, DwellingsMultifamily Property Use .shown below and divide by the factorsMinimum and Maximum Vehicle Parking Required, , 1-400.08Table in dd the requirements A Shared Parking Reduction 2-400.08Table 231 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minimum Parking Adjustments: Section 60.400.080F Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 national Council of Shopping Centers, the American Planning Association, or Interrecommendations of the Institute of Traffic Engineers (ITE), Urban Land Institute, the The TDM Plan shall estimate parking demand for the proposed use based on the Standards c. .Section 60.400.080F.9 floor area or as otherwise stated in thismay require a TDM Plan for new developments with over 25,000 square feet gross pplicants may submit a TDM Plan for any new development in any district. The City A Applicability b. street parking or loading standard.-specify a single offwidely varying parking and loading demand characteristics that make it difficult to A Travel Demand Management (TDM) Plan allows flexibility for uses that have Purpose a. Management PlanTravel Demand have pedestrian access from the street.reduce their parking requirement by 10 percent. The use must front a public street and Food Restaurant, Neighborhood Food and Service, or Standard Restaurant use may oor Retail Sales type use or a Fast fl-use developments that include a ground New mixed Ground Floor Retail Development Reduction there are no more than 75 residential dwelling units per shared vehicle.requirement for a Residential use may be reduced by an additional 20 percent provided ing with an established procedure for private use by residents, the minimum parksite -residential development. Where one or more passenger vehicles are available ongranted if a shared or community vehicle is available for use by residents of a new aces may be -A reduction in the number of required Residential off Shared Car Reduction .way-of-in the public right and locatedon the site are detached from the principal structurethat shall not be awarded for reduction is. Thtransit use in the Citythat will promote in a location development, adequately designed, sheltered transit stop within the ndevelopment provides anew Public Works Director determines that reduced by ten percent if the uses may be residential-nonstreet parking spaces for -offd requireThe number of Transit Improvement b. within 660 feet of a signed bus stop or bus shelter serving a weekday bus route.reduced by 10 percent if the lot where the new residential development is located is treet parking spaces for residential uses may be s-The number of required off Transit Proximity a. Related Reductions-Transit 232 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minimum Parking Adjustments: Section 60.400.080F Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 per dwelling unit 10. per dwelling unit 2.0 units 51+ units 50-0 Multifamily Dwelling per dwelling unit 25.0 unitdwelling per .10 Family Detached Dwelling-Single Requiredes SpacSpillover Parking Residential Use Parking Requirements Visitor 3-400.08Table approval. PlanDevelopment Site , and all other developments shall be reviewed during approvalduring the subdivision requirementsAll proposed subdivisions shall be reviewed for consistency with these the original development. , or in parking bays designed as part of eParking Lot or Garag sharedtype of permitted street, in any -street, off-parking may be provided on equired visitorR. RequirementsParking Visitor 3-400.08Table requirements in based on the each dwelling unit street parking for -parking in addition to the required offvisitor , shall provide DwellingsMultifamily /orAttached and and Family Detached-Singlecontaining any combination of developments ew D districts, n-, and MXT-2x, MX-xcept the Ring districts eIn all zon Parking Visitor H. parking spaces.the conforming because of -not be considered nonall available parking spaces and shall useare permitted to continue to legally Required, Minimum and Maximum Vehicle Parking , 1-400.08Table in maximum number specified street parking spaces than the -having more off January 1, 2023as of Uses in existence w private development.parking in a parking structure built as part of a neredevelopment plan or where the City has by agreement secured spaces for public is proposed as a replacement for existing public parking removed as part of a may be allowed where public parking ,RequiredMinimum and Maximum Vehicle Parking , 1-400.08Table The provision of parking spaces beyond the maximum specified in Parking AdjustmentsMaximum G. e.abovinformation contained in the TDM Plan, subject to the limitation in Subsection 1.b as adjusted by any other provisions of this UDC, based on Parking Required, Minimum and Maximum Vehicle , 1-400.08Table and maximum parking standards inall review each TDM Plan and may adjust the minimum The Planning Commission sh Procedure d. uses of comparable activities, scale, bulk, area, and location.other acceptable sources of parking demand data for uses and/or combinations of 233 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Adjustments Maximum Parking: Section 60.400.080G Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 1.9 55 20 47 12 17.6 45° 1.3 50 20 41 11 15 30° ReductionOverhang Way Aisle-from TwoAccessed Parking Two Rows of WidthModule Way -Two Way Aisle-from OneAccessed Parking Two Rows of AisleWay -One Stall Length Angle (in feet) Parking Dimension Requirements 5-400.08Table Section.unless specifically stated otherwise in this Dimension RequirementsTable 400.08 5 Parking imensions shall meet the requirements of d space Parking c. sidewalk that is at least six feet in width.ted adjacent to a landscaped area or The front of the parking space is loca andAny raised curb in the overhang areas is no more than four inches in height; provided that:, 5-400.08Table in shownto the extent parking space overhang the requiredallowing the front of vehicles to The length of a parking stall may be reduced b. euverability.out for turnaround man-All parking aisles shall terminate with a bump a. following dimensional standards.site parking and maneuvering areas shall be constructed according to the -All on Dimensions of Parking Spaces and Drive Aisles International Building Code (IBC).The number and design of accessible parking spaces shall be pursuant to the Accessible Parking of Vehicle Parking and Location Design J. 50% 150 and more 40% 149-100 30% 99-5 SpacesMaximum Percentage of Small Car Total Space Required Small Car Percentage 4-400.08Table .PercentageSmall Car 4-400.08Table may be designed and marked for small cars according to In any Parking Lot or Garage providing over five spaces a percentage of the total spaces Small Car Percentage I. 234 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Small Car Percentage: tion 60.400.080ISec Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 residential use.-D districts may be provided within 500 feet of the site containing the non-MXT, or -I, MX-to 25 percent of required parking for a residential use in the MX Up site employees.-arranged for use of onc transit or private shuttle are facility where connecting service by publiat a remote park and ride T area-D or MX-MXaccommodated outside the site or -site businesses may be provided on-Parking for employees of on D-10 (ii) T or;-600 feet in the MX (i) ;Parking for customers, visitors and patrons may be provided within site. 00 feet of the for residents or employees may be provided within 6 arkingP D districts;-T and MX-In the MX except that:principal use and loading shall be located on the same lot as the street parking-Required off c. adjacent street frontage.front building façade and the parking areas shall not be located between the street -district, offMixed Use esidential and Agricultural and R anuses in For all other b. prohibited. located in a permitted driveway parking area, are, and that are not located between the building façade and the front lot linethat are arking spaces P driveway.street parking areas shall be located in a garage or on a -, offin all districts nd Same Lot Duplex Dwelling uses-For Single a. Location . nspedestriawith Vehicular entrance drives shall be located and designed to minimize interference b. and movement through the interior of the lot. shall be designed to ensure safe and easy ingress, egress, A Parking Lot or Garage a. Access 2.6 59 23 56 20 18 90° 2.2 59 21 51.6 13.6 19 60° ReductionOverhang Way Aisle-from TwoAccessed Parking Two Rows of WidthModule Way -Two Way Aisle-from OneAccessed Parking Two Rows of AisleWay -One Stall Length Angle 235 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location of Vehicle : Section 60.400.080J Parking, Loading, and Stacking 0.400.080Section 6 Development Standards and Incentives: Chapter 60.400 facility on the lot.in depth, one story above the sidewalk grade, and at least as wide as the parking is separated from the street property line by a principal building that is at least 15 feet A parking Lot or Garage is not considered to be abutting a street frontage if it below. s”street “ not abut allGarage shnew or expanded Parking Lot or T district requirements, a-MXany Notwithstanding g. and landscaping. ,buffering, screeningsetback, of the principal building on the lot and subject to any other identified design features, street lot line when situated behind the rear wall (or parallel extension thereof) -sidemay front along the Parking Lot or Garage ty lines. A portion of the street proper-sidebe located to allow the principal building to be built to both the front and mustparking is situated on a corner lot, the Parking Lot or GarageIf the principal building and f. .side wall of the principal buildingareas) measured from the feet in width (not including any required landscape bufferlocated to one side of a principal building shall be no more than 60 Lot or Garage Parking building, the parking may be located to one side of the principal building. A to the rear of the principal Parking Lot or Garage If is not feasible to locate the e. .of the principal building façadeprincipal building behind the front or if constructed as part of the the principal building with access from an alley arking shall be located at the rear of cessory pcTo the maximum extent practicable, a d. residential land use.-street parking for the exclusive use of the applicant’s residential or non-offabove, the applicant shall provide to the City evidence of the availability of the ing pursuant to Subsections 1 or 2 site park-As a condition of approval of off .D District-Location Requirements in the MX ,Section 60.400.080J.5D district shall comply with -Parking locations for the MX .residential use-containing the nonmay be provided within 600 feet of the site D district -district other than the MX in anyresidential use -street parking for any non-Up to 50 percent of required off 236 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location of Vehicle : Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 district.D -D district may not be constructed in the MX-organizations in the MXsite contract parking of employees of businesses or -Private parking facilities for off c. site employees.-transit or private shuttle is arranged for use of onconnecting service by public use is located at a remote park and ride facility wheresite or accommodated outside of the immediate area where the -may be provided onsite businesses -term, low turnover users such as employees of on-Parking for long b. site from the primary use.-rovided offcustomers, or patrons may be pParking for residents and short term, high turnover users such as visitors, guests, a. D district.-The following additional location requirements apply in the MX D District-Location Requirements in the MX 237 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location of Vehicle : Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 Water drainage from a Parking Lot shall not flow across a sidewalk. c. Works Director.and Public Community Development Director the and water quality subject to approval by infiltrationOther combinations of best management practices for stormwater shall be installed; orsuch as culvert outfalls, bioretention basins, or vegetated swales ts Treatmen total Parking Lot area; practice employed from this list, then they shall cover at least 25 percent of the Permeable pavement materials shall be installed. If such materials are the only quality:used to improve stormwater infiltration and water management practices shall beall new Parking Lots containing 12 or more spaces, the following best For b. . capd, island, or enbump outlandscape constructed such that all surface water is directed into a Parking Lots shall be a. Stormwater Drainage property. room for the shrubs to grow on thearea between the driveway and the side lot line to allow with a minimum of five shrubs meeting the requirements of this UDC. There The space is landscaped along the side away from the established driveway wider driveway approach. Access to the space is from the driveway and not the result of a separate or ace does not cover more than 20% of the front yard or side The parking sp of the dwelling located upon the lot.The space is not in that part of the required front yard or side street yard in front paved tracks separated by a grass strip).(excluding gravel), concrete, bituminous, and Hollywood driveways (parallel The space is covered by pavement. Paving may include impervious surfaces conditions are met:One additional space may be provided outside of the driveway if the following c. provision of this UDC. street parking spaces that meet the -d to a garage or to offdriveways must leaIn the required front yard or side street side yard on an established driveway. All b. In a side yard if the yard is at least eight feet in width and the parking area is paved. a. Additional Driveway Parking in Residential Districts 238 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parkingn of Vehicle Design and Locatio: Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 eachdistance of 22 feet from horizontal designed so that a minimum and shall beground floor frontages of Parking Garages shall have a minimum height of 12 feet treet facing parking uses, s-In order to allow for possible future Height and Depth Requirements a. design standards apply to Parking Garages in all districts.additional The following Parking Garage Design Requirements .electric vehicle charging station“Level 2” itted with a standard Outf c. vehicles; and Signed in a clear and conspicuous manner indicating exclusive availability to electric b. Located on the same lot as the principal use; a. spaces. The electric vehicle parking space shall be:count toward the maximum allowed number of parking vehicle parking spaces shall maximum allowed number of parking spaces. The provision of four or more electric provision of three of fewer electric vehicle parking spaces shall not count toward the vehicles for every 25 parking spaces provided on site. The space dedicated to electric Parking areas with more than 50 parking spaces shall provide a minimum of one parking Electric Vehicle Charging .way-of-adjacent street rightshall be completely shielded from view by persons standing anywhere within the arageGor Lotarking PThe light source of the luminaires used for interior lighting in a c. at the property line. candle-footwith a maximum permitted illumination of one ll be 18 feet luminaires. If pole mounted, the maximum height of the luminaire shacutoff -full useshall Parking Lot or Garage Any exterior lighting provided for a b. residential uses) in all districts except the SI district-noncontaining a mix of primary residential and use developments (i.e., those Mixed Commercial and Industrial uses in all districts except the SI district; and Public, Institutional, and Civic uses in all districts except the SI district; ; Allowed Uses Table 1-300.01Table Living use, as shown inwould be exempt from these standards if they were occupied by a Household roup Living uses except for Residential Care Facilities in structures that All G Multifamily Dwellings in all districts; .Uses TableAllowed 1-300.01Table categories of land uses refer to those shown in land uses or erences to parking facilities in the zoning districts and for the uses listed below. All refThe following requirements apply to Parking Lots, Parking Garages, and accessory a. Lighting 239 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location of Vehicle : Section 60.400.080J , Loading, and StackingParking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 Interim Use Permit., LSection 60.500.040Naccordance with in ur parking spaces, unless the conversion is approved as an interim usethan foay not be converted to a commercial parking facility with more , mSection 60.400.080this to comply with treet parking spaces no longer needed s-Excess, existing accessory off District.way in any Agricultural or Residential -of-shall not be stored or parked on any public rightAutomotive vehicles or trailers without current legal license plates or that are inoperable completely enclosed building.in a unless Residential District or Agricultural in any Parking Lot shall not be stored or parked in any Automotive vehicles or trailers without current legal license plates or that are inoperable or the commercial repair of vehicles.pen storage of goods street parking shall not be used for the o-Areas designated for off .Section 60.400.080consistent with the requirements of this ntained for such use street parking shall be permitted only in areas designed and mai-Off available.street parking is -the site layout in relation to the new use to ensure adequate offWhen a change in use is proposed, the Community Development Director shall review capacity. inspection when a use or structure is first occupied, enlarged, or increased instreet parking shall be improved and available for use at the time of final building -Off of Vehicle Parking Use K. ., and FencesBufferyardsLandscaping, , tion 60.400.060SecStandards on Parking Lot landscaping can be found in Parking Lot Landscaping area.third of the depth of the parking lot -arking area a minimum of oneshall extend into the psite parking areas at a rate of one per 250 feet of building façade and -extended into ongreater, walkways from building entrances or sidewalks adjacent to the building shall be ing customer or patron access is 400 feet in length or Where a building façade provid Pedestrian Walkways portions of vehicles are not visible from adjacent public streets.lower that so in height building materials as the primary structure and not less than three feetscreening devices constructed of similar other by partial walls, windows, orvehicles screen shalls above the ground floor of a Parking Garage façadefacing -Street Upper Floor Screening b. to access parking spaces.aisles required drivingfacing façade is not occupied by structural columns or -street 240 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Use of Vehicle Parking: Section 60.400.080K Parking, Loading, and Stacking Section 60.400.080 ards and IncentivesDevelopment Stand: Chapter 60.400 .Stacking Space RequiredMinimum Vehicle 7-400.08Table niindicated site stacking spaces-number of onthe minimum through shall provide-entry gate, guard house, or drive All uses with an a. king AreascVehicle Sta .revocable permit approval of a City without prior purposesway shall not be used for loading and unloading -of-State and City streets or rights d. .up locations-off/pick-patron dropsite -ondesignated or with t oLarking Pshall not interfere with shberths and access routes to loading bertLoading c. visibility from public streets and windows of neighboring buildings will be minimized.street loading spaces may occupy all or any part of a required rear yard where -Off b. required street side yard.in any front yard or in any locatedstreet loading spaces shall not be -Required off a. Loading AreasSite -OnLocation of high14 feet wide x 50 feet long x 14 feet 100,000 sq. ft.every 100,000 sq. ft. beyond the first for 2, plus 1 additional loading berth 100,000 and More 12 feet x 50 feet 2 100,000 -- 30,000 10 feet x 25 feet 1 29,999 -- 10,000 N/A None Less than 10,000 RequiredSize of Each Loading Berth RequiredNumber of Loading Berths Gross Floor Area in Sq. Ft. Street Loading Berths-Required Off 6-400.08Table .Section 60.400.080 thisrom those otherwise required by or f Street Loading Berths-Required Off 6-400.08Table vehicle loading operations of the proposed use differ from the standards in emonstrating that the Director based on information provided by the applicant dVariations from these standards may be approved by the Community Development d. access drives intersecting with a street. A minimum stacking distance of 40 feet shall be provided at all ingress/egress c. 40 feet.shall be berth to access a loading The minimum turning radius for truck traffic areas b. .Loading BerthsStreet -Required Off 6-400.08Table shall meet the requirements of berthsLoading a. Number and Size of Loading Berths Required Loading and Stacking Areas L. 241 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Loading and Stacking Areas: Section 60.400.080L Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 Minimum Parking Adjustments., 60.400.080FSection reductions are permitted based on any approval granted through are required, and no parking spacesbicycle minimum of 10 . Afor the first 50 vehicle spaces, and then at a rate of one per 20 vehicle Required, Minimum and Maximum Vehicle Parking , 1-400.08Table as shown in use(s) required for the proposed land rate of one bicycle space per 10 vehicle spacesmore than 80,000 square feet of gross floor area shall provide bicycle parking at a buildings containing Site Development Plan or T districts,-and MXD -, new or expanded developments in the MXDevelopments over five acres in size b. .required spacesbicycle parking with a minimum of 10 Minimum Parking Adjustments, , Section 60.400.080Fany reductions permitted or approved by without Required, Minimum and Maximum Vehicle Parking , 1-400.08Table as shown in use(s) for the proposed land required per 10 vehicle spacesbicycle space rate of one more than 40,000 square feet of gross floor area shall provide bicycle parking at a s for individual buildings containingSite Development Plan or, sdistrict T-and MX D-Developments over one acre in size, new or expanded developments in the MX a. Minimum Amount Required amount specified below.ation does not warrant the bicycle parking in the a particular use, project, district, or locwaive or adjust the requirements of this subsection if willCommunity Development Director The s for individual buildings containing more than 40,000 square feet.Development PlanSite ornts over one acre in size applies to developme Section 60.400.080M This Bicycle Parking M. has agreed that use of streets in the area for stacking is suitable.the Road Authority of the seating area (assuming four persons per vehicle), unlesspercent of the number of vehicles anticipated at full capacity threesite parking shall provide stacking space for inbound vehicles equal to the area -onsuch as stadiums with usesRecreation Outdoor The site design for d. off areas.-up/drop-, or patron pickuse paths, sidewalks-multiaisles, streets, bikeways, parking in maneuvering into parking spaces or traffic flow with ence designed and locatedshall be Required parking spaces c. , as applicable.StandardsProtection Neighborhood, Section 60.400.020FStacking spaces shall comply with b. Spaces 3 2 Spaces Other Uses Spaces 3 2 Spaces Financial Institutions Spaces 5 3 Spaces UsesBeverage, and Lodging Food, Spaces 5 3 Spaces All Other Areas D Districts-T and MX-MX Use Minimum Vehicle Stacking Space Required 7-400.08Table 242 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Bicycle Parking: Section 60.400.080M Parking, Loading, and Stacking Section 60.400.080 Development Standards and Incentives: Chapter 60.400 and ;street parking of passenger vehicles and pickup trucks-ffO e. gricultural materials and equipment, if intended for use on the property; A d. ;premisesping materials and equipment currently being used on the onstruction and landscaC c. ;ecreational equipmentR b. ;aundry dryingL a. :kept in good orderscreened so as not to be visible from adjoining properties, except for the following when and equipment shall be stored within a building or be fully ,materials, machineryAll designed for such purpose. or garbage shall be kept in an enclosed building or closed container , Agricultural and Residential districts.to all apply The following requirements strictsAgricultural and Residential Diements in Requir B. .way-of-rightsadjacent properties or adjacent public or equipment can have when viewed from ,storage of trash, merchandise, materialsis to regulate the visual effect that uncontrolled Section 60.400.090this of The purpose Purpose A. TORAGE S XTERIOR E Section 60.400.090 way.-of-required usable recreation areas, private streets, or public rightsencroach over sidewalks, walkways, required open space, required landscape areas, as shall be sized and designed so that locked bicycles do not Bicycle parking are c. permanently attached to the pavement.permanent construction such as heavy gauge tubular steel with angle bars wheels to be securely locked to the parking structure. The structure shall be of esigned to allow the bicycle frame and both Bicycle parking facilities shall be d b. connected to a primary building entrance via a walkway. a walkway adjacent to the building or within an abutting parking area where Bicycle parking shall be located within 100 feet of a primary building entrance along a. Bicycle Parking Location, Design, and Circulation owner of the bicycle.tected from the weather in which the bicycle may be locked by the procontainer or structure located outside that structure but in an enclosed to tenants and occupants of the building and not to the general public, or is provided, in an area of that building that is secured or generally accessible or which the parking is the primary structure containing the primary use fe term space is one that is located insid-term spaces. A long-shall be longparking spaces, at least 10 percent of the required bicycle parking spaces cle ns a or b require the provision of more than 20 bicyWhen Subsectio c. 243 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.090A Exterior Storage Section 60.400.090 Development Standards and Incentives: Chapter 60.400 y ropertcandle one footoperty line shall not exceed illumination at the prglare from spilling over onto adjacent residential properties. The maximum permitted fields, and tennis courts. Lighting for these uses shall be shielded to prevent light and ball diamonds, playing to do not apply Section 60.400.100The requirements of this Exceptions specifically stated otherwise in this UDC. unless Section 60.400.100shall meet the requirements of this ll uses in all districtsA General Applicability Applicability B. inimize disturbance to sensitive plants and animals.M d urtail the degradation of nighttime visual environment; anC nighttime safety, security, and enjoyment of property; Maintain ;light pollution, glare, and light trespass einimizM educe excessive and unnecessary use of lighting; R intended to: are further . The standardsand welfare by permitting reasonable uses of exterior lighting, safety, healthprotect and promote the public is to Section 60.400.100this The purpose of Purpose A. IGHTING L TERIOR X E Section 60.400.100 to; firewood, lawn care products, propane, road salt, and sand.they do not face a Residential district or Residential use. This includes but is not limited re exempt from screening requirements, provided Outdoor storage of items for sale a .when adjacent to or abutting a residential districtsale items, are prohibited -All outdoor storage and outdoor equipment, except for for .way-of-rightsproperties and or landscaping from adjacent ,permanent fence, wallshall be aesthetically screened by a All outdoor storage or containers shall be placed on a hard surface such as concrete and enclosed building.N zoning district trash shall be stored within an -residential uses in the MX-For non .Development PlanSite on the shownset aside for trash storage and adequate outside area shall be an within a structure, or enclosedtorage shall be sTrash districts. Residential-NonMixed Use and The following requirements apply to all Districts Residential-NonUse and Requirements in Mixed C. he storage of firewood. T f. 244 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Residential Districts-Requirements in Mixed Use and Non: Section 60.400.090C Section 60.400.100 Development Standards and Incentives: Chapter 60.400 source is completely light be designed so that the light bulb, lamp, or must line is viewable at the property thatres that illuminate a window area iAll internal lumina a. Internal Lighting .Use Trails-Walkways, Sidewalks, Bikeways, or MultiLight sources or luminaires shall not be located within bufferyards except along Location foot candles. not exceed 15 must The maximum illumination at any one location on the property c. .the light sourceat not exceed 5,000 lumens as measured must The maximum intensity per light pole b. light source. not exceed 50,000 lumens per acre as measured at the mustThe total light output a. Intensity lazed tiles, or other materials that would result in reflective glare. metals, highly gcombined with or mounted near any reflective materials such as mirrors, shiny not be mustWhen neon lighting or exposed strip lighting is used for any purpose, it d. esidential district. Rprohibited in or adjacent to any is service canopies detail, or used to illuminate, outline, or to outline or detail buildings, windows, or doorsNeon lighting and exposed strip lighting used to illuminate building facades, or used c. Aviation Administration. Federalunless required by the is notTower lighting b. .prohibited is tsor flashing ligh ,lickeringLaser, strobe, f a. Prohibited Lights General Requirements E. luminaire used.for the type of Section 60.400.100this the maximum permitted illumination specified in with the same sources off. The difference between the two readings shall be compared to reading. Measurements shall be made after dark with the light sources in question on, then onstant as been exposed long enough to provide a chshall be taken only after the cell than six inches above ground level in a horizontal position at the property line. Readings Lighting levels shall be measured in foot candles with a meter sensor mounted not more easurementMMethod of D. .Lighting, SectParking Lots and Garages shall comply with applicable standards in GaragesLighting for Parking Lots and C. Residential district.-property is located in a Mixed Use or Nonthe abutting if candles foot twois located in a Residential district, and shall not exceed 245 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Lighting for Parking Lots and Garages: Section 60.400.100C Section 60.400.100 Development Standards and Incentives: Chapter 60.400 permittedNot permittedNot feet 15 permittedNot permitted Not footcandles 0.2 \[1\] degrees than 90Cutoff angle greater permittedNot permittedNot feet 01 permittedNot permittedNot 3,000 Kelvin footcandles 0.2 \]1\[ No cutoff DistrictResidential -Non DistrictMixed Use DistrictResidential or Agricultural DistrictResidential -Non DistrictMixed Use DistrictResidential or Agricultural Maximum Height Maximum Illumination LuminaireType of Cutoff on Maximum Permitted Illumination and Height 1-400.10Table .Illumination and HeightMaximum Permitted 1-400.10Table Exterior lighting shall meet the requirements of Maximum Permitted Illumination and Height G. .from vertical) degrees(90 at parallel to the groundinstalled must be uminairesmounted l-All wall, canopy, and pole Luminaire Mounting F. of the nearest traveled way., if no curb exists, from the edge the street adjacent to the nearest street of the triangle orany Visibility Triangle. Vertical measurement shall be made from the top of the curb on above curb grade in between three and six feetobscuring or partly obscuring lighting -ere shall be no sightIn any district that requires a front or side street building setback, th Visibility Triangle better.candles at ground level with lighting level uniformity, average to minimum, shall be 2:1 or foot -oriented lighting providing at least four-nted pedestrianmou-site or building-On Oriented Lighting-Pedestrian security purposes may be left on beyond the normal hours of operation.except that a minimum level of lighting for Specific Standards, -Use ,Section 60.300.020 ve the same hours of operation as the use itself as stated inxterior lighting shall obserE of Operation sHour above grade.at a point five feet measured direct view of an observer standing at the property line source is completely shielded from the light designed so that the light bulb, lamp, or be must ,000 lumens,greater than 1 with a light intensityviewable at the property line res that are ill internal luminaresidential use, a-On each property with a primary non c. .Illumination for windows shall not exceed 2,000 lumens b. point five feet above grade.at a measured ine shielded from direct view of an observer standing at the property l 246 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Luminaire Mounting: Section 60.400.100F Section 60.400.100 Development Standards and Incentives: Chapter 60.400 court decisions.applicable es, or t, statuconstitutions ederalf tate ors based regulation of sign messages prohibited by-in any form of contentdecisions regarding free speech in the context of regulation of signs, and not to engage court ederalstate and fmply with all applicable laws, statutes, regulations, and oC and ; land useszoning districts and ,to the use, locationstandards related by establishing minimum ssign impacts of theand for signs s alance the needB ; within the Cityand the neighborhood character reserve property values P ;, bicyclists, and pedestriansfor driversobstructions and distractions Minimize City;of the romote and preserve aesthetics and to allow citizens to enjoy the natural scenic beauty P :to standards are further intended se. Theand display of devices serving as visual communications media ,and procedures governing ,lationscomprehensive standards, regu establishing bythe City of welfare, and safety ,is to promote the public health Section 60.400.110this The purpose of Purpose A. IGNS S Section 60.400.110 the luminous flux of the lamp or lamps in the luminaire.of percent 10 must not exceedvertical at or above a vertical angle of 80 degrees above is zero, and the maximum luminous intensity (in candelas) verticalof 90 degrees above ngle For all luminaires, the maximum luminous intensity (in candelas) at or above any a grade.source is completely shielded from the direct view of an observer standing at the property line at a point five feet above ned so that the bare light bulb, lamp, or Luminaires with a total cutoff of light of less than 90 degree shall be desig\[2\] dwellings, and shall not exceed 1,000 lumens. family-or two familywith no cutoff and lights with a total cutoff angle of greater than 90 degrees are only allowed for single uminaires\] L1\[ NOTES 30 feet 30 feet feet 18 4,100 Kelvin footcandles 2.0 3,000 Kelvin footcandles 2.0 3,000 Kelvin ootcandlef 1.0 \]\[5 \[2\]90° Cutoff angle less than 3,000 Kelvin DistrictResidential -Non DistrictMixed Use DistrictResidential or Agricultural DistrictResidential -Non DistrictMixed Use DistrictResidential or Agricultural Maximum Height Maximum Illumination LuminaireType of Cutoff on Maximum Permitted Illumination and Height 1-400.10Table 247 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.110A Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 structures or locations.ly identify Signs under 12 inches in height to enable emergency personnel to accurate way.-of-Sound trucks or other moving advertising media while operated on a public right square feet in total sign area of all such signs per use.does not result in more than 10,000 area anddoes not exceed 2,400 square feet in I district that -Any sign affixed to an athletic facility structure (excluding fencing) in the MX .district imary use in a Residential200 feet of any residential prfacing and located within t do not have any lighted surfaceand spectators of those competitive sports, and thaby participants in for viewing , that are oriented, located, and designedcompetitive sportsdesigned and used for athletic fieldsrimary or accessory Signs located on allowed p .three square feet in areaand does not exceed , provided the sign does not exceed three feet in heightdistrictUse ny Mixedin a in Facility-Drive an allowedthrough lane of -the drivecontaining any lot ,from at each exit lighted sign-non, and one toentrance each at signlighted -nonOne .or propertiesfrom abutting streets and not to be generally legible while on the property, the property ewed by occupants or users of d designed to be vi, located, anthat is oriented feet in areasquare threenot exceeding and three feet in heightexceeding sign not lighted-nonAny .Section 60.400.110Iand Section 60.400.110Hin compliance with applicable standards in that are Banner signsMurals and up to two the sign is located. wherefeet beyond the lot line of threedistance of more than Any sign inside a building not attached to a window or door that is not legible from a .in the public interestor when erected and maintained pursuant to law governmentederal or posted by the , required,sign erected, maintainedAny .process ign Permitare exempt from the Stypes of signs The following Not Requiring a Permit Signs C. .apply nesiDestination Medical Center Design Guidelines, the Design Guideland the Section 60.400.110this standards inIn the event of a conflict between the .PermitSign ,KSection 60.500.060Ksign permits shall be approved pursuant to Required .Section 60.400.110C exempted by highways or ederalfand state eq. governing the control and regulation of signs alongSU.S.C. 131 et. eq. and the Federal Highway Beautification Act, 23 SControl Act, Minn. Stat. 173.01 et. esota Outdoor Advertising preempted by the requirements set forth in the Minn are notthat they Cshall govern all signs located in the Section 60.400.110This Applicability B. 248 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Applicability: Section 60.400.110B Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 Residential district.and Agricultural anfrom directly across or Residential lot abutting-NonUse or Any Mixed c. and; ubdistrictsD Medical -he MXT b. ;Any Agricultural and Residential district a. :or intermittently lighted signs in ,Flashing, moving ards that contain stacked multiple display faces.Billbo .types of signs are prohibitedThe following E. property tax records;exceeds 50% of the value of the existing primary building, as shown in applicable existing primary building is improved or redeveloped, and the value of that work An c. percent;The gross floor area of an existing primary building is expanded by more than 50 b. A new primary building is constructed; a. time: 60.400.110DSection consistent with the standards in thisA new permit .KSection 60.500.060KAny lighted sign requires a Sign Permit pursuant to .KSection 60.500.060Krequire a Sign Permit pursuant to 60.400.110CSection City that are not listed in the All signs erected, altered, or replaced within Signs Requiring a Permit D. feet above grade. 10 exceedll not in area and shadistricts, this sign shall not exceed 64 square feet Residential-NonUse and In Mixed c. grade. six feet above exceed shall not exceed 36 square feet in area and shall not the sign subject to Subsection a above, those for all uses other than In Residential districts b. . feet above gradeexceed four and shall not square feet in area 16exceed the sign shall not ,Dwellingsthat contain Household Living uses other than Multifamily In Residential districts a. hat building permit is granted.last initial certificate of occupancy related to tbeginning on the date a building permit is issued and ending on the date on which the One temporary sign, located at a construction site or on a construction barricade, feet in height.feet in area or four square 24does not exceed lease and that sale or actively listed forproperty is aa portion of or opertya prerected during any period emporary signAny t 211B.045. Minn. Stat. Ch.Any temporary sign in compliance with 249 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Signs Requiring a Permit: Section 60.400.110D Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 .Section 60.400.110Gmply with co s shall alsoBillboardsign shall be set back from each lot line by at least two feet. freestanding ach E j. issuance of a sign permit.a revocable permit from the City is obtained prior to unless way, -of-over a public rightl be erected or allowed to extend No signs except those of a governmental entity shal i. organic or inorganic natural matter, or on any power line or telephone pole.No signs shall be painted on, attached to, or affixed to any trees, rocks, or similar h. design of the sign.tegral to the overall such part of the sign designed or painted in another manner is inneutral color such as light blue, gray, or white unless it can be demonstrated that The exposed uprights, superstructure, and/or backside of all signs shall be painted a g. xposed to lightning.eAdequate provisions shall be made for grounding metallic parts of roof signs f. conform to the provisions of the electrical code.Signs illuminated by electricity or equipped in any way with electrical devices shall e. ging nor a menace to persons or property.support so as not to be free swinresistance and wind loads. Signs shall be rigidly suspended by means of fastening or All permanent signs shall be constructed to meet Building Code standards for wind d. .based on considerations of public and traffic safety City Engineer, unless approved by the way-of-less than nine feet above the grade level of the righthave a lower edge mayway -of-over a public right that is permitted to extendsign o N c. curb exists, from the edge of the nearest traveled way.no the top of the curb on the street adjacent to the nearest street of the triangle or, if . Vertical measurement shall be made from Visibility Trianglecurb grade within any Signs shall not extend into the vertical space between three feet and six feet above b. escape.No sign shall be placed so as to obstruct or interfere with a window, doorway, or fire a. Design and Safety Requirements standards apply., the billboard Billboards Section 60.400.110Gtween these standards and those in bens, including billboards. In the event of a conflict The following standards apply to all sig Standards Sign F. Any sign that contains any obscene wording or images. confusion of vehicular or pedestrian traffic.affic sign or signal or would impair or cause with the proper functioning of any tror color would conflict ,any governmental agency or that by reason of positioning, shapeor , stateAny sign that is constructed to resemble an official marker erected by the City, 250 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Sign Standards: Section 60.400.110F Signs Section 60.400.110 ment Standards and IncentivesDevelop: Chapter 60.400 I, B, S I, B, S I, B, S \[9\] I, B B, S Not Permitted LightingPermitted feet 15 feet 20 15 feet \[8\] feet 6 6 feet 6 feet HeightMaximum 64 sq. ft. 64 sq. ft. 50 sq. ft. 50 sq. ft. 24 sq. ft. 12 sq. ft. Maximum Area 1 1 1 \[5\] 1 \[5\] 1 \[4\] 1 Street FrontageNumber per Maximum Freestanding Sign I, B, S I, B, S B, S \[9\] , SB B Not Permitted Lighting \[3\]Permitted Same as primary structure maximum height \[2\] 8 feet HeightMaximum 400 sq. ft. sq. ft.250 50 sq. ft. 50 sq. ft. 24 sq. ft. 12 sq. ft. Maximum Area \[1\] Buildings over 5 stories: 1 additional General: 1 1 Street Frontageper NumberMaximum Wall Signs BP, LI, SI T-MXD, -MXG, -MX I-MX C,-MX S,-MX N-MX UseResidential -Non UseResidential DistrictsResidential -Non Districts Mixed Use Residential DistrictsAgricultural and Type of Sign Spotlight =S Backlight =B Internal =I Sign StandardsGeneral 1-400.11Table .Section 60.400.110in all districts, unless stated otherwise in this states the general sign standards for all signs , Sign StandardsGeneral 1-400.11Table Table of Sign Standards only be lit during business hours.may hours of operationesidential districts and located within a zone that restricts RLighted signs adjacent to c. way.-of-public rightfrom any anddistrict, Use , any Residential Use in a MixedistrictdAgricultural and Residential any fromot visible nis source eshielded so that thhall be sof a sign for internal lighting, back lighting, or spot lighting source light Each b. .Sign StandardsGeneral 1-400.11Table stated into illuminate signs as are permitted Internal lighting, back lighting, and spot lighting a. Lighting of Signs 251 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Sign Standards: Section 60.400.110F Signs 0.400.110Section 6 Development Standards and Incentives: Chapter 60.400 \[6\] Roof signs are prohibited for lots that are adjacent to a Residential district. \[5\] Signs must be located no closer than 25 feet from any shared lot line with a Residential district. al district.\[4\] Signs must be located no closer than 50 feet from any shared lot line with a Residenti \[3\] Lighted wall signs are not permitted on secondary façades adjacent to a Residential district. \[2\] Must not extend above the top of the wall where it is attached. than 50% of the maximum wall sign area permitted for the property.\[1\] When more than one wall sign is permitted, the maximum area for the additional wall sign must be no more NOTES square feet in area and does not exceed four square feet above grade. buildings with Multifamily Dwelling uses, provided that the sign does not exceed 24 Household Living uses, and one per entrance to a development containing multiple One additional freestanding sign per entrance to a to a subdivision of lots for individual Residential Subdivision Signs below. 60.400.110F.4Section Additional signs for business centers are permitted that comply with Business Center Signs S, I, B S, I, B LightingPermitted 15 feet 10 feet HeightMaximum 250 sq. ft. \[7\] \[7\]150 sq. ft. Maximum Area 1 Permitted Not PermittedNot Permitted Not Not Permitted NumberMaximum Roof Sign \[6\] I, B I, B I, B I, B I, B LightingPermitted 18 feet 16 feet 12 feet 12 feet 12 feet HeightMaximum 24 sq. ft. 16 sq. ft. 12 sq. ft. 12 sq. ft. 8 sq. ft. Maximum Area 1 1 1 1 1 Not Permitted NumberMaximum Projecting Sign BP, LI, SI T-MXD, -MXG, -MX I-MX C,-MX S,-MX N-MX UseResidential -Non UseResidential DistrictsResidential -Non Districts Mixed Use Residential DistrictsAgricultural and Type of Sign Spotlight =S Backlight =B Internal =I Sign StandardsGeneral 1-400.11Table 252 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota StandardsSign : Section 60.400.110F Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 a Residential district. is adjacent to and facing when the secondary façade Lighting is prohibited on marquee signs or sun canopy signs on secondary facades c. canopy shall not count against the permitted number of primary signs.permitted wall sign area, but the sun the area shall count against canopysun The b. reduction in the area of other permitted primary signs.signs is matched by a freestandingthe increase in area above that allowed for permitted an area up to double that permitted for freestanding signs, provided that sidewalk. Marquees shall be aany sidewalk level or its equivalent in the absence of No sign affixed to or an integral part of a marquee shall be less than eight feet above a. iesor Sun Canop sMarquee of the maximum freestanding sign area permitted for the property. percent more than 50Each additional freestanding sign above the first is permitted at no . is permitted centerof the business entrance per one In addition, b. center. A total of two wall signs may be permitted per tenant within a business business center; andthe parking lot serving the The wall sign must face and be visible from a collector or higher level street or Comprehensive Plan; stated in theas district unless separated by an existing expressway or freeway esidential R that face a sfaçadeecondary Wall signs are not permitted on s and meeting the following requirements: ,of the area of the façade percent not to exceed 20 ,is permitted façade secondary. One wall sign per where it is located requirements of the districtapplicable the that meetsand , of the area of the façade percent primary façade not to exceed 20on the wall sign one Each individual tenant within a business center is permitted a. sSign Business Center containing less than five units in a mixed use district. ct, or any Residential Use N district lighted signs shall not face any Agriculture or Residential distri-\[9\] In the MX N district shall be a Monument Sign. -\[8\] Free Standings signs in the MX by the area of the roof sign. rea for a wall sign(s) on the same property shall be reduced \[7\] If a roof sign is installed, the maximum permitted a BP, LI, SI T-MXD, -MXG, -MX I-MX C,-MX S,-MX N-MX UseResidential -Non UseResidential DistrictsResidential -Non Districts Mixed Use Residential DistrictsAgricultural and Type of Sign Spotlight =S Backlight =B Internal =I Sign StandardsGeneral 1-400.11Table 253 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Sign Standards: Section 60.400.110F Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 hours.permitted business operate only during may lectronic message boards eration, eopIn districts or when associated with allowed uses that have restricted hours of j. daylight hours, or at a level greater than 500 nits during nighttime hours. during,000 nits 5 No electronic message board may be illuminated at a level greater than i. ditions.lighting conto control brightness for nighttime viewing and varying daytime or solar sensorsbe provided with automatic dimming software board shallmessage Each electronic h. .boardany part of on, or otherwise varying light intensitythrough , e of movementappearancnot move or create the may content The electronic message board second of time. shall not exceed one the time between messages or fade transitions are used, If dissolve transitions. without scrolling, flashing, fading, blinking, or other similar andor through dissolve or fade transitions, instantaneously transitions between imagesfrequently than once every eight seconds, and does not change moreimages, contains only static be programmed so it shall he electronic message display T g. grade.exceed 12 feet above not must electronic message board top of any permitted The f. .square feet, whichever is less, or 32 it is integrated where sign facewall or freestanding total sign area of the e board signage shall not exceed 50 percent of theThe area of the electronic messag e. face.shall be integrated into the overall sign Each permitted electronic message board d. Agricultural or Residential district. adjacent to an-Electronic message boards are prohibited on any Mixed Use or Non c. S districts.-MXN, and -Electronic message boards are prohibited in Agricultural, Residential, MX b. may include an electronic message board. Residential districts -Only freestanding signs and wall signs in Mixed Use and Non a. sage BoardsElectronic Mes Electronic message boards on service canopies are prohibited. c. district are prohibited.a Residential adjacent to and facingLighted signs on any service canopy façade b. .allowances on the propertyopy signage shall be in addition to other sign and , signagemay be used for area façade vertical canopy percent of the 50conditions, up to from weather soutdoor customerto protect service canopy is permitted Where a a. iesService Canop 254 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Sign Standards: Section 60.400.110F Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 River Road).from Trunk Highway 52 easterly to County Road 133 (West Street NW th 55 and ;Street NW th northerly and westerly to Trunk Highway 63 at 37County State Aid Highway 22 from Trunk Highway 14 at the University Center Street NW, th and northerly to Trunk Highway 52 at 55from trunk Highway 52 at Apache Mall westerly County State Aid Highway 22 :Citythe portions of the following streets and highways within feet of and oriented toward the following located within 300shall be billboardNo f. in Figure 1e. shownesidential district as Rclosest point on any boundary of the to the way-of-right district. This distance shall be measured from the nearest edge of theResidential anshall be located within 250 feet of a boundary of billboardNo e. .Place of Worship, School, or Medical Facility way as the-of-the right, regardless of whether the billboard is located on the same side or the orientedis a billboard where way-of-rightabut the same that properties Place of Worship, School, or in Figure 1d. This restriction only applies to shownproperty as Place of Worship, School, or Medical Facility any boundary line of the to the closest point on or ,choolS, Place of Worship theto billboardshall be measured from the nearest edge of the . This distance Medical FacilityPlace of Worship, School, or shall be located within 300 feet of a billboardNo d. in Figure 1c. shownas billboardrailroad intersection to the nearest edge of the -streetpoint of the istance shall be measured from the centerThe d. way-of-rightrailroad shall be located within 200 feet of the intersection of a street and a billboardNo c. in Figure 1b. shownway of two or more streets or highways as -of-srightintersection of the from the radius foot100 shall be located within a billboardNo b. in Figure 1a. shownis directed as billboardthe whereline of the street or highway way-of-rightadjacent shall be measured along the billboardssame side of the street. Distances between located on the billboard000 feet of another ,shall be located within 1 billboardNo a. standards:shall comply with the following spacing ,illboards erected after bAll Spacing Billboards G. 255 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Billboards: Section 60.400.110G Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 Figure 1c Figure 1b Figure 1a 256 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Billboards: Section 60.400.110G Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 Figure 1e Figure 1d istricts.din Residential , banners are prohibited circumstancesother In all .district 2x-, or R2-, R1-R units or adjacent to a four dwellingthan fewercontaining No banners are permitted on any wall abutting a residential use . districts 2x-2, and R-, R1-AG, Rthe other than y district nadjacent to a is or streetabutting primary collector or higher order the banner is oriented toward an , providedshall be permitted per ne banner onits, u dwelling or morefour with structuresesidential r For istrict.d 2x-, or R2-R1, -RAG, nor adjacent to a ,units four dwellingless than containingor per tenant. No banners are permitted on any wall abutting a residential use o more than one banner shall be permitted per use , nsesuesidential r-onFor n .onslimitatiesidential districts shall be subject to the following RBanners in c. it is attached. wheremore than 18 inches from the wall surface notbe mounted Each banner shall b. vertical building surface.parallel to a building façade or other maintainedor edinstallEach banner shall be a. Banners sTemporary Sign H. 257 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Temporary Signs: Section 60.400.110H Signs Section 60.400.110 ncentivesDevelopment Standards and I: Chapter 60.400 and all conditions and record of approval,in the rectorCommunity Development Dithe runs with the property unless otherwise specified by ontiAn approved applica d. in calculations to determine the total sign area or number of authorized signs. and the approved display shall not be included , 60.400.110Section permitted by this affect the ability of the applicant to erect or maintain any other signs on the property . Any approval of a special display shall not lot or development siteexpands the number, size, and duration of signs otherwise applicationAn approved c. .Appeals ,Section 60.500.030F.2set forth in a complete application. Any appeal of the decision shall be heard and resolved as A decision on the application shall be made within 45 days after the City’s receipt of b. Subsection 3 below.criteria in pursuant to the review Community Development Director shall be reviewed by the Section 60.400.110Idisplay under this mural or other Applications for approval of a a. Special Review Required between the City and any utility provider.itten contract wrOn public utility boxes, meters, or panels where such placement is allowed by a ity property; orCOn or displays, , wall graphicsssponsored sign-ityCdoes not apply to any Section 60.400.110IThis b. .Section 60.400.110this standard in physical applicable height, size, duration, or another permitted Exceed the and; Section 60.400.110Eor Section 60.400.110C listed intypes of signs Are not displays on walls, or structures that:applies to all Section 60.400.110Ibelow, this bubsection SExcept as stated in a. Applicability and Other DisplaysMurals I. .Section 60.400.110this shall meet all other applicable criteria listed in Each sign c. month period. 12the duringissued for the property be shall. Once the sign permit expires, no additional permits for such signs srelate it thatthe completion of the event aftersign shall be removed within two days Eachmonth period. 12days in any 14 ingsign shall be allowed for a period exceed No b. four feet in height. orsquare feet in area 24shall exceed ignNo s a. :rdsfollowing standashall comply with the and Section 60.500.060.H,pursuant to of a sign permit approvalafter SI districts and LI, D,-MX G,-MXortable signs are permitted in the p Freestanding Portable Signs 258 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Murals and Other Displays: Section 60.400.110I Signs 0 Development Standards and Incentives: Chapter 60.400 differentiate the sign’s message from the background against which it is placed. The frame or other material or color forming an integral part of the display or used tostraight sides that encloses the limits of text and graphics of a sign, together with any Sign area is calculated as the area within a continuous perimeter with up to eight a. Area of a Sign Sign Measurements K. .Section 60.400.110sign, as that term is used in this Changes in the message on a permitted sign shall not be considered alteration of the Sign Permit.new the need to obtain a message may be revised to instead contain a commercial message at any time, without commercial -that contains a non Section 60.400.110Any sign permitted pursuant to this Sign Permit.new commercial message at any time, without the -ge may be revised to contain a nonmessathat contains a commercial Section 60.400.110Any sign permitted pursuant to this Message Substitution J. property. ty functions on or around the Does not impair the performance of required Ci vibration, or odor impacts on nearby properties; and Does not create noise, sound, light, reflection, glare, shading, flickering, pedestrian traffic safety; blic health or safety or to vehicular, bicycle, or Does not create a threat to pu and repairs will be timely performed; provided adequate assurance (including financial assurance) that maintenance applicant has unless theWill not require extensive or repeated maintenance, ; conditions toWill be treated to address vandalism and exposure Does not exceed the dimensions of any surface upon which it is mounted; distinct from other permitted signs on the property; Will be created, constructed, erected, or displayed in a way that is visually Constitution; Minnesota Constitution and/or the Is a form of speech or expression protected by the First Amendment to the U.S. display: mural or if it finds that the proposed isplaydmural or other may approve an application for aCommunity Development Director The property. limitations related to the approval shall be binding on future owners and users of the 259 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Message Substitution: 110JSection 60.400. Signs Section 60.400.110 Development Standards and Incentives: Chapter 60.400 UDC; orunder this applywould otherwise above the maximum gross floor area that 25 percent Maximum gross floor area on any lot or development site being increased by more than ; orunder this UDC applywould otherwise the maximum FAR thatabove being increased by more than 25 percent y lot or development site :the may result in 1-development, but no combination of bonuses in Table 400.12 rproperty omay be earned on a single Summary of Incentives 1-400.12Table More than one bonus in Combination of Bonuses B. and welfare of the community.hese incentives are designed to further enhance the public health, safety, Tlaw. ederalfand state orhester Code of Ordinances, other City regulations, , the RocUDCIncentives are only available for actions in each of these areas that are not otherwise . heritage preservationsustainable development practices, added public amenities, and income households, infrastructure improvements, -low development of affordable housing forincreased development density, size, or flexibility. These public benefits include the establishes incentives to encourage public benefits in exchange for Section 60.400.120This Purpose A. NCENTIVES I Section 60.400.120 el sign surfaces shall be the area of one of those surfaces.back parall-to-two backFor purposes of measuring the size of a billboard sign, only one side of a sign with c. height of the sign may be measured from the top of curb elevation.ral grade at the base of a sign is lower than the grade of an adjacent road, the If natu b. mounding, or landscaping, solely done for the purpose of locating the sign. including all backgrounds and support structures, exclusive of any filling, berming, foot radius at the base of the sign to the top of the sign, -finish grade within a six Sign height is measured as the vertical distance from the average elevation of the a. Measuring the Height of a Sign such elements are appropriately scaled to the Development Director determines that unted against total sign Support structures will not be co b. this open space is enclosed by a frame or border or not.component, panel, strip, or figure of any kind composing the display face, whether contained within the outer limits of the display face of a sign, or between any ce integral part of the display or used to differentiate it), but includes any open spaarea excludes the structure upon which the sign is placed (unless the structure is an 260 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.120A Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 consider the application making body shall -the decisionCommission, or City Council, Heritage Preservation Commission, Planning is subject to approval of the ion underlying development applicat, but the Section 60.400.120incentives under this Staff has confirmed compliance with the requirements for one or more Where b. of the application. be included in the administrative approval shall incentive approved , the 60.400.120Section uirements of this and the application complies with the applicable reqsubject to administrative approval, Where the underlying development application is a. confirmed by Staff review of the application. shall be Incentives ,Section 60.400.120the requirements of this Compliance with .Protection Standards Neighborhood, Section 60.400.020Fpermitted in heightexceeding the maximum building protection area neighborhoodNo height bonus may result in a building located in a being requested.nd standards that would apply to the property if an incentive was not requirements aCity standards or regulations. Incentives are only awarded for actions that exceed those that would otherwise be required of the development under this UDC or other adopted ny design feature, amenity, payment, or other action be awarded for amay incentivesNo associated with each action.each incentive is available, and the different bonuses that are wherethe zoning districts lists the actions for which incentives are offered, Summary of Incentives 1-400.12Table Summary of Incentives D. of Subsection 1 may be approved after preliminary approval of the application.lication requires both a preliminary and a final approval, no request for waiver If the app approved after that public hearing has taken place. If the application requires a public hearing, no request for waiver of Subsection 1 may be regarding the requested incentive be presented.t the public meeting be repeated and that information Subsection 1 a public meeting related to the application has already occurred, any waiver of If .taff to repeat earlier steps in the review processSCity incentive will not require acceptance of a later request for approval of a permitted that if the Director determinesthe requirement in Subsection 1 above waive willThe Community Development Director .taffSreview of a proposed application with City development-made at the time of preshall be DSection 60.400.120Requests for approval of an incentive pursuant to this Timing of Incentive Application and Decision C. development site under this UDC. or25 percent above the maximum number of dwelling units that could be located on that lot on any lot or development site being increased by more than umber of dwelling unitsN 261 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota n and DecisionTiming of Incentive Applicatio: Section 60.400.120C Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 Sustainable Development of 2 additional stories of building height.foot of new or replacement street construction, up to a maximum square 0of additional building floor area for each 1 percent5 D-MX increase in maximum FAR.20% lines, up to a of new or replacement water, storm drainage, and/or electric linear foot 0of additional building floor area for each 1 percent5 for FAR limits Utility Lines of 2 additional stories of building height.foot of new or replacement street construction, up to a maximum square 0of additional building floor area for each 1 percent5 D-MX increase in maximum FAR.20% foot of new or replacement street construction, up to a square 0of additional building floor area for each 1 percent5 to FAR limits ImprovementsStreet least 10%.by at orm drainage system be transmitted into the City’s piped st stormwater that would otherwise features reduce the amount ofsite stormwater management -on increase in maximum FAR, if, and in districts with FAR limits a 10% area minimum lotmaximum FAR limits, a 10% reduction in In districts without All other districts by at least 10%. piped storm drainage system stormwater that would otherwise be transmitted into the City’s features reduce the amount ofstormwater management site -on ifadditional stories of building height of 2A maximum D-MX ManagementStormwater Additional Infrastructure restricted.-incomedwelling units or 15% of dwelling units, whichever is larger, are if at least 20 additional stories of building height A maximum of 4 D-MX restricted.-dwelling units, whichever is maximum building height if at least 20 dwelling units or 15% of 0 feet of increase above, an additional 2 In addition to the FAR T-MXC, and -I, MX-MXG, -MX4-3, R-R restricted.-dwelling units, whichever is larger, are income15% of % increase in maximum FAR if at least 20 dwelling units or A 20 T-I, and MX-MXG, -C, MX-S, MX-N, MX-, MX3-R restricted. -or 15% of dwelling units, whichever is larger, are incomeA 10% reduction in minimum lot size if at least 20 dwelling units 2x-and R2, -1, R-AG, R HouseholdsLow Income Housing for Affordable Housing (Above Maximum Otherwise Permitted in the District) Bonus Awarded DistrictsZoning Applicable Incentive .may result in a building height exceeding the Neighborhood Protection StandardsNo incentives are awarded for actions otherwise required by this UDC or adopted City regulations. No incentive Summary of Incentives 1-400.12Table shall not condition its approval on removing or limiting an earned incentive., and assuming that all approved incentives will be constructed and AdministrationProcedures Chapter 60.500making criteria in -pursuant to the applicable decision 262 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Summary of Incentives: Section 60.400.120D Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 landmarked property (the a lot containing a designatedof unused potential building floor area on 5%For each 1. designated landmarked property (the “Receiving Lot”):on a lot within 600 feet of, and in the same zone district as, the building floor area in a new building constructed 5% additional D-MXT, and -I, MX-MX PreservationHistoric at least 25%.the development exceed those otherwise required by the City by increase in maximum FAR, if public land dedications related to lot area, and in districts with FAR limits a 10% minimum In districts without maximum FAR limits, a 10% reduction in All other districts otherwise required by the City by at least 25%.land dedications related to the development exceed those public maximum of 2 additional stories of building height ifA D-MXT, -4, MX-R Public LandDedication of stories in building height.2 an additional D, up to -maximum 5% increase in building floor area, or in MXat least partially within 100 feet of that public street, up to a t one public street, and located to the public, visible from at leasimproved and furnished square, plaza, or gathering space open additional building floor area for each 1 square foot of 5% of D-T, MX-I, MX-MXG, -C, MX-MXS, -N, MX-MX PlazasGathering Plazas, and Squares, height.uilding one additional story in bD, up to -maximum FAR, or in MX% increase in 10pedestrian weather protection features, up to a linear foot of 0of additional building floor area for each 1 5% D, BP, LI, SI-T, MX-I, MX-MXG, -C, MX-MXS, -N, MX-MX ProtectionWeather Pedestrian Public Amenity are met. DevelopmentSustainable , Section 60.400.120E.3building standards in the green A maximum of 2 additional stories of building height if D-MX are met. Sustainable Development, Section 60.400.120E.3in if the green building standards in maximum FAR increase 20% and SID, BP, LI, -T, MX-I, MX-MXG, -MXC, -S, MX-MXN, -4, MX-3, R-R Green Buildings are met. Sustainable Development, .3Section 60.400.120Erenewable energy supply stated in A maximum of 2 additional stories of building height if levels of D-MXT, -4, MX-R are met. DevelopmentSustainable , Section 60.400.120E.3supply stated in increase in maximum FAR if levels of renewable energy 20% LI, and SIT, BP, -I, MX-MXG, -C, MX-S, MX-N, MX-MX 3,-R are met. DevelopmentSustainable , Section 60.400.120E.3energy supply stated in A 10% reduction in minimum lot size if levels of renewable 2x-2, and R-1, R-R EnergyRenewable (Above Maximum Otherwise Permitted in the District) Bonus Awarded DistrictsZoning Applicable Incentive .may result in a building height exceeding the Neighborhood Protection StandardsNo incentives are awarded for actions otherwise required by this UDC or adopted City regulations. No incentive Summary of Incentives 1-400.12Table 263 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Summary of Incentives: Section 60.400.120D Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 of the water quality volume, as defined percent 100 site water reduction of-onthe applicant provides or more, acre oneFor projects with a disturbance area of MS4 Permit. latesttreatment of the water quality volume, as defined by the site -regardless of the proposed disturbance area. This incentivizes on, 100 percent of the water quality volumefor treatment water site-on srovidepacre, the applicant oneFor projects with a disturbance area of less than criteria.following the meetproposed improvements whether the The City Engineer shall determine ater ManagementwStorm a. .additional infrastructure provided shall meet one of the following three requirements, the Summary of Incentives 1-400.12Table In order to earn the incentive identified in Additional Infrastructure .(LHTC) sCredit The project has been awarded Low Income Housing Tax b. or r at least 30 years;of the area median gross income for owner occupied properties foless of the area median gross income for rental properties and less than 110 percent or percent individuals whose income is 60 forThe units are restricted for occupancy a. .Development Director, as determined requirementstwo affordable housing units shall meet one of the following , the Summary of Incentives 1-400.12Table in In order to earn the incentive identified sing for Low Income HouseholdsHou .60.400.120ESection thislisted in onus for that brequirements allapplicants that comply with shall only be available to Summary of Incentives 1-400.12Table ncentives listed in I RequirementsIncentive E. in building height. additional stories 2building square footage up to a maximum of D, additional -Receiving Lot. If the receiving lot is in the MXin maximum FAR on the increase% to a maximum 20 Up Preservation Commission.he City’s Heritage meet applicable standards of t property (the “Sending Lot”) renovated to landmarked of floor area in an existing designated 5%For each 2. development on the Sending Lot; or“Sending Lot”) that it is deed restricted to prevent future (Above Maximum Otherwise Permitted in the District) Bonus Awarded DistrictsZoning Applicable Incentive .may result in a building height exceeding the Neighborhood Protection StandardsNo incentives are awarded for actions otherwise required by this UDC or adopted City regulations. No incentive Summary of Incentives 1-400.12Table 264 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Incentive Requirements: Section 60.400.120E Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 .following requirementsthe infrastructure provided shall meet one of sustainable development additional , the Summary of Incentives 1-400.12Table earn the incentive identified in In order to Sustainable Development determined by the City Engineer.proposed development by this UDC or other adopted City regulations, all as to mitigate potential impacts of the not required to be provided onstruction standards, and are needed by the City, comply with applicable City ca type and design that are of and are needed by the City, linesproposed are in a location where the water, storm drainage, and/or electric lines The .occupants of the proposed development s forbenefit provide additionaland by the applicantfor idpa, and d, dedicateedconstructare water, storm drainage, and/or electric lines The oversized water mains in residential developments.installing D district, and -building transformer vaults in the MX-installing inlines to underground lines where that is not otherwise required, electric overhead to improve existing service, converting drainage, and/or electric line water, storm ement of an existing , the replacdrainage, and/or electric linewater, storm or connection to complete or improve the efficiency of an existing Eligible improvements include but are not limited to the provision of a new link LinesUtility c. determined by the City Engineer.ll as proposed development by this UDC or other adopted City regulations, arequired to be provided by the applicant to mitigate potential impacts of the the City, comply with applicable City construction standards, and are not type and design that are needed by improvements are needed by the City, of a The street improvements are in a location where the proposed street proposed development.the residents or occupants of the and provide additional benefits for applicantby the for idand pa d,, dedicateedconstructstreet improvements are The use trails.-multifor mobility improvements such as vehicle travel lanes, sidewalks, bikeways, or Eligible improvements include but are not limited to the construction or payment Street Improvements b. .site treatment-ing an offavailable such as filtration, detention, or constructreducing treatment options -volume-project that would otherwise have nonon a reductionsite stormwater -This incentivizes on .by the latest MS4 permit 265 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Incentive Requirements: Section 60.400.120E Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 Public Amenity .Community Development Directorabove, as determined by the (d)through (a)ubsections Sgrams listed in sustainability benefits to at least one of the proparty sustainability program producing equal or greater -Another verified third or Globes Certification rating system;Three Green Globes Certification by the Green Building Initiative (GBI) Green system; Challenge (LBC) ratingPetal Certification by the International Living Future Institute Living Building (NGBS) Green Certified rating system;Silver Certification by the Home Innovation National Green Building Standard onmental Design (LEED) rating system;in Energy and EnvirSilver Certification by the U.S. Green Building Council (USGBC) Leadership party sustainability programs:-following verified thirdis being reviewed and expects to receive certification by one of the The project ; orprogrambenchmarking participate in the City agrees to period of at least five years and maintain an Energy Star score of 75 or higher for a is designed to he project T Subsection 1) or 2) below:compliance with either showing submit written evidence acceptable to the City The applicant shall Green Building b. above. 3) or, 2), 1)ubsections Sthrough compliance with will generate at least the amount of energy that would have been generated site -installed on systemsA combination of solar, wind, and geothermal energy or annual average electricity used in all primary buildings;percent of estimated site geothermal technology will generate at least 50 -On annual average electricity used in all primary buildings; scale wind energy will generate at least 50 percent of estimated -site small-On primary buildings; 70 percent of the total roof area of all area of the building or lot equal to at leastaverage electricity used in all primary buildings or solar panels will cover an site solar panels will generate at least 75 percent of estimated annual -On listed below:te at least the minimum amounts of energy installation of those devices will genera(s) are being installed and that the systemof the following types of renewable energy one or more thatacceptable to the City submit written evidence shall applicantThe a. 266 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Incentive Requirements: Section 60.400.120E Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 or City;through development density transfer mechanisms acceptable to the containing the historic structure, and rough a deed restriction on the lotstructure, th00 feet of the lot containing the historic 6to another lot within the historic structurethe lot containing fromtransferring the unused development potential or floor area by an existing designated landmark replacement of demolition or Discourage a. :shall either applicant, the Summary of Incentives 1-400.12Table In order to earn the incenti PreservationHistoric corridors.systems providing access to major public facilities or along environmental or trail ,community parks, special use parks, city squares or triangles, parkwaysited to playlots, neighborhood parks, Eligible facilities include but are not lim . this UDC or other adopted City regulationrequired of the applicant by any Section of , and that are not otherwiseprogramapproved plan and/or capital improvement -on a Cityshown in a location purposededicate additional land for public shall applicantThe Dedication of Public Land c. .Section of this UDC or other adopted City regulationre not required by any A ;to users of the amenity protectionor weather tures to provide shadencorporate seating areas or furniture and feaI ;the public, visible to, and highly accessible to to penAre o :tthato plazas, squares, and other types of gathering spaces, , including but not limited owned spaces-privatelyterm maintenance of, -ensuring long, and submit evidence acceptable to the City for pay, constructshall applicantThe Squares, Plazas, and Gathering Places b. ; Engineer and the Community Development Directorand Parking Garages, in locations approved by the City occupied buildings, or between controlled walkways between buildings-climatenclosed and Fully e or ;approved by the City Engineer and the Community Development Directorusing designs y, in locations and wa-of-right public a adjacent buildings acrossions to kyway or subway connectscontrolled -and climatenclosed Fully e :features eligible for this incentive includeprovide protection to pedestrians from adverse climatic conditions. Development constructs and pays for one or more of the following features that applicantThe Weather ProtectionPedestrian a. .ing three requirementsadditional public amenities provided shall meet one of the follow, the Summary of Incentives 1-400.12Table In order to earn the incentive identified in 267 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Incentive Requirements: Section 60.400.120E Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 not adequately provided in the area where the project is located.t the proposed amenity is of a type that is Development Director has determined tha If the application proposed a “Public Amenity” incentive, the Community f. capacity is needed in the area where the project is located; andDevelopment Director has determined that the proposed additional infrastructure If the application proposes an “Additional Infrastructure” incentive, the Community e. of the Comprehensive Plan.Council as an element City any Master Plan for that area that has been adopted by are consistent with including the incentive evelopment PlanSite DThe application or d. and ;with the incentive proposed developmentThe existing or future planned public facilities in the area are adequate to serve the c. or the pattern of zoning within 1,000 feet of the property boundaries; ting land uses in the area The proposed development plan is compatible with the exis b. ;Procedures and Administration ,Chapter 60.500meets all applicable criteria applicable to that type of application in The application a. :following criteria, complies with the incentives earnedes that the application, including all determinmaker -decisionapproval, the application shall be approved if the City Council or ,Planning Commission, Commission Heritage Preservation subject toIf the application is .ype that is not adequately provided in the area where the project is locatedtproposed amenity is of a “Public Amenity” incentive, the If the application proposed a e. andcapacity is needed in the area where the project is located; additional infrastructureincentive, the proposed application proposes an “Additional Infrastructure” If the d. ;of the Comprehensive PlanCouncil as an element Cityany Master Plan for that area that has been adopted by are consistent with including the incentive Site Development PlanThe application or c. ; with the incentive proposed developmentserve the The existing or future planned public facilities in the area are adequate to b. .Incentives Section 60.400.120this comply with all applicable standards in Site Development PlanThe application and a. makes the following findings: Director Community Developmentthe , the application shall be approved if Staff approval application is eligible forIf the application complies with the following criteria.the incentive if it finds that requested maker shall approve a-The applicable decision sIncentive forCriteria F. .containing the historic structurelot 600 feet of the within isthat istoric landmarkor enhancements to a building of restorationsay for Pursuant to designs approved by the Heritage Preservation Commission, p b. 268 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Criteria for Incentives: Section 60.400.120F Incentives Section 60.400.120 Development Standards and Incentives: Chapter 60.400 :specifically, yelements in perpetuitlandscaping successors in interest shall be responsible for the regular maintenance of all Developers and their Failure to maintain all landscaping is a violation of this UDC. able Recreation Areasand Us Landscaping E. .by the Cityagreed to in writing otherwise ty or dedicated to the Ci unless be continuously maintained by the applicantshall Incentives, Section 60.400.120in constructed in return for a bonus ies required in this UDC including those Public Amenities D. or possible violation notice. Zoning Certificatethe use being considered for a ection shall be taken at the property line boundary of Sn this istandards theenforcement of , the measurements necessary for Section 60.400.130 Unless otherwise noted in this Point of Measurement C. standards could cause a public health and safety concern.and/or failure to comply with these ,Section 60.400.130any of the standards of this difficulty complying with determines that the proposed use or development ectorCommunity Development Dirimpacts of a proposed development or use if the require a specialized report detailing the potential will Community Development DirectorThe Specialized Report B. , the more stringent standard shall apply.e than one standard applyingIn the case of mor Burning of natural material. i. Blasting; and h. ;Emission of particulates g. Fire and explosion hazards; f. Heat discharge and emission; e. Toxic matter discharge or disposal; d. Liquid and solid waste discharges and disposal; c. or solid waste discharge; ,Odors resulting from liquid, air b. Radioactivity, electrical disturbance, radiation; a. of nuisance: sconcerning the following typeederal regulations ftate and sThe City shall have the authority to enforce applicable is required. Ordinanceschester Code of of the Ro and Title 17 17-94 and -9s Sectionpliance with mCo , State, and Federal RequirementsCompliance with Other City A. PERATION O AINTENANCE AND M Section 60.400.130 269 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Federal Requirementsand Compliance with Other City, State, : Section 60.400.130A Maintenance and Operation Section 60.400.130 Development Standards and Incentives: Chapter 60.400 discernible odor is being emitted. chemist demonstrates that a a listed shall not be deemed to be odorous unless are not thatSubstances .Manufacturing Chemists’ Association” ,Abatement Manual“The Air Pollution the most recent version ofin for the substance concentration listed measurement exceeds the lowest substance in the air at or beyond the point ofThe existence of an odor shall be presumed when the concentration of the odor causing any one day and more than two days out of the month.To be continuous, an odor must be present for more than 15 minutes in measurement.substances at or beyond the point of detectableodor causing ancontinuous odor or no use shall emit any result,a different do not requireederal regulations for stateUnless Odors H. .law ederalfor tate s byrequired otherwise , unless by the sign owner within 60 days from the date the use ceased operationSigns that relate to activities on the lot that are no longer in operation shall be removed alterations requiring a sign permit.shall not be deemed as The repainting, changing of parts, and maintenance of signs free and clear of all obnoxious substances, rubbish, and weeds. lessee, or manager of the property in a clean, sanitary, and inoffensive condition and g premises shall be maintained by the owner, Every sign and the immediate surroundin The display surfaces of all signs shall be kept neatly painted or posted at all times. and in proper state of preservation. All signs, together with their supports, braces, guys, and anchors shall be kept in repair Signs G. be attached to the storage container.square feet in area shall twoof the incident. A company identification sign no more than must be repaired within two weeks of the storage containerGraffiti and other vandalism .the owner of the containerand providing emergency contact information for identifying each sign no larger than two square feet in area shall be attached to the container container must be kept free of graffiti, posters, bills, and signs, except that Each storage oles, or leaks. corrosion, rust, rot, hfree of painted and be storage container must Each F. .maintain a structurally sound and aesthetic conditionlandscape planters, fences, and walls shall be repaired or replaced periodically to of infrastructure, raised All landscape structures including, but not limited to, vegetated ro andhealthy, and free from disease and pests; All plant material, including plant material on vegetated roofs, shall be maintained alive, 270 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Exterior Storage: Section 60.400.130F Maintenance and Operation Section 60.400.130 Development Standards and Incentives: Chapter 60.400 period hour-oneduring any eight minutesof totalfor a emittedbe may chart. 3 on the noto shade equalSmoke of a Ringleman No. 2 Residential-Non period hour-oneduring any eight minutesof totalfor a emittedbe may chart. 2 on the noto shade equalSmoke of a Ringleman No. 1 Use Mixed None Ringleman No. 0 ResidentialAgricultural and Exception of EmissionMaximum Level Type District Maximum Smoke Levels 1-400.13Table different color but with an equivalent apparent opacity.e of a provisions, applicable to visible gray smoke, shall also apply to visible smokfor the various zoning districts the acceptable level of smoke emissions. These indicates Maximum Smoke Levels 1-400.13Table used for the measurement of smoke. The Ringleman Smoke Chart published by the United States Bureau of Mines shall be Measurement of smoke shall be at the point of emission. Smoke L. point of measurement. whether direct or reflected, is visible at theIn all other districts, no operation or activity shall be conducted so that any glare, candles at the point of measurement. illumination in excess of 0.5 footcesses, such as combustion or welding, shall cause from high temperature prodistricts, no direct or sky reflected glare, whether from flood lights or LI and SIIn the Glare K. Burning of waste materials in open fires is prohibited.and fire suppression equipment and devices standard in the industry. fightingfireadequate provided with adequate safety devices against the hazard of fire and explosion and with All activities involving, and all storage of, flammable and explosive materials shall be Fire and Explosion Hazards J. .eyond the lot linebdegree centigrade or more ne y ob temperaturethe ambient air or water increases discharge or emission of heat shall be allowed if ittate regulations are not applicable, no continuous or repetitive sederal and fWhere Heat I. .Development Distinctive authordistricts except where SIor LIquality permits are prohibited in any district other than the level air ederalfor tate s regulations to obtain ederalfor tate s are required by thatUses 271 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Heat: n 60.400.130ISectio Maintenance and Operation Section 60.400.130 Development Standards and Incentives: Chapter 60.400 expressed as 6.28 times the displacement in inches multiplied by frequency in cycles per perpendicular components recorded simultaneously. Particle velocity may also be The maximum particle velocity shall be the maximum vector sum of three mutually Residential District-Non 0.1 Use District Mixed 0.05 Residential District 7AM) –0.01 (9PM 9PM) –0.02 (7AM to a:When the Lot is Adjacent in Inches per SecondMaximum Peak Particle Velocity 2-400.13Table .Vibration Levels 2-400.13Table the levels in Vibration shall not exceed r acceleration simultaneously in three mutually perpendicular directions.oinstruments capable of recording vibration displacement and frequency, particle velocity, Ground transmitted vibration shall be measured using a seismograph or complement of striking each other so as to cause separate and distinct pulses.or more objects n earthborn vibration generally produced by two shall mean a Impact d. or hertz (Hz).itself in one second of time. Frequency shall be expressed in cycles per second (cps) he number of times that a displacement completely repeats shall mean t Frequency c. second.where specific impulses do not exceed 60 per minute or one per ground transmitted vibration stemming from a source shall mean a b. Amplitude is generally measured in inches or mils. normal resting position.the surface of the earth from its e maximum displacement of shall mean th Amplitude a. measuring different types of vibration:of identifying and sVibration refers to ground transmitted oscillations. For the purpose Vibration N. . resultederal standards require a different ftate or sunless the stricter standard shall applythe ederal standards, ftate or sand applicable conflict the standards in Subsection 1, and in case of standards regarding particulate emissions,federal tate and sall applicable Subsection 1, all uses shall comply with In addition to complying with those standards in temperature of 500 degrees Fahrenheit and 50 percent excess air.gases resulting from combustion, standard corrections shall be applied to a stack ther district. For measurement of the amount of particles in feet of conveying gas in any ograins per cubic feet of conveying gas in any residential district and 0.3 grains per cubic No solid or liquid particles shall be emitted at any point in concentrations to exceed 0.1 Particulates M. 272 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Particulates: 30MSection 60.400.1 Maintenance and Operation Section 60.400.130 Development Standards and Incentives: Chapter 60.400 purpose.ued for that shall not be allowed to cross lot lines unless an approval has been issAmplified sounds at a level higher than 65 decibels (the level of normal conversation) property boundaries, rather than outward towards property boundaries. o direct sound inward from Any amplified sound equipment shall be mounted so as t of adjacent properties. of any noise that would create a public nuisance interfering with the use and enjoyment regarding permissible levels of noise and shall be conducted so as to avoid the creation 8-7-Section 8 All activities shall comply with the Rochester Code of Ordinances Noise O. than twice those specified above.are no greater thatconsidered impact vibrations. Impact vibrations are limited to values do not exceed 60 per minute shall be thatmore than 60 per minute. Discrete impulses are continuous or in discrete impulses of thatSteady state vibrations are ones second. 732 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Noise: Section 60.400.130O Maintenance and Operation Section 60.400.130 Development Standards and Incentives: Chapter 60.500 \]D\[ \]R\[ R Y Y Y Y Y 60.500.040FSection Landmark Property or of Removalor Designation \]D\[ \]2R\[ \]1\[\]R\[ R Y Y Y Y Y 60.500.040ESection Map Amendment)Rezoning (Official Zoning \]D\[ \]1\[R \]R\[ R Y Y .500.040D60Section UDC Text Amendment \]D\[ R R Y Y a60.500.040B.4.Section of Land Annexation \]\[D \[R\] R Y Y 60.500.040BSection Amendmentwth Management Map Gro \[D\] \[R\] R Y 60.500.040ASection Adoption or Amendmentand/or Land Use Plan Co Major Decision by City Council City Council AppealsZoning Board of CommissionPreservation Heritage Commission Planning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre NoticePublic UDC Section Procedure Public Hearing= \] \[ Y = Yes R = Review D = Decision A = Appeal Summary Table of Review Procedures 1-500.01Table making bodies.-f City review and decisionis required, and the role oapplication meeting -authorized by this UDC, whether public notice is required, whether a prelists the development applications ,, Summary Table of Review Procedures1-500.01Table Summary Table of Review Procedures B. the purposes and standards of this UDC.ent will be in accordance with development proposals and to ensure that proposed developmis to provide consistent, equitable procedures for the review of sectionThe propose of this Purpose A. ROCEDURES P ABLE OF T UMMARY SI Section 60.500.010 Procedures and Administration Chapter 60.500 274 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: 010ASection 60.500. Introduction and Summary Table of Procedures Section 60.500.010 Procedures and Administration: Chapter 60.500 \[A\] D Y Y 60.500.060BSection PlanGeneral Development \[A\] D 60.500.060ASection Zoning Certificate Development Approvals by Community Development Director \[A\] \[D\] R 60.500.050CSection PermitShoreland Protection \[A\] \[3\]D R 60.500.050BSection sAlterationMajor – AppropriatenessCertificate of \[A\] D 60.200.04C Section Historic InventoryProperty Placement on \[A\] \[D\] R Y Y Y Y Y 60.500.050ASection Commissionpproved by Planning AConditional Use Permit by a Designated AuthorityDecisions That May Require \[D\] R R Y Y Y Y Y 60.500.040NSection Interim Use Permit \[D\] R R Y Y Y Y Y pproved by City CouncilAConditional Use Permit \[D\] \]R\[ R Y Y Y Y Y 60.500.040LSection Development Distinctive \[D\] R R Y 60.500.040JSection Vacation Easementor StreetPublic \[D\] R R Y 60.500.040ISection AdoptionOfficial Map \[D\] R Y 60.500.040HSection Final Plat \]D\[ R R Y Y Y Y Y 60.500.040GSection PermitMajor Land Subdivision City Council AppealsZoning Board of CommissionPreservation Heritage Commission Planning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre NoticePublic UDC Section Procedure Public Hearing= \] \[ Y = Yes R = Review D = Decision A = Appeal Summary Table of Review Procedures 1-500.01Table 275 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Table of Review ProceduresSummary : Section 60.500.010B mary Table of ProceduresIntroduction and Sum Section 60.500.010 Procedures and Administration: Chapter 60.500 and the Heritage Preservation Commission.UDC Text Amendments that involve the HPO or related procedures shall be reviewed by both the Planning Commission \[1\] NOTES \[A\] \[D\] R Y Y Y 60.500.070CSection Variance \[A\] \[D\] R 60.500.070BSection Major Modification \[A\] D 60.500.070ASection Minor Modification Flexibility and Relief \[A\] D 60.500.060KSection Sign Permit \[A\] D 60.500.060JSection Lot Line Readjustment A \]5\[ 60.500.060ISection Grading Permit \[A\] \]5\[ 60.500.060HSection PermitFloodplain Development \[A\] D Y 60.500.060GSection PermitMinor Land Subdivision \[A\] D 60.500.060FSection Permit Temporary \[A\] D 60.500.060ESection CertificateRental Housing \[A\] \[A\] D 60.500.060DSection AlterationsMinor – AppropriatenessCertificate of \[A\] D \[4\]Y 4\]Y\[ 60.500.060CSection Site Development Plan City Council AppealsZoning Board of CommissionPreservation Heritage Commission Planning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre NoticePublic UDC Section Procedure Public Hearing= \] \[ Y = Yes R = Review D = Decision A = Appeal Summary Table of Review Procedures 1-500.01Table 276 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Table of Review ProceduresSummary : Section 60.500.010B Introduction and Summary Table of Procedures Section 60.500.010 rocedures and AdministrationP: Chapter 60.500 approved.agency or officer responsible for determining whether an application should be , regardless of the DepartmentCommunity Development available through the made maintained, issued, and shall be UDCAll forms required in the administration of this b. action.body shall be responsible for performance of a specific publicanother City official or unless this UDC or another City ordinance or regulation indicates that , ProceduresSummary Table of Review 1-500.01Table performance of those duties indicated in, including but not limited to the and overseeing the administration of this UDCorganizing The Community Development Director shall be generally responsible for a. UDC theDuties Related Powers and .enforce the UDC in accordance with its administrative provisionsduty of the Community Development Director or their authorized representative to be the There is hereby established the office of the Community Development Director. It shall Creation Community Development Director B. responsible for the administration of this UDC.and public bodies the organization, powers, and duties of the offices This Section describes Purpose A. ODIES B MAKING -ECISION D EVIEW AND R Section 60.500.020 \] Decision made by City Engineer.5\[ or an information meeting. Meetingdevelopment -Pre\] A Site Development Plan proposing development of four or fewer residential units does not require a 4\[ Public Meeting rather than Public Hearing is required.\[3\] landmark designations shall be reviewed by the Heritage Preservation Commission rather than the Planning Commission.removal of HPO \[2\] Official Zoning Map Amendments that involve designation of HPO landmarks or landmark districts or City Council AppealsZoning Board of CommissionPreservation Heritage Commission Planning DirectorDevelopment Community MeetingDevelopment -Pre MeetingInformation Neighborhood Posted Mailed Published Making Bodies-Review and Decision Submittal -Pre NoticePublic UDC Section Procedure Public Hearing= \] \[ Y = Yes R = Review D = Decision A = Appeal Summary Table of Review Procedures 1-500.01Table 277 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.500.020A making Bodies-Review and Decision Section 60.500.020 Procedures and Administration: Chapter 60.500 Commission members shall serve without compensation. c. All members shall be appointed by the Mayor with the approval of the City Council. b. . 9-2Chapter under Rochester Code of Ordinances organizedestablished as consisting of nine members, There shall be a Planning Commission a. Creation Planning Commission C. interpretation. the invalidatethis UDC to edwhere the Council has amendshall be valid without limitation on the period of time except An interpretation ceived. consistent with the which must be appropriate permit or certificate applicationfile the allow the requester to The effect of an interpretation shall be to . Uses and Structures, Unlisted 0.300.010CSection 6 evaluated underUse interpretations shall be ., Boundary Interpretation60.200.020BSection to evaluated underZoning district boundary interpretations shall be the request in writing to the Community Development Director. issued pursuant to it. An individual requesting an interpretation shall submit any ruleuse interpretations, of this UDC, or and , the boundaries of the Official Zoning Map ofmunity Development Director is responsible for making interpretations The Com e. iespart requestingthe applicant and other a copy of the decision to Submit ; andthe decisions of the hearing body within a reasonable timender Re ;decisionhearing, which include the decision on the matter heard and the reasons for the tes of the Council, prepare minuCity hearings before the Except in the case of ;hearing bodyand a summary of action taken by the ,postponement and continuancesnotice, hearings, rforelevant dates such as that includes Maintain a record ;UDS, City Code or other lawas required by this Give notice ;Schedule the matter for review and hearing Director shall:UDC, the Community Development is required by this public hearingWhen a d. . and available for public review in the Community Development Department sublic recordp asules or forms shall be maintained separately , which rregulationsapplicable codes, statutes, and other and UDCresponsibilities consistent with this duties and theirforms, placards, or other material as may be necessary to perform and prescribe such may make such rulesCommunity Development Director The c. 278 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Planning Commission: Section 60.500.020C making Bodies-Review and Decision Section 60.500.020 Procedures and Administration: Chapter 60.500 nominating a successor. less than 45 days remaining, the Mayor may allow the term to expire without City Council to fill the unexpired term of the office. If a vacancy occurs in a term with he When a vacancy occurs, the Mayor shall nominate a successor for approval by t f. shall serve until their successors have been appointed and qualified. year terms. All members -expire. All subsequent appointments will be made for threethe term is scheduled to Each term of office shall expire on December 31 of the year e. year terms. -Heritage Preservation Commission members shall serve staggered three d. economic development. including, without limitation, architecture, construction, legal, real estate, and issues, of avocations and fields engaged in historic preservation efforts and Demonstrated interest and expertise may include experience and interest in a variety interest and expertise in historic preservation and must reside within the City. s with demonstrated Heritage Preservation Commission members must be personAll members shall be nominated by the Mayor and appointed by the City Council. c. the two organizations.ongoing business and be present for the purpose of building collaboration between deliberation of voting member. This individual will be included in discussion and-noninclude, if available, a member of Olmsted County Historical Society, who shall be a In addition to the voting members, the Heritage Preservation Commission shall b. f nine voting members. The Heritage Preservation Commission (HPC) shall consist o a. Creation Heritage Preservation Commission D. .Summary Table of Review Procedures 1-500.01Table in to those shown which shall include but not be limited this UDC, administrative procedures as identified in making powers relative to various -The Commission shall have advisory and decision Related to the UDC DutiesPowers and .UDCs ouncil, Charter and thiCCity procedures, which rules shall not be inconsistent with the provisions of the The commission shall adopt a set of rules to govern its own meetings and h. be served thereby.commission whenever the best interests of the city shall remove any members of theayor, with the advice and consent of the council, shall have the authority to MThe g. approval of the City Council. ayor with theMappointment by the Vacancies occurring on the commission shall be filled for the unexpired term by an f. ity Charter.Csubscribe an oath of office as prescribed by the duties, shall take and theirEach member of the commission, before entering upon e. qualifies.and until a successor is appointed and ,three yearsMembers shall serve a term of d. 279 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota CommissionHeritage Preservation : Section 60.500.020D making Bodies-Review and Decision Section 60.500.020 Procedures and Administration: Chapter 60.500 g but not limited to those powers tate of Minnesota, includinsof a municipality in the the governing body those powers and duties available to The City Council shall have all Related to the UDC Powers and Duties City Council F. .Airport Protection Overlay --APO , 60.200.040BSection duties related to the APO district are in Zoning Board of Appeals Additional b. .Summary Table of Review Procedures 1-500.01Table Ordinances Chapter 20, which shall include but not be limited to those shown inadministrative procedures as identified in the Rochester Code of relative to various making powers -shall have advisory and decision Zoning Board of AppealsThe a. Duties Related to the UDCPowers and .Development DirectorCommunity determine its rules of proceeding, a copy of which shall be filed with the embership and shall choose a chair from among its mZoning Board of Appeals The e. No member shall serve more than two consecutive terms. d. representative, who shall serve for a term of one year. ommission CPlanning Members shall serve for a term of three years, except the c. ouncil. City CAll members shall be appointed by the Mayor with the approval of the b. ommission. Planning Cwhom shall be a member of the consisting of seven members, one of Zoning Board of Appeals a. Creation Zoning E. .Summary Table of Review Procedures 1-500.01Table which shall include but not be limited this UDC, ministrative procedures as identified in admaking powers relative to various -The Commission shall have advisory and decision Powers and Duties Related to the UDC .Procedures and Administration Chapter 60.500and related procedures in Heritage Preservation Overlay –HPO 60.200.040CSection ct of its affairs and for the purpose of carrying out the intent of conduThe Heritage Preservation Commission shall follow adopted City policy for the j. appoint from its members various committees.it may deem necessary. The Commission shall have the power to designate and ssion shall elect from its members such officers as The Heritage Preservation Commi i. The Heritage Preservation Commission shall meet at least four times a year. h. guidelines established by the City Council. approved expenses incurred in the performance of their duties in accordance with be compensated for any Members will not receive a salary for their services, but may g. 280 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Zoning Board of Appeals: Section 60.500.020E making Bodies-Review and Decision Section 60.500.020 Procedures and Administration: Chapter 60.500 basis. don a first come, first serveeeting shall be scheduled development M-PreThe Scheduling the Meeting c. year after the meeting date.one eeting is valid for Mevelopment d-A Pre application types.eetings are strongly encouraged for other development Mdevelopment -Pre eeting. Mdevelopment -rePa pate in are required to particidevelopment or industrial ,, commercialuse mixed with five or more units, residentialthat propose development of All applications . ProceduresSummary Table of Review ,1-500.01Table application types, as shown ineeting is required prior to the submission of certain Mdevelopment -rePA :are required as followseetings Mevelopment d-Pre Applicability b. applicant to better prepare the formal application. Staff can offer guidance and information that helps the . studies that may be requiredprocesses and public hearings, and determine public improvements and engineering property zoning and utility availability, identify required development review prior to submitting a formal application for development, to review to meet with Staff eeting is intended to provide an opportunity for the applicant Mdevelopment -rePThe Purpose a. Development Meeting-Pre ctivitiesSubmittal A-Pre B. and requirements beyond the common review procedures.types, and identify additional procedures applicationto specific procedures are applied identify how these common review JSection 60.500.060Kthrough 60.500.040Section type. applicationment Not all common review procedures apply to every develop .Section 60.500.060K through JSection 60.500.040specific review and approval procedures identified in provide the foundation for Section 60.500.030 The common review procedures in this General A. ROCEDURES P OMMON C Section 60.500.030 .Summary Table of Review Procedures 1-500.01Table which shall include but not be limited to those shown inCity of Rochester, and the ordinances of the , the Charter of the City of Rochesterstated in Chapter V of 281 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General: Section 60.500.030A Section 60.500.030 Procedures and Administration: Chapter 60.500 . Neighborhood Information Meetinga schedule Development Directorthe Community in writing that applicant shall request the or (3) above, upon notification that a hearing is required under Section 60.500.030B(2)(b)(2) or , Summary Table of Review Procedures 1-500.01Table Where required by Scheduling the Meeting c. .Revisions to ApplicationsMinor Section 60.500.030D.5included in major revisions to applications is minor and More detail about ation Meeting.additional Neighborhood Inform, the Community Development Director may require an Informational Meetingplans shown at the initial Neighborhood andproject the from changes substantial is revised during the application process to includeapplication the If pay an additional fee. submit the application but will not be required to -applicant will be allowed to rebeen held. Once the Neighborhood information Meeting has been held, the t the application is incomplete until a Neighborhood Information Meeting has thaapplication, notify an applicant that such a determination has been made and Community Development Director will, within 15 days of receipt of an The .material or unexpected impacts on the surrounding area determines that the project the Community Development Director ifbe required Information Meeting may Neighborhood . A Information MeetingNeighborhood a administeruse, commercial, or industrial development are required to mixedpment of residential with five or more units, All applications that propose develo . 1-500.01Table certain application types, as shown inior to the submission of is required pr Neighborhood Information MeetingA When Required b. in a specific project design.community concerns and reactions before substantial time and expense are invested nevertheless encouraged to hold a meeting in order to be aware of potential are Neighborhood Information Meetingto hold a who Applicants the developers on their proposal. toinput and feedbackprovide , and communitytheir (if any) in proposed developmentrequest information about the opportunity to an where development is proposed neighborhood residents of a the to provide is intended held at the applicant’s expense,, Neighborhood Information MeetingThe Purpose a. Information Meeting Neighborhood .requiredwill be meeting year period, a new eeting is not filed within that one Mdevelopment -rePapplication related to the eeting is valid for one year after the meeting date; if an Mdevelopment -rePA 282 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Submittal Activities-Pre: Section 60.500.030B Section 60.500.030 Procedures and Administration: Chapter 60.500 Notice of a hearing shall contain the following information: Notice of a Hearing a. Notice Requirements .onducted as followsce scheduled, noticed, and bthe hearing shall indicates that a public hearing is required,or State Law or City Code , Summary Table of Review Procedures 1-500.01Table Where Public Hearings C. from the date of the Neighborhood Information Meeting. The application for development shall be submitted within 30 calendar days the reason why no change was made.de to the application in response to that concern or concern, any changes maThe summary shall list each concern raised at the meeting, and for each such and location of the meeting, the number of attendees and the topics discussed.application for development shall include a written summary stating the time An .Information MeetingNeighborhood reviewed concurrently by City Council require a single to be are related to a single action or development or that Multiple applications .sNeighborhood Information Meetingproposals at or approve development ,eshall not present, evaluatmay attend but taff S Election Day.on federal holidays, including s orregularly scheduled City Council meetingshall not be scheduled to conflict with eetings Mnformation I Neighborhood located. where the proposed development is , if any exist,sNeighborhood Associationshall also notify Registered Director Community DevelopmentThe proposed development is located. where the ,notify the Registered Neighborhood Association, if one exists, and shall Written Notice, Section 60.500.030C.1.b meeting in accordance withprior to the at least 10 calendar days Neighborhood Information Meetingthe provide a mailed postcard notice of will DirectorCommunity Development The the applicant may be required to select an alternate location. development,s who may be affected by the proposed residentaccessibility, or proximity to based on its design, concerns regarding the choice of meting facility, If the Community Development Director has development is proposed.in which the ,Section 60.400.030M.5.e.2) quadrant of the cityfacility, located in the same The meeting must be held in an accessible cation mailing. business days prior to the notifi fiverequest form at least Information Meeting NeighborhoodThe applicant shall complete and submit a 283 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Public Hearings: Section 60.500.030C Section 60.500.030 Procedures and Administration: Chapter 60.500 .the underlying actioninvalidate not shall requirements notice good faith attempt to comply with the a afternotice or defects in the notice written The failure of a property owner to receive .Community Development Directoraddress is on file with the , unless the is filed nat the time an applicationame is not in the tax records ’s person a notice is not required whenWritten and Effect of Omissions Omissions addresses to which notice was sent. ent Director will keep a list of all of the owners and The Community Developm and ;ity CouncilC application; Any township included within or adjacent to the property subject to the shall be notified; and the tenants of those property owners ownersapplication, provided that no fewer than 50 distinct property subject to theof the property feet350 within occupying property situated wholly or partly affected by the application or owning or of property and tenants All owners provided to:at least 10 calendar days prior to the day of the hearing. Notice shall be Director. Mailed notice shall be sent out by the Community Development prior to mailingtenant mailing addresses obtained no more than 60 days property owner and and sources of ss real property tax record’shall be obtained from the CountyUnless otherwise provided, addresses for a mailed notice required by this UDC Notice Required Written Notice b. written comments may be submitted.verbal or how lication may be examined and when and Where information regarding the app The sections of the UDC that are pertinent to the hearing procedure; and appear and be heard; mayThe interested parties hearing; of the purposeThe assigned by the County Assessor;escription, or the tax map designation designation, a metes and bounds dincluding the use of a map or postal address and a subdivision lot and block the property for which the development permit or other action is pending, description reasonably calculated to inform a person of the location of land, a Where the hearing involves a development application for a specific parcel of The date, time, and place of the hearing; 284 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Public Hearings: Section 60.500.030C Section 60.500.030 Procedures and Administration: Chapter 60.500 .ublic meetingor p hearingate of the first public dthe date on which signs must be posted and the between submit evidence of compliance with these posting requirements he applicant shall Prior to the first public hearing or public meeting date, t (i) nstration of ComplianceDemo the public. visible toplaced so that it is not have street frontage, at least one sign must be If the subject property does , within five feet of the lot boundary. way)-of-(not the public right Signs shall be posted on the subject property. salley ingnot includway, -of-300 feet of linear frontage abutting a public rightfor every sign shall be placed At least one way.-of-from the public rightunobstructed view with an must be visible to the public, sign(s) Posted (iii) ken final action upon has tapublic hearing body final until the the sign(s) and maintaining public hearing,first calendar days prior to the date of the the sign(s) at least 10 The applicant shall be responsible for posting (ii) Community Development Department.be provided by the shallthe signs content ofand (s)signRequired (i) Signs edPost Sign Requirements development application is filed that requires City Council approval. shall be erected on the property where a signagesite public notice -On When Required Site Posted Notice-On d. least 10 calendar days prior to the day of the hearing.at ,state law Minnesota authorized by atformother any or in ,the City of Rochesternewspaper of the official When published notice is required, it shall be published in c. days.lendar caproposed application for at least 10 then the hearing body shall continue the hearing on the time requirements, and a delay will not prevent compliance with statutory or other public hearing, s ability to participate in a ’ed a surrounding property ownerdefect impairthe defect prior to proceeding on the application. If it is found the omission or hearing body, either at or prior to the hearing, the hearing body shall consider is brought to the attention of the ewritten noticany omission or defect in the If 285 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Public Hearings: Section 60.500.030C Section 60.500.030 nd AdministrationProcedures a: Chapter 60.500 the validity of the proceedings. but any errors in such notification will not impair , notificationnot limited to electronic , including but 60.500.030C(1)not listed in above, or in forms fSubsections a through The City may provide additional notice to persons or entities not named in iceAdditional Not f. that the Commissioner receives the notice at least 10 days before the hearing.Minnesota Commissioner of Natural Resources so be sent to the must districtproperties located in the FPO to related public hearings of Copies of notices action. and postmarked within 10 days of finals Natural Resourceof Minnesota Commissionercontrols must be sent to the granting variances or conditional uses under local shoreland management A copy of approved amendments and subdivisions/plats and final decisions and postmarked at least 10 days before the hearing. Resources Natural Minnesota Commissioner of management controls must be sent to the amendments, or conditional uses under local shoreland Protection Permits, Shoreland Copies of notices of any public hearings to consider variances, Notice Requirements for Shoreland DevelopmentAdditional e. Department. Upon removal, all signs shall be returned the Community Development (ii) being withdrawn from consideration. n decision, or within five days of an applicatio the hearing body’s days of from the subject property within five all signs shall removeThe applicant (i) Removing Signs application. impair the validity of the proceedings on the hearing or meeting or the public not prevent the conduct of this failure shall imposed by law, hearing cannot be delayed due to statutory or other time requirements or the impaired the public’s ability to participate in the public hearing, earing body finds that failure to comply has not of the hearing body, the hIf failure to comply with these requirements is not brought to the attention (iii) .requirements imposed by lawsuch delay will not prevent compliance with statutory or other time provided that continue the hearing for at least 10 days impaired the public’s ability to participate in the public hearing, the not provide evidence that any failure to comply with these requirements has . If the applicant does not Section 60.500.030C.1.drequfailure to comply with the treated as Failure to submit evidence shall be (ii) 286 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Public Hearings: Section 60.500.030C 0.500.030Section 6 Procedures and Administration: Chapter 60.500 .Parking Required, Minimum and Maximum Vehicle 1-400.08Table street parking as described in -site off-D zoning district that are not required to provide on-portions of the MXof the City except those districtsin all zoning The following provisions apply Applicability yTraffic Impact Stud b. 4410.4400 as amended. An environmental Impact Statement as required by Minnesota Rules Part effects. ject has the potential for significant environmental t the prodetermines thaEnvironmental Quality Board; or if the Community Development Director 4410.4300 as amended; when required following a petition sent to the An Environmental Assessment Worksheet as required by Minnesota Rules Part nvironmental ReviewE a. application, as applicable.information shall be submitted with an additional he following. Ttype of application eachall forms and information required for The Community Development Director will provide Application Submittal Requirements and ProcessingApplication Submittal D. .Community Development Directorbetween the applicant and the agreement only by writtenfinal decision may be extended The c. .grant or deny the appealthe nature of an appeal, y the application or, if the hearing is in UDC, approve, approve with conditions, or denFollowing a hearing, the hearing body shall, within the time limits imposed by this b. .Section 60.500.030this a public hearing on the application in accordance with the applicable standards in If the application is subject to a public hearing, the applicable review body shall hold a. Conduct of Public Hearing be grounds for appeal of the re, and shall not )s(public hearinga delay of grounds for a delay of application review or errors in postal delivery or newspaper publishing, or for other reasons, shall not be e those were last provided to the City, or due to mail addresses sinc-changes of echanges of address since the latest update to the City real estate records, or due to then the failure of an intended person or organization to receive actual notice due to , Published Notice 0.500.030C.1.cSection 6provided as required by this otherwise led, posted, or published, maiprovides evidence that the required notices were timely f the applicant , iSection 60.500.030C(1)(b.2 and d.2)b aboveExcept as provided in g. 287 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D .030Section 60.500 Procedures and Administration: Chapter 60.500 requirement is waived or modified pursuant to this UDC:Traffic Analysis pursuant to Subsection (a) above, or unless that following, unless the application is required to complete a Rezoning involves any of the where the application or Land Use Plan Amendment, , District Amendment approval, Site Development Plan approval, ZoningLand Subdivision Permit, General Development Plan Major or Minor Traffic Impact Report shall be required for a Conditional Use Permit, A (i) Traffic Impact Report application review process. The acceptability of the analysis shall be determined through the (ii) or more acres.A proposed rezoning to the BP zoning district consisting of seven e. G, LI or SI.-that is zoned MXlarger half acres or -a-and-of threeProposed development for a site d. the existing Land Use Plan designation; orone acre which would permit uses generating higher traffic than A proposed amendment to the Land Use Plan involving more than c. ay or expressway on the Thoroughfare Plan; orfreewpotential to take access within 500 feet of a corridor identified as a A proposed rezoning on a site located along, or which has the b. zoning; orthe most intensive use that could be developed under existing our or at least 1000 more trips per day than trips during the peak hA proposed rezoning that could generate 100 or more directional a. zoning classification. This requirement applies to:accommodate the proposed uses allowed by the requested land use or reasonable time period to safely and conveniently available within a evaluate whether adequate transportation capacity exists or will be Use Plan Amendment requests. The purpose of the analysis is to is required for certain Rezoning and Land A Rezoning Traffic Analysis (i) Rezoning Traffic Analysis Analysis.Traffic Impact Report, or Traffic Design a Rezoning Traffic Analysis, seeking a waiver of the requirements regarding for applicants A scoping meeting with the City Engineer may be scheduled the UDC application to which the analysis relates.ring review of The adequacy of the analysis will be determined du submitted.before the application is complete and containing all required information as approved by the City and must be the criteria of those individual sections, that meet , Subsection bsubject to this for all applicationsrequired is , below)(together the “Traffic Impact Study Requirements” and as further described Traffic Design Analysisor Impact Report, Rezoning Traffic Analysis, Traffic 288 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Section 60.500.030 onProcedures and Administrati: Chapter 60.500 and related requirements on the City’s website may be 60.500.030D.1.bSection mply with this Analysis, or Traffic Design Analysis that does not coAn application required to submit a Rezoning Traffic Analysis, Traffic Impact or refinement of previously completed studies.sure consistency with previous approvals or to identify the need for revision enwhich an earlier traffic analysis study has been completed will be reviewed to determining whether a development application is complete, proposals for approval actions result in the reformulation of plans. As part of the review for ome more specific or to include more detail as development plans becStudies completed at an early stage of development may need to be updated existing conditions in the project area. project, the amount of traffic generated from the development, and the n the location of the appearing on the City’s website, and will depend o criteria, including but not limited to traffic level of service standards, or report shall be determined by standards and analysisThe extent of the Traffic Impact Study Requirements velopment as proposed.deimprovements or that no unsafe or hazardous conditions will be created by the determines that such report is not necessary to determine needed road Traffic Design Analysis may be waived by the City Engineer if the City Engineer Traffic Impact Report, or The requirement to prepare a Rezoning Traffic Analysis, Waivers .modified pursuant to this UDC, unless that requirement is waived or complete a Traffic Design AnalysisTraffic Impact Report will be required to Rezoning Traffic Analysis or a ot require do n thatAll Land Subdivisions and General Development Plans Traffic Design Analysis property zoned BP consisting of seven or more acres.A e. G, LI, or SI consisting of 3.6 acres or more.-A d. adopted Thoroughfare Plan.ay as indicated on the existing or proposed freeway or expresswgrade access opening onto an -an at A development that uses c. daily trips through a single access point; or1,500 or more average A development that may concentrates b. development, 750 or more average daily trips; orthe institution, and which will generate, based on the size of comparable research data published by a public agency or versions of the ITE Trip Generation Informational Report or trips per acre per day or greater, according to most current ration rate of 125 has an average trip gene thatland use type A a. 289 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Section 60.500.030 and AdministrationProcedures : Chapter 6 organization or that involves a local subsidy.public -proposal that is actively being promoted by a unit of local government or quasimay waive the application fee for any Community Development DirectorThe d. shall be taken on any application, subdivision request, or permit.en paid in full, no action Until all applicable fees, charges, and expenses have be c. any other applicable fees. All payments shall be made to the City of Rochester. a complete submittal, Staff shall calculate the total amount of the application fee and opment Department has received application submittal. When the Community DevelFees shall be paid at the Community Development Department office at the time of b. the Community Development Department Office.The official fee schedule shall be available to the public in d from time to time. modifie the city’s schedule of charges and fees which will be adopted by resolution and The applicable charges or fees shall be set forth in permit, or process requiring a fee. ll maintain an official fee schedule on the City’s website for any application, Staff sha a. Payment of Fees that, if approved, would cure or render moot the current violation.the Community Development Director determines that the application is for a project ce of an outstanding violation of the UDC related to the same property, unless a notiapplicant may file an application under this UDC for a property that has received No e. .the City Councilor the Mayor, , Heritage Preservation Commissionlandmark property or landmark district may be filed by the property owner, the or designation of a 2.b, above, an application fand Notwithstanding Subsections 2.a, d. involved.of at least 50 percent of the land signatures of the owners, or their representatives application must include the For amendments to the Official Zoning Map, the c. ssing signatories.interests of the miharm or liability to the and the reason why the application may be processed without application shall document what efforts were made to obtain the missing signatures rty owner, or if one or more such signatures cannot be obtained, the each propeobtained for the signature of a person authorized by Subsection a above must bethere are multiple owners of the property that is the subject of the application, Where b. owner or contract purchaser;evidenced by a letter or document signed by the property interest in the land, asbehalf of the owner, contract purchaser, or other person having a recognized person authorized to submit the application on by a or proposed within the City;recognized property interest in the land on which development is person having a he owner, contract purchaser, or any other t under this UDC shall be submitted byUnless expressly stated otherwise in this UDC, applications, permits, or processes a. Authority to Submit an Application those standards.pon compliance with denied, or the approval of the application conditioned u 290 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Common Procedures Section 60.500.030 Procedures and Administration: 0.500 Chapter 60.500 making body after that body has reviewed, but not yet taken -an advisory or decisiondeficiencies following Staff review, or upon requesting and receiving permission from ompliance cotice of nAn applicant may revise an application after receiving a. Minor Revisions to Applications Analysis. thereceipt of e th15 within applicant the to be provided must missing informationthe determination and of such notice ordinance, of this requirements satisfy the not does Analysis is not complete or the determines City Engineerthe ordinance. If of this requirements the satisfies and Analysis is complete the determines City Engineerthe after considered complete the application shall be , waiver of one or more of those documents is requiredTraffic Impact Report, Traffic Design Analysis, or , alysisAnWhere a g. .Chapter 60.500the procedures and standards of this Staff shall accept the application for review in accordance with ply, and that Subsection e Upon determining that the application is complete, 85.25.the subject property or the applicant exist, pursuant to Code of Ordinances Section all not be reviewed if existing violations of this UDC related to mplete shotherwise cothat is The Community Development Director may determine that an application f. public hearing by any review or advisory body until it is determined to be complete. No application shall be reviewed for compliance with this UDC or scheduled for a e. paid by the applicant in connection with an inactive application shall not be refunded.Any application processing fees submitted to date will be returned to the applicant.e notice, the applicant will be considered inactive, and materials Director transmits thr the date on which the days afte 30missing materials or corrected materials within materials in an application under this UDC, and the applicant does not submit the y Development Director notifies an applicant of missing or deficient If the Communit d. completeness until Staff determines the application is complete. correct the deficiencies and resubmit the application for a determination of shall notify the applicant of the submittal deficiencies. The applicant may DirectorDevelopment the CommunityUpon determining that the application is incomplete, c. been paid.have been satisfied and all required fees have and D Section 60.500.030Blisted in submittal requirements as -No application shall be considered complete until all pre b. application for compliance with applicable review standards of this UDC. particular application, and that has sufficient detail and readability to evaluate the the information and materials required by the City website and this UDC for submittal of . A complete application is one that contains all body applicable to the same propertyby an appointed or elected d is consistent with conditions of previous approvalsan On receiving an application, Staff shall determine whether the application is complete a. Completeness of Application Commission or City Council has taken action on the application.n the application has been held, regardless of whether or not the Planning oNo refunds shall be permitted after a Planning Commission or City Council hearing e. 291 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Section 60.500.030 Procedures and Administration: Chapter 60.500 separate action by the designated hearing body.as stated in this UDC. Each application requires a application individuallyeach and findings that apply to multiple applications shall be subject to the same criteria Two or more applications may be reviewed concurrently. The concurrent review of a. Concurrent Review withdrawal shall be with or without prejudice as the governing body shall decide.Commission, the If a formal application is withdrawn after it is heard by the Planning b. subsequent application. the withdrawal shall be without prejudice and shall have no effect upon any If a formal application is withdrawn before it is heard by the Planning Commission, a. Withdrawal of an Application , and may be subject to additional fees.development Meeting-Prea application requiredinal if the orig development Meeting-Prean abandoned application shall require a . Restarting processing fees related to the application shall be refunded to the applicantno application or those deficiencies, the application shall be deemed abandoned andon of days after notificati 30noted deficiencies within -been resubmitted to address Staffhas not has undergone the applicable review process and application accepted If an Abandoned Applications 60.500.030B.2.bSection to pursuant may require an additional Neighborhood Information Meeting, and requirehall s ,Permitted Minor Modifications 160.500.070A.4Section changes to an application that are not listed in als for proposAll d. such meeting. held and the applicant has satisfied all other requirements of this UDC related to be considered complete until after the Neighborhood Information Meeting has been In such a case, the revised application will not .Section 60.500.030B.2.bpursuant to submitted, the Director may require an additional Neighborhood Information Meeting rties when compared with the application as additional impacts on abutting propeabutting properties, or reduce the amount of open space on the site, or create Change will increase the height of a structure above grade, reduce setbacks from the Community Development Director determines that a Minor If. 160.500.070A.4Section Community Development Director has the authority to approve under include only those types of changes that the applicationchanges to an Minor c. significant substantive changes to the development proposed in the application.constitute only minor additions, deletions, or corrections and do not include making body, as long as they -ions made by Staff, the advisory, or decisionsuggestbe limited to changes that directly respond to specific requests or mustRevisions b. UDC. and submission of a new application for purpose of timelines under state law and this dgment that the revision amounts to a withdrawal of the prior application acknowleSuch revision must be accompanied by an action on, the application. 292 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Section 60.500.030 Procedures and Administration: Chapter 60.500 shall y required by this UDCappointed or elected bodan by of the application review icable any applIf the Director approves any incentives requested in the application, c. as provided in Chapter 60.400.120F. , Heritage Preservation Commission, Planning Commission, or City Council Directorapplicable incentives are made by the Community Development Decisions regarding b. required for approval of an incentive.and criteria procedure decision w andlists the revie Incentives, Section 60.400.120 a. sApproval of Incentive listed in this UDC. applicationwith this UDC, including without limitation those criteria for approval for that type of pliance based on its com applicationapprove, approve with conditions, or deny the maker -eport shall recommend that the hearing board and/or decisionRtaff SThe b. provisions of this UDC and other adopted City, state, or federal regulations.complies with applicable applicationeport indicating whether the Rtaff Sprepare a Community Development Director shall maker, the -hearing board or decisionfor which the Planning Commission or City Council serves as a applicationFor each a. Staff Report DecisionReview and E. . designated authority determines otherwise or deny the application, but the Director’s decision will stand unless the conditionsove it with appr, acts to approve the application designated authorityelected or shall not become final unless and until the the Director’s decision elected body, but and be considered to be part of the application considered by the appointed or shall accompany deny of whether to approve or elected body, the Director’s decision reviewed concurrently with an application that requires approval by an appointed or is being , , Summary Table of Review Procedures1-500.01Table pursuant to be approved by the Community Development Director Where an application that may c. . ModificationMinor and ;Variance Conditional Use Permit; ermit;Pubdivision Major Land S after review;Questions of Land Use Plan conformance that are to be decided by the Council Site Development Plan; lan;Pevelopment Deral Gen Amendment of Official Zoning Map; The following application types may be reviewed concurrently: b. 293 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Review and Decision: Section 60.500.030E Section 60.500.030 Procedures and Administration: Chapter 60.500 comments from evidence submitted with the application, met, based on the determines that the following criteria are The Community Development Director Land Subdivision Permit.Minor , Major Land Subdivision Permit, or Development Distinctive related to the property including but not limited to any approved General consistent with any previous development approvals must beThe application approval by others) Departments or AgenciesReview by Applications Requiring Approval or 20 days Department or AgenciesApprovals by Other Applications Not Requiring 10 days Sign Permits 5 days Housing CertificateRental 10 days DaysBusiness Maximum Number of Permit Type Applications CompleteTimeframe for Action on 1-500.03Table permit or certificate within the following time frames:elopment Director shall either issue or deny a is complete, and a determination that the application Following acceptance of an application the following: if it complies with the following criteria: the Director may approve an application, or approve it with conditions, pursuant to , Section 60.500.060Section of this UDC, in which case the specific criteria listed in or another by Community Development Directorvelopment Approvals De 60.500.060Section no specific criteria for approval of that type of application are listed inProvided that .the Community Development Director shall make the decision whichthe applications for indicates , , Summary Table of Review Procedures1-500.01Tab le by Community Development DirectorDevelopment Approvals a. ., Summary Table of Review Procedures1-500.01Table indicated inject to review, hearings, recommendations, and decisions as shall be sub applicationThe Decision those incentives denied by the Director.elected body required by this UDC shall be based on the application not including requested incentive, and any applicable review of the application by an appointed or y deny the the Director mawill not or may not be able to support those costs, related to the incentive, and that the City’s current budget or budgetary processes obligations to finance operation or maintenance expenses will impose on the City sted in the application any incentive requeapproval of If the Director determines that d. Development Director.approved by the Community be based on the application including all incentives 294 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Review and Decision: Section 60.500.030E Section 60.500.030 Procedures and Administration: Chapter 60.500 to the maximum extent practicable.unding properties any negative impacts on surro mitigateThe application will ; andor Minor Land Subdivision Permit, Major Land Subdivision Permit, Development Distinctive related to the property including but not limited to any approved General approvals The application is consistent with any previous development Modification, Major Modification, or Variance; adopted City regulations, as modified by any previously approved Minor The application complies with all applicable provisions of this UDC and other application, or approve it with conditions if it complies with the following criteria:approve the shall designated authority, the a designated authoritydecided by ria for approval of an application to be f this UDC does not provide specific criteI .typedescribed for each application , of that type of applicationthe criteria applicable to approval approve it with conditions, if it complies withshall approve the application, or authoritydesignated an application, the shall make the decision on designated authorityof this UDC indicates that any or another provision ,, Summary Table of Review Procedures1-500.01Table If a Designated Authorityby to be Made Decisions b. require reconsideration. applicationrevised that changed conditions or changes in the determinesDirector need not be reconsidered unless Community Development were approvedthe portions of the application that application is resubmitted within one year, . If a previously denied D.3Section 60.500.030pursuant to quirednew fee rea denied application and resubmit it, with payment of a revise required actions within the timelines in that development agreement. has performed all he property, tIf subject to a development agreement and ;ng legal action mootthe violation or render the pendiunless the proposed action would result in a correction of , administrative ruleresult of a violation of any federal, state, county, or city land use law or subject to a pending notice of violation or legal action as a not The property is ;Major Modifications, or VariancesModifications, as modified by any previously approved Minor egulations, rCity all applicable provisions of this UDC and other with escompliapplication The s:any required approvals from other bodieand , Departmentreferral agencies, information on file with the Community Development 295 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Review and Decision: Section 60.500.030E Section 60.500.030 Procedures and Administration: Chapter 60.500 of the hearing, unless an extension is agreed to by the applicant.members present when the hearing was held, within 25 days of the close ission shall take action by majority vote of its (iii) revised copy to the applicant.Community Development Director shall make such change or transmit a If there are any changes to the preliminary notice of action, the .Decision Section 60.500.030E.3development permit in the manner provided for by the Community Development Director shall dispose of the Commission,scheduled for review, or following a scheduled review by the Planning If a preliminary decision of the Community Development Director is not (ii) the parcel under consideration.land within 500 feet of, and to at least 50 property owners closet to, evhaSection 60.500.030C, notice shall be sent to all property owners who Prior to the public hearing, in addition to the notice procedures outlined in (i) Planning Commission Decision .conditions, or deny the applicationo grant the application, grant it with recommendation of whether tand make a preliminary Section 60.500.030Dreceived under The Community Development Director shall review any information (i) RecommendationPreliminary additional information.instructions on where to obtain and synopsis of the development, . The notice shall contain a Written Notice, Section 60.500.030C.1.bProposed Action to all persons designated to receive notice as stated in also mail a Notice of The Community Development Director shall (ii) granted by the Community Development Director. unless an extension of up to seven days is requested by the agency and seven days, the referral agency shall be presumed to have no comment, y does not comment within for review and comment. If the referral agencapplication, or appropriate parts of the application, to each referral agency approval, Staff shall, within three days, transmit one copy of the owing acceptance of an application subject to Planning Commission Foll (i) Referral and Notice :additional provisions shall applyshall make the decision on an application, the following Planning Commissionthe indicates that ,, Summary Table of Review Procedures1-500.01Table If Commissionfor Decisions to be Made by the Planning Additional Provisions 296 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Review and Decision: Section 60.500.030E Section 60.500.030 inistrationProcedures and Adm: Chapter 60.500 recreation area shall be developed during the initial phases or during construction of Where a development is to be constructed in phases, landscape area and usable Phased Development six months from the date of the first hearing on the matter. to exceed between the applicant and the Community Development Director, but not The final decision may be extended for a reasonable period of time by agreement d. Community Development Director.application with all required supporting materials, as determined by the completeshall mean a or application For purposes of this Subsection 4, a written request c. days of the notice of appeal.the appeal shall be heard within 60 ,Summary Table of Review Procedures, 1-500.01Table decision is appealed to an appointed or elected body of the City as shown inthe 60 days, and if withinon the application shall make a decision Procedures,, Summary Table of Review 1-500.01Table listed in maker -the decisionof Worship, e or a Place an Adult Entertainment usbut not limited to applications for approval of protected by the U.S. and Minnesota constitutions, including or religion expression requests approval of a use or activity involving freedom of Where an application b. shall make a decision within ,Table of Review Procedures, Summary 1-500.01Table maker shown in-decision, the designated number of daysa be made within included in this UDC Where Minnesota law requires that a decision a. Timeframe for Decision s consistent with the Rochester Comprehensive Plan. ; andto the maximum extent practicableany negative impacts on surrounding properties ll mitigateThe application wi ; or Minor Land Subdivision Permit, Major Land Subdivision Permit, DevelopmentDistinctive Development Plan, related to the property including but not limited to any approved General is consistent with any previous development approvals The application Modification, Major Modification, or Variance; adopted City regulations, as modified by any previously approved Minor The application complies with all applicable provisions of this UDC and other if it complies with the following criteria:approve it with conditions shall approve the application, or City Council, the the City Councildecided by If this UDC does not provide specific criteria for approval of an application to be .Decisions by City CouncilMajor ,Section 60.500.040application listed in the decision based on the criteria applicable to approval of that type of shall make City Council shall make the decision on an application, City Councilthe indicates that ,, Summary Table of Review Procedures1-500.01Table If Decisions by City Council c. 297 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Review and Decision: Section 60.500.030E 60.500.030 Section Procedures and Administration: Chapter 60.500 only when the City has confirmed that the remaining financial security is adequate to Any required financial assurances will be released by the City, in whole or in part, c. erform. failure to construct or pUDC after written notice from the City and a reasonable opportunity to remedy the applicant fails to provide those improvements in a timely manner as required by this nts or amenities, or to bring properties into compliance if the Financial security will only be used by the City to complete required public and b. activity into compliance with this UDC or any development permit or approval. rovements or amenities or to bring the operations of the approved structure or impto ensure that the City will have adequate funds on hand to complete the required , the applicant may be required to provide financial security to the City land alterationsInterim Use Permits related to , or yQuarr or Gravel Excavation,related to Sand thosemitigate impacts of activities approved under this UDC, including but not limited to private improvements or amenities, or to comply with continuing obligations to required by this UDC or other City regulation to complete or install any public and is applicantUnless otherwise provided in this UDC or another City regulation, if the a. Financial Assurances body takes formal action to attach that condition to a development approval.making -making body unless and until the decision-by the decisionreflect actions statutes, or regulations. Discussions of potential conditions to mitigate impacts do not intent to impose any condition that would violate the federal or state constitutions, discussion of potential conditions shall be deemed an attempt or conditions, and no making body may consider alternative potential -During its consideration, the decision c. individualized determination of impacts.the anticipated impacts of the proposed development, as shown through an rtional both in nature and extent to shall be roughly propo applicantsa public entity in an amount that is not calculated according to a formula applicable to to dedicate land or pay money to n applicantAny condition of approval that requires a b. UDC.by City Council, and this intent of the Comprehensive Plan, other plans adopted the City. Such conditions may include those necessary to carry out the purpose and the proposed use or development or shall be based upon standards duly adopted by related to the anticipated impacts of All conditions of approval shall be reasonably a. as follows. applicationmay condition approval of the Summary Table of Review Procedures,, 1-500.01Table in listed application n-related provisions on the City website, the decisionthat does not comply with this UDC and n applicationAs an alternative to denying a Approval fConditions o zing alternative timing of those improvements.authoriresidential floor area, unless the City has approved a development agreement -included in that phase relative to the total number of dwelling units and total nonresidential floor area -each phase in proportion to the number of dwelling units and non 298 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Review and Decision: Section 60.500.030E Section 60.500.030 Procedures and Administration: Chapter 60.500 Decision Actions and Limitations-Post F. s own expense.’record at the individualand circumstances. An individual shall be entitled to make copies of the ,acesplAn individual shall have access to the record of the proceedings at reasonable times, e. The findings and order shall be included in the record. d. to the person identified thereon, or otherwise disposed.the exhibits may be released Act (Minn. Stat. § 15.17)under the Records Retention , provided they are not required to be retained period has expired, at which timeuntil after the applicable appeal Community Development Directorretained by the shall be the recordproponent or opponent. Exhibits received into on behalf of a marked to show the identity of the person offering the same and whether presented item of physical or documentary evidence presented and shall have the items The hearing body shall, where practical, retain as part of the hearing record each c. hearing body.Testimony shall be transcribed if required for judicial review or if ordered by the b. responsible party.ared by the Minutes of the proceedings before the hearing body shall be prep a. Record of Proceedings attached to the decision.approval of deny the proposed application and any conditions approve or The decision to c. ; andwithout conditionsor deny an application with or The reasons supporting a conclusion to approve b. ;reviewedA statement of the applicable criteria and standards against which the proposal was a. :sinclude thatThe hearing body shall prepare findings of fact and an order Findings and Order .Section 60.500.030E.8application under this address any other items related to the design, execution, or potential impacts of an ween the City and the applicant, and to identify any public incentives or agreements betinfrastructure or amenities through financial guarantees or phasing agreements, to on or off site or service agreements, to ensure the timely completion of any required ities over time through infrastructure financial, operations, and management responsibilmore development agreements to address the phasing of development, to assign , one or subject to City Council approvalThe City may require an applicant to execute, Development Agreements comply.onstruct or protect the City from damage or liability for any remaining obligations to c 299 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Section 60.500.030 Procedures and Administration: Chapter 60.500 or ,prescribed time limit. A decision means any decision, order, requirementin making a decision, including failure to make a decision within the body or public The basis for such an appeal may be any alleged error of an official days of a decision.business may file an appeal within 10 applicant aggrieved by a decision An Appeal b. appellant.applicant and the toa copy of the findings mailorder. The body must conclusions of law and and appellate public hearing, adopt its findings of fact,reviewing body must, within a reasonable time following the close of the The action.hearing body, the body must set forth its findings and state its reasons for its or Community Development Director decision that reverses a decision of the decision that is under review. When the reviewing body modifies or renders a or ,irementor modify in whole or in part the determination, requ ,affirm, reverseFollowing the close of the appellate public hearing, the reviewing body may and for due cause shown. Development DirectorCommunity District Court of Olmsted County, with notice to the by theor by a restraining order issued appeal body otherwise than by an order of the imminent peril to life or property. In such case, proceedings shall not be stayed opinion, cause theircertificate, a stay would, in zoning by reasons stated in the that yappeal bod the Community Development Directorunless An appeal shall stay all proceedings in furtherance of the action appealed from, .Procedures, Summary Table of Review 1-500.01Table as stated inadministrative body may be appealed to a higher UDCDecisions made in the administration of this Appeals of Availability and Effect a. Appeals a copy of the notice to the applicant. sendd shall the permit, anconclusions based thereon, along with any conditions imposed upon the issuance of Director shall prepare a written Notice of Action containing findings of fact, and the ase of all other permits required by this UDC, the Community Development In the c d. application form may be used to transmit the notice of action.housing permits, and sign permits, the rental In the case of zoning certificates, c. .Actions and LimitationsDecision -Post Section 60.500.030F.2describe the right of appeal pursuant to The notice shall indicate the date when the decision will take effect and shall b. final disposition of the application. The Community Development Director shall notify the applicant in writing as to the a. 300 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Section 60.500.030 Procedures and Administration: Chapter 60.500 ,Summary Table of Review Procedures, 1-500.01Table specified inThe Zoning Board of Appeals shall hear appeals on applications as Types of Applications the Zoning Board of Appeals toAppeals Conduct of Appeals e. respect to any appeal.erein shall not impair the validity of the public hearing with defect or omission thRequired notices are for the convenience of adjoining property owners and any Development Director.is pending and direct further inquiry to the Community or public body tices shall advise that an appeal from an administrative officer record for tax purposes or an occupant of each separately owned adjoining Director shall within the same period of time by mail give notice to an owner of issuance of a permit, the Community Development will considerIf the appeal rnment.Other affected officers and agencies of the City gove The City Attorney; and already an interested party:office delivery to the following where they are not -appealed; and by interthe hearing to the appellant, and/or the official whose decision is being f acting on behalf of the Appeal body, shall give notice of the time and place oAt least 10 days prior to the hearing, the Community Development Director, Hearing of Appeal Notice d. .violated or not appliedthat was the Rochester Code of Ordinances is UDC or thspecific provisions of basis for the appeal including, as applicable, the state or federal law, or The ); and, or basis for being aggrievednoticeapplicant (i.e., applicant, adjacent landowner, owner of record receiving seeking review in relation to the Identification of the status of the person the decision;e reviewed, including the date of An identification of the decision sought to b All applications for an appeal shall contain: ebsite.waccompanied with the applicable fees as shown on the City and available on the City websiteAll appeals shall be in writing on forms c. .this UDCinterpretation which the official or body has the power or duty to make under 301 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Section 60.500.030 and AdministrationProcedures : Chapter .rroror in ewas correct ’s decision Community Development Directorthat the in order to determine whetherUDC interpret the language of theBoard of Appeals shall strictly Zoning or determination, the ,decisiondecision with respect to an appeal from any order, In rendering a (vii) whom the appeal is taken.Board of Appeals has all of the powers of the official from Zoning the , purposethis Forits opinion ought to be made under the circumstances. or determination that in ,ll make any order, requirement, decisionand shamodify the order, requirement, decision, or determination appealed from Board of Appeals may reverse or affirm, in whole or in part, or Zoning The (vi) include the vote, abstention from voting, or absence of each member. shall also ing Board of Appeals Zonvery decision of the The record of e (v) stipulate the facts or waive these requirements. Zoning Board of Appeals based upon evidence or testimony unless the party or parties before the Findings as to the existence or nonexistence of crucial facts shall be (iv) hearing; andCommunity Development Director and at the appellate public y the appellant and any other person to the motions submitted bAll exhibits, materials, pleadings, memoranda, stipulations, and hearing;the Community Development Director and at the appellate public The evidence submitted by the appellant and any other person to Director;the Community Development A factual report prepared by record. The appellate record shall include: The Zoning Board of Appeals shall base its decision upon the appellate (iii) documents or testimony related to those records. original hearing body, but may be supplemented by additional before the decision on appeal shall be based on the record of the proceedings Unless otherwise provided in this UDC, City Council review of the (ii) competent, relevant, and material.conclusions of law, and upon substantial evidence or testimony which is and ,minutes with respect to the specific appeal, findings of factin its appeal decisions based on Board of AppealsZoning The (i) and Findings riteriaAppeal C .Development Directorinterpretations of this UDC made by the Community appeals of 302 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Common Procedures Section 60.500.030 Procedures and Administration: 60.500 Chapter 60.500 : period unless otherwise noteddevelopment, recording, or other filing, as applicable must begin within the validity Use, .periods shown belowid only for the and variances are val ,Permits, certificates b. Council for disposition.City permit issued in error, begun construction, the matter shall be referred to the void and of no effect. Where a landowner has, in good faith and in reliance upon a shall be null and UDCA permit or license issued in conflict with the provision of this a. pprovalsAUDC Validity of to the appellant and applicant, to the District Court.he decision ) days of deliver of t0(3 thirtyhas the right to appeal, within decision, After all appeals have been exhausted, any person or persons aggrieved by a to District Court sAppeal application.ve notice under the requirements applicable to the original permit to receiNotice of the public hearing shall be mailed to all property owners entitled (iii) .ethe evidencsummary of or a The transcript of the previous hearing if available d. previous and appellate public hearings; andby the appellant and any other person at the motions submitted and ,All exhibits, materials, pleadings, memoranda, stipulations c. the previous and appellate public hearings;The evidence submitted by the appellant and any other person at b. ;DirectorCommunity Development A factual report prepared by the a. appellate record shall include:shall base its decision upon the appellate record. The City CouncilThe (ii) .documents or testimony related to those recordsadditional , but may be supplemented by before the original hearing bodythe record of the proceedings based ondecision on appeal shall be review of the City Council, in this UDCUnless otherwise provided (i) Appeal Criteria and Findings Summary Table of Review Procedures., 1-500.01Table The City Council shall hear appeals on applications as specified in tions toAppeals .UDCpermissible under the strict interpretation of the language of this not are otherwise tconfers rights or privileges on the appellant tha thatshall not render any decision of Appeals BoardZoning he T (viii) 303 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Section 60.500.030 Procedures and Administration: Chapter 60.500 must be initiated within this timeframe.pursuant to the approval or use \[1\] Construction NOTES 180 days Zoning Certificate None Variance 1 year DevelopmentDistinctive None UDC Text Amendment 90 days Permit Temporary 1 year Site Development Plan 180 days Sign Permit 2 years Sign Credit None fficial Zoning Map Amendment)ORezoning ( 2 years Rental Housing Certificate None Public Street Vacation None Official Street Map Adoption Permit yearPlat must be submitted within 1 Final Major Land Subdivision Permit 180 days Lot Line Readjustment 1 year PermitInterim Use 2 years Grading Permit 2 years General Development Plan 1 year Floodplain Development Permit recordingapproval, following 2 years after Final Plat None or Landmark Districtal of Landmark Property vDesignation or Remo None Permit Conditional Use None Adoption or Amendmentand/or Land Use Plan Comprehensive Plan 180 days AlterationMinor –Certificate of Appropriateness 1 year AlterationMajor –Certificate of Appropriateness neNo Annexation of Land Length of Validity ApprovalType of : Expiration of Approvals2-500.03Table 304 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Section 60.500.030 Procedures and Administration: Chapter 60.500 Minor Amendment to the initial development or permit approval.modified to a greater degree than the Director could have initially approved as a any UDC standard being inn included in the existing approval, considered in combination with any approved whenany way that would result, The Community Development Director may not modify the existing approval in Commission, or the Heritage Preservation Commission; andby City Council, the Planning development approval permit that was addedThe Community Development Director may not modify any condition on a during the initial development or permit approval, except that: 60.500.070ASection had been submitted as a request for a Minor Modification pursuant to development application or permit that the Director had the authority to approve if it approve any request for an amendment to an approved has the authority toDirector he Community Development below, t , or dc, Except as stated in Subsection b General – a. owner may apply for amendment of the approval or approval with conditions. propertyFollowing the approval or approval with conditions of an application under this UDC, the Amendments of UDC Approvals and Permits issuance of the permit but before adoption of the amendment.mit, within 90 days, began construction subsequent to the reliance upon the perestablishing the amendment provides otherwise or the applicant, in good faith and in operation of the law on the effective date of the amendment, unless the ordinance t authorized by a certificate or permit, the permit becomes void by developmenis amended to prohibit or change the standards applicable to a UDCIf this f. case in the interest of justice.a particular in amendment should not apply that the City Council determines unlessor otherwise,unless the amendment provides s, licationapppending shall apply to by City Council on first reading that have been approved to the UDC Amendments e. .the obligationof development, unless the applicable unit of government consents to the dischargeany local governmental unit in connection with the to any obligation owedassignee from prior but an assignment does not discharge any ,assignment in writingprovided the assignee has agreed to the ,lessee, or tenant of the property in writing to a purchaser, is assignable , or approvalcertificate ,An approved permit d. .half the length of the initial validity period-time extension of up to one-initiate development under that permit or approval. The Director ligently to that the property owner or holder of the permit or approval is moving didetermines he Community Development Director If tperiod listed in that table. validitytime extension of the -1 above may apply for a one-03-UDC that is listed in Table 500under this , certificate, approval or varianceholder of a permitThe property owner or c. 305 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-Post: Section 60.500.030F Section 60.500.030 Procedures and Administration: Chapter 60.500 for the City of Rochester, as well as all actions to amend an existing Use Plan or Land This process is applicable to all actions to adopt a new Comprehensive Plan a. Applicability amended, in compliance with applicable Minnesota state law.City can be for theway in which an adopted Comprehensive Plan for the City can be adopted, which is also the Comprehensive Plan is to describe the process by which a new Section 60.500.040AThe purpose of this Purpose Adoption or AmendmentLand Use Plan /orandComprehensive Plan A. OUNCIL C ITY C ECISIONS BY D AJOR M Section 60.500.040 .Section 60.500.050A.5.bdescribed in Minor Amendments to Conditional Permit may be reviewed and approved as Conditional Use Permits –Major Amendments f. or permit. initial development application, or City Council to review and approve the designated authorityused by that official, approved the initial development application or permit, using the same procedure , or City Council that designated authorityity official, may only be approved by the Capproved by the Community Development Director pursuant to Subsection a above approved development application or permit under this UDC that may not be ny request for an amendment to an a ,belowf Except as stated in Subsection General – e. Create undue burdens or impacts on adjacent properties. Interfere with the intent and purposes of this UDC; or ermit;pMaterially alter the character of the approved y determine that the changes will not:Plat if theapprove changes to be included in the Final willconsultation with the City Engineer, Community Development Director, in Major Land Subdivision Permit, the If the application is for a minor amendment to an approved Minor Land Subdivision, rmitsSubdivision Pe –Minor Amendments d. .Section 60.500.050A.5.adescribed in Minor Amendments to Conditional Permit may be reviewed and approved as Permits –Minor Amendments c. .Section 60.500.060B.3.b described into a General Development Plan may be reviewed and approved as ifications Mod General Development Plans –Minor Amendments b. 306 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota option or AmendmentLand Use Plan AdComprehensive Plan and/or : Section 60.500.040A Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 indicates public hearing DECISIONCITY COUNCIL RECOMMENDATIONREVIEW & PLANNING RECOMMENDATIONDIRECTOR REVIEW & DEVELOPMENT COMMUNITY .ProceduresCommon , Section 60.500.030Commission and City Council in accordance with he Planning amendment shall be scheduled for public hearings before tadoption or for a Comprehensive Plan Any proposal .applicationby determined to be inconsistent with the adopted Comprehensive Planowner who has filed an application that has been ny propertyA he Community Development Director, T on its own motion, he Planning Commission,T by resolution, an amendment to the Comprehensive plan:Any of the following may propose for the City.Plan a new Comprehensive proposeDevelopment Director, may , or the Community own motionon its the Planning Commissionby resolution, or The City Council, Application, Notice, and Hearing a. 3..D60.500.040ASection modified or supplemented by thisunless 60.500.030Section applicable requirements of shall comply with all an existing adopted Comprehensive Plan amendments to Plan oradoption of a new Comprehensive The AmendmentAdoption or and/or Land Use Plan Procedure for Comprehensive Plan make a finding of consistency possible.is amended to d/or the Land Use Plan anunless and until the Comprehensive Plan permit may not be approved application or , the development Land Use Plan elementor the decides that the application is not consistent with the Comprehensive Planmaker -, and the decisiond or Land Use Plan elementan Comprehensive Planfor approving that application requires consistency with the one criterionWhere an application for a development approval or permit is under consideration, b. Plan.Plan element of the Comprehensive or the Land Use ed Comprehensive Planadopt 307 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Land Use Plan Adoption or AmendmentComprehensive Plan and/or : Section 60.500.040A Major Decisions by City Council 40Section 60.500.0 Procedures and Administration: Chapter 60.500 requirements of Minnesota state law.complies with all applicable to the Comprehensive Plan or Land Use Plan or Land Use Plan, or any amendment The approval of the new Comprehensive Plan b. disability.ly marginalized citizens and citizens experiencing and particularly those of historicalwill protect environment and the health, safety, and welfare of the citizens of the City, is in the best interests of the City, and or Land Use PlanComprehensive Plan to the Land Use Plan, or any amendment sive Plan or The approval of the new Comprehen a. determines that the following criteria are met: Councilthe City to an existing adopted Comprehensive Plan for the City, or an amendment option of a new Comprehensive Plan adThe Planning Commission shall recommend, and City Council may approve, the Adoption or Amendmentand/or Land Use Plan Criteria for Comprehensive Plan hearing on the matter. Development Director, but not to exceed six months from the date of the first y agreement between the applicant and the Communitwritten period of time by final decision for a reasonable City Council may extend the deadline for a The simple majority of the Council must approval. opment, as defined in Minn. Stat. § 462.355, subd. 3, a affordable housing develbe approved by 2/3 of the Council. In the event the amendment is to permit an Unless the amendment is to permit an affordable housing development, it must the criteria in Subsection 4 below., based on proposed adoption or amendmentthis UDC, approve, or deny the Following the hearing, the City Council shall, within the time limits imposed by Conduct of Public Hearing., Section 60.500.030C.2or amendment pursuant to adoption for a Comprehensive Plan proposalhearing on the The City Council shall hold a public resolution to the Planning Commission. days have passed since the Council proposed an amendment by (60)Upon recommendation of the Planning Commission, or after no less than sixty City Council Action c. the criteria in Subsection 4 below.based on proposed comprehensive plan or comprehensive plan amendment, recommend that City Council approve, or deny the imposed by this UDCFollowing the hearing, the Planning Commission shall, within the time limits Conduct of Public Hearing., Section 60.500.030C.2to adoption or amendment pursuant Comprehensive Plan The Planning Commission shall hold a public hearing on the application for a Planning Commission Hearing and Recommendation b. 308 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Land Use Plan Adoption or AmendmentComprehensive Plan and/or : Section 60.500.040A Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONREVIEW & DEVELOPMENT DIRECTOR COMMUNITY ., Section 60.500.030accordance with public hearings before the Planning Commission and City Council in shall be scheduled for to amend the Growth Management MapThe application .as it relates to their propertyner may file an application to amend the Growth Management Map property owfile an application to amend the Growth Management Map, and a mayDirector the Community Development or The City Council, the Planning Commission, Application, Notice, and Hearing b. .60.500.040BSection supplemented by this unless modified or ProceduresCommon 60.500.030Section requirements of comply with all applicable City shall property owners. The by written consent of the agents of the property ownersthe property owners or by may be initiated by petition of management map amendment than 5 acres. A major growth that involves land area greater to the growth management map map amendment is any change A major growth management General a. Amendment of Growth Management Map Major Procedure for . onsapproval or approval with conditimay be recommended for or another application under this UDC Map Amendment n Official Zoning for aan application Map, and may be required to be completed before applications to amend the City’s Growth Management ble to all This process is applica Applicability with applicable Minnesota state law. in compliance Map may be amended from time to time adopted Growth Management the is to describe the process by which Section 60.500.040BThe purpose of this Purpose AmendmentMajor wth Management Map Gro B. c. 309 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major AmendmentGrowth Management Map : Section 60.500.040B Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 with costs covered by the applicant. analysisor a proposed type of land use as evidenced by an objective market available f shortage of land designated ande proposed GMMA will address a Th a. determines that the following the Council, if amendment to the Growth Management Mapan The Planning Commission shall recommend, and City Council may approve MapMajor Amendment of the Growth Management Criteria for hearing on the matter. Development Director, but not to exceed six months from the date of the first period of time by agreement between the applicant and the Community final decision for a reasonable City Council may extend the deadline for a The City Council.Growth Management Map Amendment must be approved by 2/3 of the A Major 4 below.this UDC, approve, or deny the application, based on the criteria in Subsection Following the hearing, the City Council shall, within the time limits imposed by ., Conduct of Public Hearing60.500.030C.2Section pursuant to amendment to the Growth Management Map major The City Council shall hold a public hearing on the application for City Council Action d. ia in Subsection 4 below.conditions, or deny the application, based on the criterimposed by this UDC, recommend that City Council approve, approve with Following the hearing, the Planning Commission shall, within the time limits .Hearing, Conduct of Public Section 60.500.030C.2Annexation of Land pursuant to The Planning Commission shall hold a public hearing on the application for an ing Commission Hearing and RecommendationPlann c. submission. Development Services approval, the project can proceed with application water, streets, parks, fire response times, etc. If the project receives formal City infrastructure including but not limited to storm and sanitary sewer, drinking t Development Services team provided the development will not adversely affecoutlining the request is required. The amendment may be approved by the basis. Following the technical meeting, a formal predevelopment meeting case-by-casew major amendments on a Development Services team will reviewith the Development Services team to review the development proposal. The Prior to application submittal, the applicant shall request a technical meeting 310 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major AmendmentGrowth Management Map : 0.040BSection 60.50 Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 in the City’s adopted Plans. expressedThe proposed amendment is consistent with community goals and policies as g. 12 for the proposed land use.-8 through 2-2 and transportation factors described in Tables consistent with the locational The locational characteristics and transportation features of the site are surrounding land use classifications. 12 are compatible with-8 through 2-category as described in Tables 2 stics of uses in the proposed land use planThe development characteri the plan Primary Transit Network or the anticipated phasing of the PTN identified in Will not compromise the strategies identified in the plan to implement the use and transportation vision f the plan to create an integrated landWill not compromise the direction o the Vision, Principles and Goals of the P2S 2040 Comprehensive Plan and furtherThe proposed Future Land Use Map amendment is consistent with and will help f. of land use the area in question is currently planned for. type The proposed GMMA will not adversely affect the supply of land designated for the e. suitable for urban development. An assessment of natural features on the proposed site has found that the site is d. not adversely effect these infrastructure systems. willject as a result of the proposed GMMA have been considered and the proposed pro to road and transit infrastructure, sewer, water, and electric infrastructure, parks, etc. limitedhe impact of and cost to municipal utilities and infrastructure, including but not T c. improvements to address this potential Adequate Public Facility deficiency.completed to determine the availability of capacity and/or the potential scheduling of in the sanitary sewer subdistrict where the development is proposed should be ewer capacity development in combination with assessment of remaining trunkline s A technical assessment of the sewage generation characteristics of proposed b. 311 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major AmendmentGrowth Management Map : Section 60.500.040B Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Development Director will verify the following: Upon receipt of a petition, the Community ., 60.500.030Section before the Planning Commission and City Council in accordance with Land shall be scheduled for public hearings The application for Annexation of as authorized by Minnesota state law.Property owners may submit a petition for an Annexation of Land by Ordinance Hearing, Notice, and Petition Submission c. .ction 60.500.040B.4.aSe unless modified or supplemented by this Section 60.500.030comply with all applicable requirements of the municipal boundaries of the City shall The procedure to include new lands into b. district boundaries. manner as amendments to the zoning map in the same zoningentered on the be shallapproved annexations statute, and adopted as provided by Minnesota state corporate and extraterritorial limits shall be Amendments to the boundaries of a. Procedure for Annexation of Land Ordinance following receipt of a petition.majority of the landowners within such area. Procedure for Annexation of Land by applicable to petitions for annexation land submitted or signed by a This process is Applicability will consider petitions for annexation of land.by which the City is to describe the process Section 60.500.040B.4.aThe purpose of this Purpose Annexation of Land C. 312 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Annexation of Land: Section 60.500.040C Major Decisions by City Council Section 60.500.040 ocedures and AdministrationPr: Chapter ment of the City;regarding areas for future growth and developThe Annexation of Land is consistent with the adopted Comprehensive Plan a. Annexation of Land, if it determines that the following criteria are met:ing Commission shall recommend, and City Council may approve an The Plann Criteria for Annexation of Land Approval but not to exceed six months from the date of the first hearing on the matter. agreement between the applicant and the Community Development Director, on may be extended for a reasonable period of time by The final decisi the criteria in Subsection 4 below.this UDC, approve, approve with conditions, or deny the application, based on Following the hearing, the City Council shall, within the time limits imposed by .Hearing, Conduct of Public Section 60.500.030C.2Annexation of Land pursuant to The City Council shall hold a public hearing on the application for an City Council Action e. Subsection 4 below.conditions, or deny the application, based on the criteria in imposed by this UDC, recommend that City Council approve, approve with Following the hearing, the Planning Commission shall, within the time limits .Hearing, Conduct of Public Section 60.500.030C.2Annexation of Land pursuant to The Planning Commission shall hold a public hearing on the application for an mmission Hearing and RecommendationPlanning Co d. landowners within and contiguous to the area to be annexed.affected by the proposed Annexation of Land By Ordinance and to all 30 days’ written notice by certified mail will be provided to the town or towns mon Procedures; except that at least accordance with Section 60.500.030 Compublic hearings before the City Council for an annexation ordinance in Following the Planning Commission hearing, the matter shall be scheduled for with Section 60.500.030, Common Procedures.Commission in accordance scheduled for public hearings before the Planningreceived, the Petition for for Annexation of Land by Ordinance shall be If no objections to the Petition for Annexation of Land by Ordinance are municipality which borders the land to be annexed; any other the town board, the county board, and the municipal council of have filed copies of the petition with the Chief Administrative Law Judge, That, within 10 days of submitting the petition to the City, the Petitioners Annexed have signed the Petition;to be That a majority of the property owners of such land proposed 313 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Annexation of Land: Section 60.500.040C Major Decisions by City Council Section 60.500.040 Procedures and Administration: 60.500 Chapter 60.500 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT Attorney prepare an recommendation on the application. A request that the City adoption by the City Council within 60 days of the final Planning Commission ordinance for subsequent City Attorney to prepare an amendment, it shall instruct the If the City Council initiates the Director, Planning Commission, The Community Development initiated by:Amendments to the UDC may be tInitiation of Amendmen a. 3. .60.500.040DSection modified or supplemented by thisunless 60.500.030Section applicable requirements of Amendments shall comply with all Procedure for UDC Text Amendment Approval law.if required by Minnesota , or by a property ownering Commission, or City CouncilPlannthe text of this UDC may only be initiated by the Community Development Director, The provisions of the UDC may periodically be amended or repealed. An amendment to Applicability rezoning. These amendments do not include general welfare of the City.policy, or to advance the amending the text of this UDC to respond to changed conditions or changes in public The UDC text amendment process describes the review and approval procedures for Purpose UDC Text Amendment D. law.provisions of Minnesota state The Annexation of Land complies with all applicable d. suburban in character; andThe property proposed for the annexation is now or is about to become urban or c. expansions of City infrastructure and services on terms acceptable to the City.for required approved City plans or policies, or the applicant has agreed to payand services, or through future expansions of infrastructure and services included in The proposed Annexation of Land is able to be served by existing City infrastructure b. 314 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UDC Text Amendment: Section 60.500.040D Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 hearing on the matter. , but not to exceed six months from the date of the first Development DirectorCommunity the applicant and the agreement between written period of time by final decision for a reasonable Council may extend the deadline for a The the Council will adopt written findings for decision not to adopt. mendment, or deny the application to amend. In the event of a denial, different aon the criteria in Subsection 4 below, amend the UDC as proposed, adopt a nd based ashall, within the time limits imposed by this UDC, City Council he T .Hearing, Conduct of Public Section 60.500.030C.2Text Amendment pursuant to plication for UDC on the ap requirements of the City Charter Section 6.06 act hearing follow thehe City Council shall resolution to the Planning Commission, touncil proposed an amendment by C(60) days have passed since the e Planning Commission, or after no less than sixty Upon recommendation of th City Council Action d. ., based on the criteria in Subsection 4 belowor deny the applicationapprove, amend and , approverecommend that City Council imposed by this UDC, hearing, the Planning Commission shall, within the time limits theFollowing amended. to make a recommendation regarding whether the UDC should be Hearing, Conduct of Public Section 60.500.030C.2UDC Text Amendment pursuant to The Planning Commission shall hold a public hearing on the application for a Planning Commission Hearing and Recommendation c. hearing.each public receives notice at least 10 days before r Minnesota Commissioner of Natural Resources so that the Commissioneproposed amendment and any supporting technical studies, shall be sent to the Prone (FP) subdistricts within the FPO district, together with the text of the (FF), Floodway (FW), or Flood eboundaries or the boundaries of Flood FringIn addition, written notice of any proposed amendment to the FPO district .Development Directorleast 10 days before the date of the hearing scheduled by the Community ion in a newspaper of general circulation at provided by publicatshall be notice for a UDC text amendment for or a proposal to consider application For all Notice and Hearing b. .consideration at the discretion of the City Council and/or Planning Commissionn its own motion. Suggestions are entitled to initiate the amendment oAny individual suggesting to the City Council or the Planning Commission that it ordinance prepared relative to the zone change application. ordinance shall not bind the City Council to subsequently approve any 315 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UDC Text Amendment: Section 60.500.040D Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Commissioner of Natural Resources.hange has been submitted to and approved by the Minnesota The proposed c writing by FEMA; and Agency’s (FEMA) Technical Conditions and Criteria and has been approved in The proposed change complies with the Federal Emergency Management flood risks, the following criteria shall apply:protection of the public from criteria, or other regulation of this UDC related to the In addition, if the application includes changes to the FPO District or any standard, Amendments to FPO District or Flood Protection Regulations b. Adoption of the amendment will be lawful. licies; andComprehensive Plan, or other adopted City plans or poThe amendment accomplishes one or more of the purposes of this UDC, the There is a public need for the amendment; General a. nt to the text of this UDC if it determines that the following criteria are met:amendmeThe Planning Commission shall recommend, and City Council may approve, an Criteria for UDC Text Amendment Approval 316 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota UDC Text Amendment: Section 60.500.040D Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 sting pattern of development in the area, the character of the property, and the the exiCommission examining Planning shall prepare a report for the Development Director Community resolution designating an area in need of orderly annexation, the without designating a zoning district, or within six months after the passage of a joint d that was adopte of Land nnexationAWithin 30 days after the effective date of an e. .thereto, and any amendments 7201, 9Minnesota and Incorporated Areas effective April 1Property designated on the adopted Flood Insurance Rate Maps for Olmsted County, d. .zoning 2-landowner shall request Rmap, the designated as low density residential on the future land use. For any lands the zoning district for the property at the time of annexationidentify shall, the landowner of Land nnexationAIf the landowner initiates the annexation.after days 60zoned H with a hearing to be held within will beresidential, the land that the future use of the property is something other than low density and the future land use plan shows of Land nnexation A If the City initiates the .2-R Section do not require another designation, the land will be zonedand other provisions of this future use of the property is low density residentialand the land use plan shows that the of Landnnexation AIf the City initiates the property.zone the passed on final reading but the ordinance annexing the property can also be passed on final reading prior to the date when the annexation ordinance is . The proposed zoning ordinance shall not Section 60.500.040E this requirements ofproceedings, but shall be subject to the procedure and notice of Land nnexation Aprocess of annexation may be done in conjunction with the Zoning of land in the c. .District Landmarkor Property of Landmark or Removal Designation ESection 60.500.040Fas stated in OverlayHeritage Preservation –HPO ies of the The City Council may amend the boundar b. Section 60.500.040E stated in thisas t,distric Heritage Preservation Overlay –HPO Official Zoning Maphe City Council may amend the boundaries of zoning districts established on the T a. Applicability for the zoning of real property are met. Minnesota lawestablished in and to ensure that the statutory requirements Citythe jurisdictional area of the for the rezoning of real property within application nconsider amechanism for the City to procedure is intended to provide a Amendment) Official Zoning Map Rezoning (The Purpose Amendment)Map Zoning OfficialRezoning ( E. 317 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map : Section 60.500.040E Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT . Community Development Directorhearing scheduled by the at least 10 days before the date of the of general circulation newspaper ain amendments, notice shall be provided by publication Official Zoning Map For all e and HearingNotic b. Commission.Planning or and/Council City the at consideration uggestions are entitled to Sinitiate an amendment on its own motion. Commission that it Planning to the City Council or the ingAny individual suggest ; orproperty owner they are theap for land for which Moning Official Zthe amendment to Council to grant an Cityrequesting owner formally property Any change application. Council to subsequently approve any ordinance prepared relative to the zone shall not bind the City erequest that the City Attorney prepare an ordinancA the application. days of the final Planning Commission recommendation onprepare an ordinance for subsequent adoption by the City Council within 60 If the City Council initiates the amendment, it shall instruct the City Attorney to ;or, Planning Commission, or City CouncilDevelopment Directhe Community T by:be initiated may Zoning Mapthe Official Amendments to Amendment Initiation of a. for Rezoning. applicationon the prior to or concurrently with action have been approved by City Council the General Development Plan shall ,Section 60.500.060Bpursuant to t Plan is required DevelopmenIf a General .Section 60.500.040E.3is modified or supplemented by thunless Section 60.500.030requirements of shall comply with all applicable Official Zoning Map Amendments s for amendments to the Application for Rezoning Procedure to the annexed area until more permanent action can be taken.the protection or implementation of City policies, interim regulations may be applied If the City Council finds it is important to .suitable zoning designation for the propertyland use plan recommendation for the area, and shall include a recommendation on 318 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map : Section 60.500.040E Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 matter.but not to exceed six months from the date of the first hearing on the agreement between the applicant and the Community Development Director, The final decision may be extended for a reasonable period of time by t must be approved by 2/3 of the Council. development core, the amendmenresidential or central -In the event the rezoning is from residential to non Council proceedings.City minutes of the and these findings shall be reflected in the Section 60.500.040E.4in criteriathe pported by findings based on Council shall be suCity Any determination by the ordinance or findings for decision not to rezone.and based on the criteria in Subsection 4 below, amend the by this UDC, the City Council shall, within the time limits imposed (s)Following the hearing .ng, Conduct of Public HeariSection 60.500.030C.2 pursuant torequirements of the City Charter Section 6.06 on the application for rezoning ll follow the haresolution to the Planning Commission, the City Council s(60) days have passed since the Council proposed an amendment by Upon recommendation of the Planning Commission, or after no less than sixty City Council Action d. the Criteria in Subsection 4 below., applicationapprove or deny the recommend that the City Council imposed by this UDC, shall, within the time limits Planning Commissionhearing, the theFollowing ., Conduct of Public HearingSection 60.500.030C.2 Rezoning pursuant tofor applicationshall hold a public hearing on the Commission The Planning ationdd RecommenHearing an CommissionPlanning c. hearing.each public receives notice at least 10 days before so that the Commissioner Minnesota Commissioner of Natural Resourcesto the sent shall be ,any supporting technical studies nt andproposed amendmeh the text of the Prone (FP) subdistricts within the FPO district, together wit(FF), Floodway (FW), or Flood eboundaries or the boundaries of Flood FringIn addition, written notice of any proposed amendment to the FPO district erwise, notice of mail shall not be required.a new ordinance, or oth UDCwhether such revision is made by repeal of the existing , is UDCchanged or amended incidental or as part of a general revision to this to be Official Zoning Map perimeter of the subject property. Where the outer be sent to all owners of land situated wholly or partly within 350 feet of the mailed notice shall to the Official Zoning Map In addition, for any amendment 319 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map : .040ESection 60.500 Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 .instead of those in Subsection a above the following criteria shall apply FPO district,(FF), Floodway (FW), or Flood Prone (FP) subdistricts within the eFlood Fringf ois for an amendment of FPO district boundaries or the boundaries applicationIf the esignationsD nternalIor sBoundarieDistrict Amendment of FPO b. development that would protect those resources.the amendment would provide for beneficial natural or historic resource, and City plans as an important The area includes lands identified on adopted quality and quantity.while preserving habitat and protecting processes that maintain groundwater would provide for beneficial development that maintains typical urban density the amendment as Decorah Edge and The area includes lands identified ; orconsistent with the policies and goals of the Comprehensive Plan interest to rezone to encourage development or redevelopment of the areaThe area has changed or is changing to such a degree that it is in the public ;determined by City Council, as or policies or other adopted City plansgoals of the Comprehensive Plan aligns withPlan, the proposed district better Comprehensive both the present and proposed zoning districts are consistent with theile Wh administrative error;area was originally zoned erroneously due to a technical or The the Comprehensive Plan;area, as presently zoned, is inconsistent with the policies and goals of The one of the following criteria:at least satisfy mustthe amendment , Section 60.500.040E.4.a.1)In addition to the requirements in The proposed amendment does not involve spot zoning. and the neighborhood; and appropriate on the subject property and compatible with adjacent propertiesThe permitted uses allowed within the proposed zoning district will be satisfy all of the following criteria: must The amendment determines that the following criteria are met:if requestrezoning approve a may Council City recommend for approval, and the Planning he tFlood Prone (FP) subdistricts within the FPO district, of FPO district boundaries or the boundaries of Flood Fringe (FF), Floodway (FW), or amendment an If the application is for any amendment to the zoning map other than General a. Approval for Rezoning Criteria 320 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map : Section 60.500.040E Major Decisions by City Council 500.040Section 60. Procedures and Administration: Ch Commissioner of Natural Resources prior to adoption. Minnesota the amendments to the official zoning map, must be submitted to and approved by All amendments to the floodplain provisions of this zoning code, including .through other measures use he intendedlands are adequately protected for tdetermination that the based on the Commissioner’s and 2(b) (a)2 subsectionSpecial exception to sin writing a dapprovehas sota Commissioner of Natural Resources eThe Minn or ;contiguous to lands outside the floodplain e area has been filled to or above the elevation of the regional flood and isTh ; orhe designation is in errorT :demonstrates that applicantThe Commissioner of Natural Resources; and The proposed change has been submitted to and approved by the Minnesota ; andwriting by FEMA Agency’s (FEMA) Technical Conditions and Criteria and has been approved in The proposed change complies with the Federal Emergency Management :unlessremoved from floodplain areas revised or nation shall not be The floodplain desig 321 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map : Section 60.500.040E Major Decisions by City Council Section 60.500.040 Procedures and Administration: apter 60.500 Chapter 60.500 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONCOMMISSION REVIEW & HERITAGE PRESERVATION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT ., Section 60.500.030vation Commission and City Council in accordance with PreserThe application shall be scheduled for public hearings before the Heritage Notice and Hearing b. shall be sent to the commission for its review.s nonbinding comments ’review period. The state historic preservation officeday -Historical Society for a 60historic preservation office of the Minnesota submitted to the state designation shall be landmark district landmark property or An application for a landmark designation.Council, may initiate a or the City ,Mayorthe Commission, the The property owner, Initiation of Amendment a. . E60.500.040FSection supplemented by this unless modified or ProceduresCommon 60.500.030Section requirements of comply with all applicable shall ndmark DistrictLaor Property Landmarkof Removal or Designation or Removal of Landmark Property or Landmark District Procedure for Designation in the City. districtlandmark property or lications to designate a applies to all app Section 60.500.040FThis Applicability structures and districts.o designate historic landmark by enabling the City t Heritage Preservation Overlay –HPO Section 60.200.040Cof is process is intended to implement the provisions Th Purpose District Landmarkor Property of Landmark or Removal Designation F. 322 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or Removal of : Section 60.500.040F Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 y Council shall make its decision, pursuant to the recommendation, and the Citdesignation, the Heritage Preservation Commission shall make its If the application is for removal of a landmark property or landmark district Criteria for Removal b. .Evaluation Criteria for Landmark Designation 0.040C.5Section 60.20Council shall make its decision, pursuant to the criteria in itage Preservation Commission shall make its recommendation, and the City HerIf the application is for designation of a landmark property or landmark district, the Criteria for Designation a. District Landmarkor Property Landmark Designation or Removal of Criteria for nce designating the property including its legal description.copy of the ordinaThe City Clerk shall record with real estate records of the county a certified change or modify the underlying zone classification. on a map as landmarks in the HPO overlay district. This designation shall not he official list and shown Properties designated as landmarks shall be added to t -Post e. but not to exceed six months from the date of the first hearing on the matter.agreement between the applicant and the Community Development Director, reasonable period of time by The final decision may be extended for a minutes of the City Council proceedings.and these findings shall be reflected in the Section 60.500.040F.4the criteria in Any determination by the City Council shall be supported by findings based on adopt written findings for decision not to Rezone.ordinance or deny the application. In the event of a denial, the Council will bsection 4 below, amend the by this UDC and based on the criteria in SuFollowing the hearing(s), the City Council shall, within the time limits imposed application to section 60.500.030C.2, Conduct of Public Hearing. follow the requirements of the City Charter Section 6.06 on the Council shallthe City Upon recommendation of the Heritage Preservation Commission, City Council Hearing and Decision d. riteria in Subsection 4 below.cthe based on deny the application, ove or time limits imposed by this UDC, recommend that the City Council apprCommission shall, within the Heritage Preservation hearing, the theFollowing ., Conduct of Public HearingSection 60.500.030C.2application pursuant to Commission shall hold a public hearing on the Heritage Preservation The Hearing and RecommendationHeritage Preservation Commission c. 323 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or Removal of : Section 60.500.040F ty CouncilMajor Decisions by Ci Section 60.500.040 Procedures and Administration: Chapter 60.500 the previous four years; andproperty for purposes of tax deductions, tax credits, or depreciation over roperty or value assigned to the state, and federal taxes paid upon the pperformed within the previous two years, and documentation of any local, value of the property for tax purposes, value from any appraisal Current value of the property, as evidenced by the current assessed (iii) ayments; Amount owed on the property and annual debt services p (ii) applicant, and person from whom the property was purchased; purchased, and any relationship between the owner of record, the Amount paid for the property, date of purchase, party from whom (i) including: Current level of economic return, reasonable economic return, as evidenced by the following information:proposed for removal are burdened by an economic hardship and cannot earn a be approved if an application demonstrates that the property or properties shall Removal of a landmark property or part or all of a landmark district designation Economic Hardship .feeling, and associationbased on their location, design, setting, materials, workmanship, designation, is no longer intact or sufficient to warrant proposed for removal propertieshe historic integrity of the application demonstrates that t theshall be approved if landmark district designation part or all of a Removal of a landmark property or Reconsideration of Historic Integrity esources. possess a concentration of identified historically significant rno longer in the area proposed for removalThe majority of the properties (iii) ; orplan or physical development, aesthetically or through past eventsnited or linked by their interrelationship, by u longer The properties are no (ii) ; orCriteria for Landmark Designation, Evaluation Section 60.200.040C.5in the criteria o longer meets any of N (i) .removalproposed for properties y or shall be approved if an application demonstrates that the propertdistrict a landmark part of all or from Removal of a landmark district designation Designation., Evaluation Criteria for Landmark Section 60.200.040C.5stated in application demonstrates that the property no longer meets any of the criteriadesignation shall be approved if an property Removal of a landmark eReconsideration of Historic Significanc on reconsideration of historic significance, historic integrity, or economic hardship.Landmark designation may be removed from a property based following standards. 324 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or Removal of : Section 60.500.040F Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 hardship request. demonstrate that demolition by neglect is not the cause the economic repairs on a designated property to support its continued preservation, and having conducted routine maintenance and any necessary major proof ofwho has engaged in demolition by neglect. A property owner shall provide A determination of economic hardship will not be granted to a property owner Any additional data that supports the claim of economic hardship. g property for continued use. After renovation of the existin (iii) After completion of the proposed alteration or demolition; and (ii) In its current condition; (i) two years; or other relevant reports or information: a portion of the property for sale, lease, rental, or occupancy during the last evidence by any appraisal performed in the last two years; any listing of all or Estimated market value of the property in each of the following conditions, as qualifications established by the standards. structure by an architect who meets professional the existingExpert testimony or opinion on the feasibility of rehabilitation or reuse of (iii) comply with the requirements for rehabilitation. removal, and an estimate of any additional costs that would be incurred to construction, alteration, demolition, or Cost estimates for the proposed (ii) rehabilitation. soundness of any building on the property and its suitability for Report from a qualified architect or structural engineer as to the structural (i) be based on: economic return. Assessment of feasibility shall that could earn a reasonableCurrent use of the property and feasibility of alternative uses for the property after debt service, if any, during the same period. three years, and depreciation deduction and annual cash flow before and nses for the previous years, itemized operating and maintenance expeAnnual gross and net income from the property and for the previous three (iv) 325 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or Removal of : Section 60.500.040F Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 .FSection 60.500.060G pursuant toPermit Subdivision Minor Land eligible for approval as a Those divisions of land that are and; Section 60.500.060JReadjustment pursuant to ot Lineeligible for approval as a L activities related to land or lots that areThose -of-for which no major changes to the rightway and -of-rightall of the proposed lots front on a platted or dedicated street because DirectorThose activities exempt from these regulations by the Community Development exempt from regulation by Minnesota Statute Chapter 462; activities Those except for:of Minnesota or City ordinance, statefined as a Subdivision of Land by the or that is otherwise devertical subdivision, creates a new , or thatdevelopable lots or parcels which are 2 ½ acres or less in sizeapplies to all activities that will create Section 60.500.040GThis a. Applicability subdivision activity can proceed.land be required before will also Section 60.500.040Hpursuant to lat approval Pinal . A Fstate lawMinnesota under tplasubdivision is recognized as the preliminary of land and ubdivisionmajor sermit is the initial document authorizing the creation of a Pubdivision Sand Major LA b. services, and are consistent with the adopted Rochester Comprehensive Plan.transportation, utilities, protection of sensitive lands, and the provision of public lated to law, this UDC, and all applicable City and other government regulations renew developable lots within the City comply with all applicable requirements of state rocess is intended to ensure that the creation of Permit pMajor The a. Purpose itMajor Land Subdivision Perm G. 326 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision Permit: Section 60.500.040G Major Decisions by City Council tion 60.500.040Sec Procedures and Administration: Chapter 60.500 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT . Final Plat for the propertythe shall accompany the submittal of Section 60.500.060Iin , as described PermitGrading an approved r Land Subdivision Permit,ajoAfter approval of a M al Plat and Grading Permit RequiredFin d. but not to exceed six months from the date of the first hearing on the matter. , Community Development Directoragreement between the applicant and the The final decision may be extended for a reasonable period of time by .riteria in Subsection d belowthe cbased on this UDC, approve, approve with conditions, or deny the applicationshall, within the time limits imposed by City Councilhearing, the theFollowing Hearing.Conduct of Public , Section 60.500.030C.2pursuant to Subdivision Permita Major Land for applicationThe City Council shall hold a public hearing on the ActionCity Council c. on the Criteria in Subsection 4 below., based licationappapprove, approve with conditions, or deny the recommend that the City Council The Planning Commission shall, within the time limits imposed by this UDC, Planning Commission Recommendation b. ., 60.500.030Section Council in accordance with public hearing before City a for shall be scheduled Subdivision PermitMajor Land for a applicationThe Notice and Hearing a. .Subdivision PermitMajor Land for applicationon the or to or concurrently with action Council priPlan shall have been approved by City , the General Development 60.500.060BSection Plan is required pursuant to . If a General Development 60.500.040GSection supplemented by this unless modified or Section 60.500.030requirements of shall comply with all applicable Permit Major Land Subdivision as for Application ApprovalPermit for Major Land Subdivision dureProce 327 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision Permit: Section 60.500.040G Major Decisions by City Council Section 60.500.040 ocedures and AdministrationPr: Chapter 60.500 city or county ordinance.The proposed land subdivision will not result in a violation of federal or state law or d. Impact Study.or Traffic , and/General Development Plan, Conditional Use PermitThe proposed land subdivision permit is consistent with any approved and applicable c. .to this UDC this UDC has been approved pursuantfor any deviation from the standards in , or Variance, Major ModificationModificationMinor , unless a standards in this UDCThe proposed land subdivision conforms to all b. Comprehensive Plan.adopted The proposed land subdivision is consistent with the a. mit, if it determines that the following criteria are met:Land Subdivision PerThe Planning Commission shall recommend, and City Council shall approve, a Major ApprovalMajor Land Subdivision Permit Criteria for .Section 60.500.040Gchoose to resubmit the Major Land Subdivision Permit application for review applicant may make the necessary changes and proceed to Final Plat, or may such documents. The iance of the approved Permit with affect the complcomprehensive plan or this UDC or related regulations have occurred that changes to the Final Plat may be required where a change in the two years have passed since approval of a Major Land Subdivision Permit, if more than If a development agreement does not extend the development agreement with the City. enter into a to the landowner Phased development proposals require .at one timesuccessively, rather than the whole site of the site develop intends to , in situations where the landowneryears 10permit up to extending the effective period of the land subdivision ,approve a phasing planyear period. The Council may -lat any time within a twoPinal Fproceed to a a landowner to enableermit shall Pubdivision Sand Major LAn approved DevelopmentPhased f. with the development of subdivisions.consistent with the engineering standards adopted by Public Works in conjunction , and must be plans shall be submitted to the City Engineer for review and approvalction facilities, sidewalks and other improvements required by this UDC. Construstreets, traffic control devices, sanitary sewers, storm water facilities, water system consisting of complete construction drawings and specifications of all easements, tion plans, of Minnesota, construc stateby a professional engineer, registered in the or Land Subdivision Permit, the applicant shall have prepared, ajAfter approval of a M Approval of Construction Plans e. .40HSection 60.500.0prior to Final Plat approval pursuant to No land development activity other than grading may take place on the property 328 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision Permit: Section 60.500.040G Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Adequate drainage is provided to reduce exposure of flood hazard; District at or above the regulatory flood protection elevation;a potential building site located outside of the Floodway sEach lot contain manner consistent with this ordinance; sion in a or welfare of the future residents of the proposed subdivi ,safetysevere erosion potential, or any other floodplain related risks to the health, drainage, soil and rock formations with severe limitations for development, the risks of flooding, inadequate The proposed subdivision adequately mitigates Overlay:Floodplain –For any land located within the Special Flood Hazard Area of the FPO p. spillover parking from subdivision residents into surrounding residential districts.vision addresses the need to avoid If located in a residential zoning district, the subdi o. with adopted plans, policies, and regulations.The proposed parks, trail thoroughfares, and open space dedications are consistent n. development. eet, utility, and drainage facilities needed to serve the purpose of constructing the strway and easements of adequate size and dimension are provided for the -of-Rights m. permitted uses on, or the efficient continued development of, adjacent properties.n will not have adverse impacts on the safety or viability of The proposed subdivisio l. in the design of the subdivision. programsin those Range Capital Improvements Programs and the elements listed -Longyear and other -The proposed subdivision has taken into account the current six k. e area in each lot for planned uses.connections, and adequate buildabl vehicle, transit, vehicular, service and emergency access, efficient utility servicemotorized -The lot and block layout provide for safe and convenient pedestrian, non j. or wastewater systems that exceed adopted standards. water,site impacts on the street, drainage, -The proposed subdivision will not have off i. all lots are developable for their designated purposes.The soils, topography and water tables have been adequately studied to ensure that h. traffic service standards.applicable and Connectivity and CirculationSubdivision Level Section 60.400.040Cin adopted transportation plans and is consistent with the street layout standards listed motorized system is consistent with -The vehicular, pedestrian, transit and non g. an or adopted drainage or stormwater policies.Plof the City of Rochester and is consistent with the adopted Stormwater Management The plan for soil erosion and stormwater management meets the adopted standards f. efficient and timely extension to serve future development.elopment and to provide for the normal and fire protection demands of proposed devThe proposed water system and sanitary sewer system are adequate to serve the e. 329 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision Permit: Section 60.500.040G Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 are located and constructed to minimize or eliminate flood damage. ,systemsnd water All public utilities and facilities, such as sewer, gas, electrical, a protection elevation; andindividual building sites no lower than two feet below the regulatory flood The subdivision provides road access both to the subdivision and to the documents; drawings and plattingelevation of all access roads are clearly labeled on all required subdivision District boundaries, the regulatory flood protection elevation and the required For all subdivisions containing land within the Floodway and/or Flood Fringe 330 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision Permit: Section 60.500.040G Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Permit process.ision accurately reflects all changes required by the City during the Major Land Subdivthe plat complies with all applicable provisions of this UDC and Minnesota law and thatauthorized to record the Final Plat, if the Community Development Director determines The application shall be approved or approved with conditions, and the applicant Criteria for Final Plat Approval three phases and ten years for four phases.hasing will be allowed up to six years for two phases, eight years for pwith the City, t agreement Where a final plat for phased development is subject to a developmen Phased Development c. criteria in Subsection 4 below.a Final Plat approval based on the conditions, or deny an application for , approve with shall approveDirector The Community Development b. . GSection 60.500.040Hmodified or supplemented by this unless Section 60.500.030requirements of comply with all applicable Applications for a Final Plat shall a. Procedure for Final Plat Approval may occur.completed before a Zoning Certificate for any activity on the lots shown in those Permits Subdivision Permit that has been approved or approved with conditions, and must be or Land The Final Plat process applies to all lands that are the subject of a Major or Min Applicability subdivision plat meeting the requirements of Minnesota law.documented and recorded in the public land records through the preparation of a s UDC is accurately Permit approved or approved with conditions pursuant to thiThe Final Plat process is intended to ensure that all aspects of a Major Land Subdivision Purpose Final Plat H. 331 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Final Plat: Section 60.500.040H Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 based on the Criteria in Subsection 4 below., or deny the application, amend the official maprecommend that the City Council Commission shall, within the time limits imposed by this UDC, The Planning Planning Commission Recommendation b. ., Section 60.500.030and City Council in accordance with shall be scheduled for public hearings before the Planning Commission Map or amendment of the Official adoption The application for Council.Planning Commission, or City Engineer, Director, City Community Development Map may be filed by the amendment of the Official An application for adoption or and Hearing ,NoticeApplication, a. .60.500.040ISection or supplemented by thisunless modified Section 60.500.030requirements of comply with all applicable shall Map amendment of the Official Applications for adoption or Map Adoption Procedure for Official required by Minnesota Law.the Official Map should be updated, and whenever an update of that map is aspect of any shall apply whenever the City Council determines that Section 60.500.040Ihis T Applicability Minnesota state law. conformance withlocations, names, and details of public streets in the City may be adopted, in map designating the Official Map Adoption process is intended to clarify how the e Th Purpose provisions of this Section and the statute, the statute will apply.between the In case of conflict . 462.359 implements Minnesota Statute Section 60.500.040IThis AdoptionOfficial Map I. 332 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Official Map Adoption: Section 60.500.040I Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Map meets all applicable requirements of Minnesota state law.The b. purposes; andfor future street and highway The lands designated on the Map are needed a. met:it determines that the following criteria are application for adoption of an Official Map ifThe Planning Commission shall recommend, and the City Council shall approve, the Approval for Official Map AdoptionCriteria but not to exceed six months from the date of the first hearing on the matteragreement between the applicant and the Community Development Director, written The final decision may be extended for a reasonable period of time by sion not to adopt.adopt written findings for decimap or deny the application to amend. In the event of a denial, the Council will and based on the criteria in Subsection 4 below, amend the official this UDChearing, the City Council shall, within the time limits imposed by Following the .Conduct of Public Hearing, Section 60.500.030C.2pursuant to amendment of the Official Street Mapfor adoption of the application The City Council shall hold a public hearing on City Council Action c. 333 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Official Map Adoption: Section 60.500.040I Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 ., Conduct of Public HearingSection 60.500.030C.2Vacation pursuant to The City Council shall hold a public hearing on the application for Public Street City Council Action c. application, based on the Criteria in Subsection 4 below.that the City Council approve, approve with conditions, or deny the recommend The Planning Commission shall, within the time limits imposed by this UDC, Planning Commission Recommendation b. ., 60.500.030Section Council in accordance with Vacation shall be scheduled for a public hearing before City or easement The application for Public Street ent. public street or easem50% of the land abutting the petition by owners of at least or by Commission, City CouncilEngineer, Planning Development Director, City may be filed by the Community Vacation or easement Street An application for a Public Hearing Application, Notice, and a. .ISection 60.500.040J modified or supplemented by thisunless 60.500.030Section applicable requirements of shall comply with all easement or Applications to vacate a public street AdoptionVacation or Easement Public Street Procedure for .circulation, or mobilityway or its use for public travel, -of-ownership of the surface of the street or rightdo not affect the designation or City or public way that -of-public street or public rightwithin or outside of a apply to requests to vacate private easements . If does notway-of-or rightor easement to vacate a public street This process applies to all applications Applicability .way-of-rightpublic rify the process for vacating dedicated is to cla ISection 60.500.040Jpurpose of this The rposePu Vacationor Easement Public Street J. 334 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota VacationEasement Public Street or: Section 60.500.040J Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 arcel.pany lot or The vacation of the public street will not deny legally required public access to b. benefit on the City;will confer a public is in the public interest and The vacation of the public street a. complies with the following criteria:Street Vacation if it determines that the application approve with conditions, the Public The Planning Commission shall recommend, and the City Council shall approve, or Criteria for Public Street Vacation Approval K. .but not to exceed six months from the date of the first hearing on the matterDirector, agreement between the applicant and the Community DevelopmentThe final decision may be extended for a reasonable period of time by deny the application based on the criteria in Subsection d below.imposed by this UDC, approve, approve with conditions, or within the time limitsby at least 5 votes of the Council, Following the hearing, the City Council shall, 335 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Criteria for Public Street : Section 60.500.040K by City CouncilMajor Decisions Section 60.500.040 Procedures and Administration: Chapter 60.500 Distinctive in thenot apply that shall or that is to be modified developmentof land, land use, or and density/intensity types similar applicable to , , Development StandardsChapter 60.400in and , Specific Standards-Use, Section 60.300.020 standard ineach shall list The application .Tableinclude any uses not listed in that , but may not Allowed Uses Table Section 60.300.010Bin Table listed or combination of uses usemay include any The application Application a. . J60.500.040LSection ssupplemented by thiunless modified or Section 60.500.030requirements of shall comply with all applicable Development Distinctive s forApplication Approval velopmentDeDistinctive for Procedure district shall be reviewed and approved by City Council. a Distinctive Development application, a zone change to the most applicable zoning Prior to submittal of .Incentives Section 60.400.120 certain types of flexibility pursuant toor by providing the benefits required for , , Flexibility and ReliefSection 60.500.070 tos to UDC standards permitted pursuant any adjustmentwith districts in this UDC ingzoncannot be accomplished through any combination of the base and overlay developmentif the proposed approval Development Distinctive an application formay accept The City tyiApplicabil . Section 60.400.120been granted pursuant to that could have and Incentives Development Standards, , Chapter 60.400standards in relief from otherwise applicable to obtain orSpecific Standards, -Use, 60.300.020Section standards in otherwise applicablein relief from be used simply to obtaprocedure may not DevelopmentDistinctive The re not used.procedure we Development Distinctive thewhat the City would achieve if greater than benefits equal to orto the City providethose developments provided that in this UDCand procedures development that cannot be accomplished through other procedure is to allow landowners to propose DevelopmentDistinctive The purpose of the Purpose DevelopmentDistinctive L. 336 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Distinctive Development: Section 60.500.040L Major Decisions by City Council Section 60.500.040 ationProcedures and Administr: Chapter 60.500 . 60.500.060CSection for the Distinctive Development pursuant to Development Plan(s)The Community Development Director shall review and approve the final Site decision. itsimposed by the City Council as part of that incorporates any changes or conditions Section 60.500.060B pursuant to(s) for each portion of the property e and submit a Site Planshall preparthe applicant application Development Distinctive of theFollowing approval Site Plan(s) Required e. but not to exceed six months from the date of the first hearing on the matter. ent between the applicant and the Community Development Director, agreemwritten The final decision may be extended for a reasonable period of time by below. 4based on the criteria in Subsection imposed by this UDC, approve, approve with conditions, or deny the application the City Council shall, within the time limits or hearings, Following the hearing .Hearing, Conduct of Public Section 60.500.030C.2pursuant to alDevelopment approvDistinctive for a The City Council shall hold a public hearing on the application City Council Action d. application, based on the Criteria in Subsection 4 below.recommend that the City Council approve, approve with conditions, or deny the The Planning Commission shall, within the time limits imposed by this UDC, Planning Commission Recommendation c. perimeter of the subject property. sent to all owners of land situated wholly or partly within 350 feet of the outer mailed notice shall be ,application DevelopmentDistinctive In addition, for any before the date of the hearing. provided by publication in a newspaper of general circulation at least 10 days shall be application DevelopmentDistinctive public hearing on a theof otice N Hearingice and Not b. Development.Distinctive based on the size, complexity, or anticipated impacts of the proposed Development include a General Development Plan Distinctive approval of aThe Community Development Director may require that an application for shall apply., Standards, Development Chapter 60.400and in , Specific Standards-, Use60.300.020Section in applicable standards , theJSection 60.500.040Lidentified for modification in the application and approved ess l. UnDevelopment 337 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Distinctive Development: Section 60.500.040L Major Decisions by City Council Section 60.500.040 ures and AdministrationProced: Ch streets;local residential Will not cause traffic volumes to exceed planned capacities on zoning district: below applicable City standards, and, if located in a Residential streets to be reducedlevel of service on surrounding will not cause the DevelopmentDistinctive The sImpactTraffic f. .to the maximum extent practicable the site ondesirable vegetation existing the the existing topography and preservedareas and open space has For developments involving new construction, the arrangement of buildings, paved Natural Features e. Plan(s).Development required Site in the and mitigated will be addressed on those areas Development Distinctive impacts of thethe or avoided, have been identified and sfloodplainand reas of natural or geologic hazard, such as unstable slopes, sinkholes, A Geologic Hazards d. proposed development.The existing or future planned public facilities in the area are adequate to serve the Capacity of Public Facilities c. . Building Design, 60.400.070FSection in buildings of a similar type and density/intensityfor be required structures, these structures shall provide a greater level of design quality than would use, or industrial includes multifamily, mixed application DevelopmentDistinctive Exceeds Minimum Design Standards b. in Subsection 1 above and the Applicability provisions in Subsection 2 above.Purpose statement the complies with for action as recommended applicationThe Meets Applicability Requirements a. :criteriafollowing the it complies with if DevelopmentDistinctive approval of a for n applicationapprove, aThe Planning Commission shall recommend for approval, and the City Council may Development Distinctive of provalCriteria for Ap signage. street parking, bufferyards/landscaping, recreation areas, exterior storage, and -This includes but is not limited to primary structures, accessory structures, offment approval when a development is proposed across multiple lots. developA Land Subdivision Permit for lot consolidation shall be required prior to 338 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Distinctive Development: Section 60.500.040L Major Decisions by City Council Section 60.500.040 Procedures and Administration: apter 60.500 Chapter 60.500 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT .riteriacfor Use Permit Conditional Section 60.500.050ASee M. Approved by City CouncilConditional Use Permit .Access and Connectivity Section 60.400.040by and density/intensitywith buildings of a similar type for developmentscirculation better than that required vide pedestrian and bicycle access and The proposed development will pro CirculationPedestrian and Bicycle Access and i. .overflow parking into surrounding Residential zoning districtsto avoid ng parkimotor vehicle The proposed development will provide adequate Parking Impacts h. .four months out of the yeara majority of the day for over block sunlight from reaching adjacent properties during but are not limited to include Material negative impacts .(s)Residential zoning districtsurrounding impacts on negativewill not create material proposed structures tion, the heights and placement of For developments involving new construc Height Impacts g. residential streets.Will not create additional traffic during evening and nighttime hours on local Will not generate frequent truck traffic on local residential streets; and 339 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit for criteria.See Section 60.500.050A : Section 60.500.040M Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 bufferyards/landscaping, recreation areas, exterior storage, and signage. street parking, -limited to primary structures, accessory structures, offa development is proposed across multiple lots. This includes but is not when prior to development approval consolidation shall be required A Land Subdivision Permit for lot of the subject property. 350 feet of the outer perimeter situated wholly or partly within be sent to all owners of land application, mailed notice shall Interim UseIn addition, for any of the hearing. at least 10 days before the date newspaper of general circulation be provided by publication in a application shall n Interim Use alic hearing on pub theNotice of Notice and Hearing a. Procedure for Interim Use Permit Approval before a Grading Permit may be approved. an application for an Interim Use Permitrequire , .4.f60.500.060ISection , pursuant tod disturbing activities that the City Engineer determinesAll lan b. months.any use that is not permitted in that zoning district for a period longer than 12 Residential zoning districts for -Use or Non ll proposed uses of property in the MixedA a. :This Interim Use Permit process applies to Applicability ensive Plan.with the Comprehconsistent will be term use -Comprehensive Plan under conditions that ensure its longResidential zoning districts to be used for purposes that may not be consistent with the -Use and Non Permit process is intended to allow property in MixedThe Interim Use Purpose Interim Use Permit N. 340 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : 0 Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Permit period.be used for purposes inconsistent with the Comprehensive Plan after the Interim Use nd to impacts on surrounding properties during the Interim Use period or allow the lasubstantial adverse activity will not create include financial assurances) that the applicant has given the City adequate assurances (which may , the Use Permit, require an applicatioSection 60.500.060I.2.cdetermines, pursuant to If the application related to land disturbing activities that the City Engineer e. ; andthe continued existence of those structures) at the end of the interim use periodand any structures related to the interim use be removed (unless the City consents to terminated to ensure that the Interim Use will bethat such assurance are necessary if the Community Development Director determines financial assurance adequate he applicant has provided , tFinancial Assurances Section 60.500.030E.7Pursuant to d. nomic life longer than the term of the Interim Use Permit;structure with a useful ecoThe application does not involve or require the construction of any permanent c. Director;which the interim use is located, as determined by the Community Development in the zoning district most similar to that in , cific StandardsSpe-, Use60.300.020Section The proposed use complies with all applicable standards for that use listed in b. property is located;ing district where the Permitted or Conditional Use of the property allowed in the zon, except that the interim use of the property need not be a 60.500.030E.3.a.3)Section and the criteria in of Ordinances Code Rochester of the Registration, 5, Rental Unit -Chapter 7The application complies with all applicable provisions of a. e the application, or approve it with conditions, if it complies the following criteria: approv allhPlanning Commission shall recommend approval, and the City Council sThe Criteria for Interim Use Permit Approval but not to exceed six months from the date of the first hearing on the matter. applicant and the Community Development Director, agreement between theThe final decision may be extended for a reasonable period of time by the criteria in Subsection d below.this UDC, approve, approve with conditions, or deny the application based on ty Council shall, within the time limits imposed by Following the hearing, the Ci ., Conduct of Public HearingSection 60.500.030C.2pursuant to Usefor an Interim ld a public hearing on the application The City Council shall ho City Council Action c. application, based on the Criteria in Subsection 4 below.recommend that the City Council approve, approve with conditions, or deny the The Planning Commission shall, within the time limits imposed by this UDC, Planning Commission Recommendation b. 341 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Interim Use Permit: Section 60.500.040N Major Decisions by City Council Section 60.500.040 Procedures and Administration: Chapter 60.500 Floodplain District Overlay, the Community Development Director shall confirm that –Before approving or approving with conditions a Conditional Use Permit in the FPO d. Council shall make a decision, based on the criteria in Subsection 4 below.make a recommendation, and the City this case, the Planning Commission shall In Decisions by City Council Section 60.500.030E.3.c provisions ofindicates the use may only be approved by City Council, the 1-300.02Table If c. , and the decision shall be based on the criteria in Subsection 4 below.applyshall also Authority by to be Made Decisions Section 60.500.030E.3.bprovisions of he t, approved by Planning Commission is1 indicates the use -300.02If Table b. .Section 60.500.030E.3.a.3)ng but not limited to , includiProceduresCommon Section 60.500.030to reviewed and a decision made pursuant Conditional Use Permit shall be for approval of a application nA a. Approval Conditional Use PermitProcedure for expansion of an existing conditional use.is also required for modification or mitPerConditional Use Approval of a new . TableAllowed Uses 1-300.01Table in approval or City Council Commission approvalidentified as requiring Planning for the establishment of land uses shall be required Conditional Use PermitA Applicability is provided for anticipated impacts. ionty of such uses with surrounding areas and that adequate mitigatto ensure compatibiliof traffic generation, and/or requirement of a large land area. This procedure is intended proposed land uses that are generally characterized by infrequency of use, high degree procedure provides a mechanism for the City to evaluate Conditional Use PermitThe Purpose .Allowed Uses Table 1-300.01Table Commission and those that may only be approved by City Council, as indicated inThis process applies to both Conditional Use Permits that may be approved by Planning Use Permit Conditional A. UTHORITY A ESIGNATED D ABY EARING H A EQUIRE R HAT T ECISIONS D Section 60.500.050 The date or event that will terminate the use can be identified with certainty. f. 423 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A Decisions That Require a Hearing by a Designated Authority Section 60.500.050 Procedures and Administration: Chapter 60.500 deviation has been approved by the City.Variance permitting that Minor Modification, Major Modification, or unless a ,Section 60.300.020 pplicable to the proposed use inSpecific Standard a-Useany but not limited to, including or zone district in which the property is locatedapplicable UDC regulations or other City adopted regulations applicable the use fails to comply with all Site Development Planpplication or related aThe applicable to the property; and/orGeneral Development Plan approval or DevelopmentDistinctive limitation any use or development approvals for the property, including without previous more one or with fails to complyor related Site Development Plan applicationThe application will create significant negative environmental impacts on the The ;or similar public facilities water,storm drains, the sewers, sanitary and or will impose undue burdens on surrounding areathe the use will create significant negative impacts on of The operation ;vehicular/vehicular conflicts-non ingminimiz whilestreet parking area that serves the use -way and off-of-customer/tenant ingress/egress of the building, including from a public righty provide pedestrian access to an does not Site Development PlanThe ;the site will create hazards to safety or will impose a significant burden upon pedestrian circulation on orand vehicular ,ehicular loading, unloading, parkingV impacts.create any of the following negative that the proposed use will not determines if it Conditional Use Permitapprove a shall 1, -300.02or the City Council, as indicated in Table Commission The Planning General a. ApprovalConditional Use Permit Criteria for parking, bufferyards/landscaping, recreation areas, exterior storage, and signage. street -includes but is not limited to primary structures, accessory structures, offdevelopment approval when a development is proposed across multiple lots. This r to A Land Subdivision Permit for lot consolidation shall be required prio f. .decision es after thy10 da inMinnesota Commissioner of Natural Resources withFloodplain District Overlay shall be sent by mail to the –Permit in the FPO conditions a Conditional Use each decision approving or approving with ofA copy e. on measures.itectopr dfloodproofing and floohas obtained all required state and federal permits related to applicantthe 343 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A ng by a Designated AuthorityDecisions That Require a Heari Section 60.500.050 Procedures and Administration: Chapter 60.500 have been met:ve a Conditional Use Permit if it determines that the following additional criteria approshall , 1-300.01Table Planning Commission or the City Council, as indicated inthe ,Shoreland District Overlay –SDO If the application relates to property in Shoreland --SDO Criteria for Approval in al Addition c. of the flood waters expected at the site.The expected heights, velocity, duration, rate of rise, and sediment transport emergency vehicles; andThe safety of access to the property in times of flood for ordinary and nagement program for the area;and maThe relationship of the proposed use to the comprehensive floodplain plan development anticipated in the foreseeable future;The compatibility of the proposed use with existing development and proposed use;locations not subject to flooding for the The availability of alternative The need for a waterfront location for the facility; community;The importance of the services provided by the proposed facility to the and the effect of such damage on the individual owner;and its contents to flood damage The susceptibility of the proposed facility and unsanitary condition; contamination,systems to prevent disease, The proposed water supply and sanitation systems and the ability of these the injury of others;may be swept onto other lands or downstream to The danger that materials caused by encroachments;The danger to life and property due to increased flood heights or velocities :60.500.050A.4Section in addition to those in shall be considered he following factorsT related to floor protection and floodproofing. applicant has obtained all required local, state, and federal government permits the d with conditions ifapplication may only be approved or approve The met.Conditional Use Permit if it determines that the following additional criteria have been shall approve a , 1-300.01Table Commission or the City Council, as indicated in, the Planning Floodplain Overlay –FPO the application relates to property in theIf Floodplain District Overlay –Additional Criteria for Approval in FPO b. 344 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A Decisions That Require a Hearing by a Designated Authority Section 60.500.050 res and AdministrationProcedu: Chapter 60.500 site and at access points;-circulation onrized vehicle or pedestrian moto-vehicular traffic, transit vehicle or patron, nonChanges in site design that may create problems or conflicts associated with percent change in building coverage on the lot; ingAn increase or decrease in the floor area ratio result ;percent number of approved dwelling units by more than 10In the case of residential development, an increase or decrease in the and do not include any of the following: in a development agreementny modification of required public infrastructure addressed but do not include a; or change of accessory structures or uses ,the addition, deletionand ;facilities; landscaping materials and placement ;exterior facades ;floor area maximum or minimummaximum lot coverage; ;height ;locationsbuilding modification in but are not limited to include modificationsMinor was approved. permittime the or other circumstances unforeseen at the necessitated by engineering factorss if Conditional Use Permitauthorized to make changes to approved is Director Community Development, the listed belowSubject to the restrictions Minor Modifications a. Modifications to Approved Conditional Use Permits .parking areastreatment systems, watercraft launching and docking areas, and vehicle n, and use of structures, sewage Special provisions for the location, desig ; and3 Wetland Conservation Ordinance-by the City’s 6 and or Hydric Soils based on the USDA Soil Survey as they are administered soils or groundwater supported wetlands on the Decorah Edge overlay Map Decorah Edge A wetland delineation is required for all development that has ;etbacks from the Ordinary High Water LevelS ;accommodate watercraftcompatible in relation to the suitability of public waters to safely rs of watercraft that the project will generate are The types, uses, and numbe site sewage treatment; and-The site is adequate for water supply and on limited;The visibility of structures and other facilities as viewed from public waters is both during and after construction;le pollution of public waters, The prevention of soil erosion or other possib conditions on the site to ensure:A thorough evaluation of the waterbody and topographic, vegetation, and soil 345 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A Decisions That Require a Hearing by a Designated Authority Section 60.500.050 Procedures and Administration: Chapter 60.500 Conditional Use Permit being amended.a.2) above may only be approved through the same process used to approve the Modifications to approved Conditional Use Permits that are not listed in Subsection ationsMajor Modific b. landscaping.Significant change in either the durability or quality of building materials or (iii) ; andof glassing that reduces the visibility in and out of the structure percent either through elimination of glass, or obstruction of more than 10 percent Reduction of transparency at the ground level, by more than 10 (ii) ;approved use the Elimination of one of the major approved elements of the project such as (i) including: approved originally A significant change in the character of the project as ;UDCconformance with the requirements of this -parking does not result in nonstreet parking and loading spaces, unless the reduction in -A reduction in off Inadequate public facilities; 346 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: ASection 60.500.050 Decisions That Require a Hearing by a Designated Authority Section 60.500.050 Procedures and Administration: Chapter 60.500 .Section 60.200.040C.8 described inInterior Standards, as conditions, if it complies with the applicable Secretary of the shall approve the application, or approve it with Heritage Preservation Commission The Approval Alterationajor M –Criteria for Certificate of Appropriateness Subsection 4 below.ria in and the decision shall be based on the critepublic hearing shall be required, rather than a allows for public comment that except that a public meeting apply, shall also ,Designated Authority by Made to be Decisions ,Section 60.500.030E.3.b, the provisions of approval CommissionHeritage Preservation subject tois indicates the use 1-500.01Table If b. .60.500.050BSection unless modified by this ,by Made to be Decisions ,Section 60.500.030E.3.b, including but not limited to ProceduresCommon Section 60.500.030pursuant to be reviewed and a decision made Major Alteration shall –of Appropriateness An application for approval of a Certificate a. Alteration ajorM –Procedure for Certificate of Appropriateness . Exemptions ,Section 60.500.060D.2.bAppropriateness pursuant to those activities that are exempt from the requirement to obtain a Certificate of and Minor Alteration –Certificate of Appropriateness Section 60.500.060Dpursuant to –for those that qualify for approval as a Certificate of Appropriateness rty in landmark district, except designated landmark property or to a contributing propeMajor Alteration is required for all alterations to a –A Certificate of Appropriateness Applicability community.UDC and City regulations designed protect properties historically significant to the s and with all other provisions of thi CSection 60.200.040Historic Preservation Overlay in –of the HPO district, comply with all applicable provisions landmark properties within a contributing landmark property, including designated major any proposed process is intended to ensure that –The Certificate of Appropriateness Purpose Alterationor ajM –Certificate of Appropriateness B. 347 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Alteration –Certificate of Appropriateness : Section 60.500.050B Decisions That Require a Hearing by a Designated Authority Section 60.500.050 ionProcedures and Administrat: Chapter 60.500 .Subsection 4. belowin pursuant to the criteria, ProceduresCommon , Section 60.500.030nning Commission pursuant to Plareviewed and a decision made by the Shoreland Protection Permit shall be An application for approval of a b. regularly scheduled meeting.their next copy to the Planning Commission at 60.500.030F.1 and shall transmit a e of action as required by Section noticDevelopment Director shall prepare a the application, the Community Following the preliminary decision on . preponderance of the evidenceit issuance of the permit by a fair and make a determination of whether the applicant is entitled ion 60.500.030DSectThe Community Development Director shall review any information received under a. Procedure for Shoreland Protection Permit Approval Impact Zone; landin the Shoreor grading oriented accessory structure,-, with the exception of a waterAny structure e. uses;Accessory Agricultural d. width density standards in Section 60.200.040F.4.b.Subdivisions of five or more dwelling units with densities exceeding the minimum lot c. ; , as described in Section 60.200.040F.3.cexceeding four units per suitable acredensities containing five or more dwelling units withResidential development b. a. required by other sections of this ordinance:applications development the following activities on such land, in addition to any other e obtained before conducting any of and requires that a Shoreland Protection Permit bShoreland District Overlay, –applies to all land in the SDO Section 60.500.050CThis Applicability and after development.during bothOverlay District scenic qualities and environmental benefits of the Shoreland protects and enhances the natural , and Section 60.200.040Fall applicable provisions in complies with in a way that Overlay istrictShoreland D –in the SDO buildings and land undeveloped land, redevelopment of previously built sites, or conversions of existing to allow for new projects on is intendedprocess The Shoreland Protection Permit Purpose Shoreland Protection Permit C. 348 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland Protection Permit: Section 60.500.050C Decisions That Require a Hearing by a Designated Authority Section 60.500.050 Procedures and Administration: Chapter 60.500 of the site.protection of adjacent public waterways and do not maintain the natural vegetation site bufferyards and landscaping do not provide adequate -The provisions for on b. oils, and public waterways.existing natural drainage ways, sensitive lands and sdetrimental to the shoreland environment, and will impose undue burdens on and dimensions of the proposed structure will be ,The intensity, location, operation a. with respect to the proposed development: one or more of the following findingsmakes the Planning Commission Overlay, unlessDistrict conditional use in the Shoreland The Planning Commission shall approve a Shoreland Protection Permit authorizing a riteria for Shoreland Protection Permit ApprovalC prior to beginning development activities.applicant must obtain all other applicable approvals, as required by this ordinance, Permit, the ProtectionFollowing approval or approval with conditions of a Shoreland d. Community Development Director. of the , to consider upholding or reversing the preliminary decision60.500.030Section The Planning Commission shall conduct a public hearing, as required by c. 349 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland Protection Permit: Section 60.500.050C orityDecisions That Require a Hearing by a Designated Auth Section 60.500.050 Procedures and Administration: Chapter 60.500 at the site.sediment transport, and/or will increase flow velocities of the flood waters expected the floodplain, will increase increase the rate of rise, will modify the extents of The proposed development will increase flood heights and/or flood duration, will e. modification to allow such deviation has not been secured by the applicant.cable to the proposed use, and a variance or the standards specifically appli, the standards of the underlying zoning district, or Overlay istrictShoreland D –SDO applicable The proposed development does not comply with all d. management problems that may be created by the development.stormwater The project plans fail to provide adequate protection against soil erosion and/or c. ensure permanent protection.The city shall monitor compliance under Section 60.300.040F.11.a.3 to 60.300.040F.11.a.3 to ensure permanent protection.ction dedication. The city shall monitor compliance under Seperpetuity and by use of shared ownership, HOA covenants, or public These protections of the shore impact zone shall be preserved in Standards in Section 60.200.040F.11.a.3. stored consistent with the entirety of the shore impact zone shall be rerooted, woody vegetation, the -been previously cleared or lacks deepexisting state. Where the existing or natural state of the riparian edge has 100% of the Shore Impact Zone must be preserved in its natural or alternative to those detailed in Section 60.200.040F.11.a.2.c&d. , the following vegetation management standards shall apply, which are unitscontaining buildings with four or fewer dwelling subdivisions or residentialF protection.The city shall monitor compliance under Section 60.300.040F.11.a.3 to or other equally effective and permanent means.of deed restrictions, covenants, permanent easements, public dedication, preserved in perpetuity and maintained by use These protections shall be 60.200.040F.11.a.3. impact zone shall be restored consistent with the Standards in Section rooted, woody vegetation, the shore -previously cleared or lacks deepWhere the existing or natural state of the riparian edge has been t. preserved in its natural or existing state, for a minimum of 80 percenThe riparian edge of the lot within the Shore Impact Zone must be .standards shall applythe following vegetation management or industrial developments, units, containing five or more consisting of buildings For residential developments 350 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Shoreland Protection Permit: Section 60.500.050C Decisions That Require a Hearing by a Designated Authority Section 60.500.050 istrationProcedures and Admin: Chapter 60.500 indicates public hearing BOARD OF APPEALS APPEAL TO ZONING DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .0E.3.a.3)conditions, if it complies with the criteria in application, or approve it with Director shall approve the The Community Development a. ApprovalZoning Certificate Criteria for 4 below.ection Subsin , pursuant to the Criteria ProceduresCommon Section 60.500.030and a decision made pursuant to Zoning Certificate shall be reviewed An application for approval of ApprovalProcedure for Zoning Certificate for that activity. constitute a zoning certificate application for a Sound Amplification Permit shall Code, in which case the Community Development Director’s signature on an Rochester MunicipalThe amplification of sound pursuant to Chapter 117 of the .The issuance of a temporary permit construction or alteration of a buildinguse involving the erection, reconstruction, previous establishment of a -The re occupancy; An existing use is changed or modified so as to alter the character of its alteration of a building or structure; uction or or involving the erection, construction, reconstr of a buildingexterior ofuse or appearance Any new use may be established involving a change in the shall be required before:zoning certificate A a. Applicability compliance with UDC requirements.evidencing development to proceed based on information included on the application Zoning Certificates are issued by the Community Development Director to authorize a Purpose Zoning Certificate A. IRECTOR D EVELOPMENT D OMMUNITY C BY PPROVALS A VELOPMENT E D Section 60.500.060 property.downstream to the injury of others or damage to The development poses a danger that materials may be swept onto other lands or f. 351 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Zoning Certificate: Section 60.500.060A Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 period of time.permit total completion of the development for a specified occupancy where conditions beyond the control of the applicant exist which will not approve a conditional certificate of zoning willThe Community Development Director c. .been approvedapprovals has those prior compliance with any conditions attached to ingconfirm ertificateConing Za shall be issued until arianceModification, Major Modification, or VMinor Permit seUonditional Ca use or development authorized byNo b. 352 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Zoning Certificate: Section 60.500.060A Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 any proposed development for which: ,Decorah Edge Overlay -DEO Wetland Conservation and the Except within the than a final subdivision plat.that will be approved under the provisions of a Registered Land Survey rather itional Use Permit or Site Development Plan for a project approval of a CondAny proposed development for which the applicant is required to receive Impact Report.required, and for which this UDC does not require the preparation of a Traffic roposed development for which no new connections to a public street are Any p in Subsections 2.a.1), 2), or 3) for:Development Plan is not required in connection with the types of applications listed Notwithstanding the provisions of Subsection 2.a above, approval of a General d. , if applicable.signatories-any nonthere are why proposed boundaries of the GDP or a statement as to the application shall include the signatures of each property owner included in the In this case, above may file an application to approve a General Development Plan.application listed in Subsection 2.a The owner of property that is not the subject of an c. proposed development or other areas of the City.on the City’s ability to provide adequate infrastructure or public services to the may have significant negative impacts on the surrounding area or that the applicationunder this UDC other than those listed in Subsection 2.a above if Council determines City Council may initiate a General Development Plan in connection with applications b. .Section 60.500.040L.3.a.3) pursuant toif required by the Community Development Director A Distinctive Development, Each Major Land Subdivision Permit; City;Each Rezoning involving more than five acres of land that is not initiated by the ent that is not initiated by the City;Each Comprehensive Plan Amendm City Council action on any of the following types of applications under this UDC:Approval of a General Development Plan is required prior to or simultaneously with a. Applicability site public infrastructure system. -on and offitself, but on adjacent properties and the landowner investigates the broad effects development will have not only on the site The purpose of the General Development Plan requirement is to ensure that a Purpose General Development Plan B. 353 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Development Plan: Section 60.500.060B Development Approvals by Community Dev Section 60.500.060 Procedures and Administration: Chapter 60.500 indicates public hearing BOARD OF APPEALS APPEAL TO ZONING DIRECTOR DECISIONCOMMUNITY DEVELOPMENT will maintain the quality and quantity and with applicable standards in this UDC Provisions for wetlands areas and DEO zoning district Edge Support comply utilities will be available concurrently with development;adequate to ensure that Financial Assurances Section 60.500.030E.7pursuant to made Year Capital Improvements Program, or that other arrangements have been -s current 6’development and such utilities are in the first three years of the Cityextension of utilities to serve the area of the proposed City is planning for the Utilities are available to directly serve the area of the proposed land use, or the reflected in the City’s adopted Capital Improvements Program;The proposed plan makes provisions for planned improvements and streets Plan. The mix of housing is consistent with adopted the Comprehensive ;Access and Connectivity, Section 60.400.040, and Subdivision Standards, Section 60.400.030, and standards in TableAllowed Uses 1-300.01Table for the underlying zoning district as stated in All applicable standards in this UDC are met including the proposed land uses the following are satisfied:shall approve a General Development Plan if Community Development Director The ApprovalDevelopment Plan Criteria for General a. .60.500.040E.3Section by this supplemented unless modified or ProceduresCommon 60.500.030Section requirements of shall comply with all applicable Development Plan approval Applications for a General eneral Development Plan ApprovalProcedure for G subject parcel and abutting property.utility easement is needed to accommodate the orderly development of the way, street or -of-Rochester Comprehensive Plan and for which no new rightconsistent with the land use designation in the adopted zoning is -for reThe Community Development Director has determined that any application appropriate street system or to provide access to adjacent property. need not continue beyond the land to be subdivided in order to complete an t new proposed streets The Community Development Director determines tha Council; General Development Plan has previously been approved by City n activeA 354 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Development Plan: Section 60.500.060B Development Approvals by Community Development Director Section 60.500.060 ministrationProcedures and Ad: Chapter 60.500 .not required to evaluate the impacts of the proposed modificational requirements application submittwaive any willin Subsection a above, and criteria General Development Plan if the Director determines that they comply with the approve amendments to an approved willThe Community Development Director ons to a General Development PlanModificati b. the General Development Plan.drafted based on the development of the property occurring as proposed in General Development Plan. The development agreement must have been the owner and the city for the entire property included in the proposed by A development for which a development agreement has been executed ownership or interest; orownership or interest, and consists of all lands for which the applicant has A development that consists of at least 80 acres in land area regardless of t Program;Improvemensewer or water tower) that has been identified as a project in the Capital remaining service area of a major public facility improvement (such as a trunk A development with adequate public facilities and constituting the entire space that limits the inclusion of otheincluded in an approved General Development Plan, or permanent open streams, or other topographic constraints, existing development, land already level streets, -development bounded on all sides by arterial or higher A development must satisfy one of the following categories of development:require approval of a Major Land Subdivision Permit, the proposed If the eventual platting of the area will . infiltration, and recharge processesnd to protect discharge, interflow, of groundwater recharging lower aquifers a 355 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Development Plan: Section 60.500.060B Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 indicates public hearing BOARD OF APPEALS APPEAL TO ZONING DIRECTOR DECISIONCOMMUNITY DEVELOPMENT development approval when a required prior to site shall be lot consolidation for A Land Subdivision Permit c. approval becomes null and void., or the Development Directorapproved by the Community approval, unless otherwise afterwithin one year beginmust pment Plan approved Site Developursuant to an Development b. Criteria in Section 4 below, pursuant to the Section 60.500.030decision made pursuant to shall be reviewed and a a Site Development Plan An application for approval of a. Approval Site Development PlanProcedure for part of those reviews.review is included as Site Development PlanPlanned Development is reviewed, the application is reviewed, or when the Final Plan for a PlanDevelopment When a Site c. permit.shall occur prior to the issuance of a building lan approvalP b. . DirectorCommunity Development of use on a site, as determined by the schange All ;impervious surfacesn or modification of structures, parking lots and the creation of constructio All ; dwelling duplex, or dwelling home-twin-detached singlea development permit except a that requiresll site development in the City A :review is required for Development PlanSite a. Applicability conflicts.motorized vehicle and pedestrian,and minimize bicycle, ,pedestrian environmentmotorized transportation and transit, enhance the -development, promote use of nonsite improvements so as to promote harmonious relationships with adjacent the siting of structures and related review shall consider Site Development PlanThe b. . UDCin conformance with the standards of this and open spaces are developed ,utilities, streets, parking, circulation systems, yardsand aesthetic development of property and to ensure that new structures, ,functionalintended to promote the safe, is review process Development Planite SThe a. Purpose PlanDevelopment Site C. 356 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota anSite Development Pl: Section 60.500.060C Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 context.traffic calming, pedestrian safety, and other design features appropriate to the licts through the use of appropriate and bicycle conf ,minimizing vehicular, pedestrianproperties will support the safe travel of persons of all ages and abilities by patrons and private vehicles and integration of these facilities with adjacent and ,pedestrians, bicyclists, transit vehiclessite access and circulation design for -On k. property. existing and planned development of adjacentThe proposed development, including its size and density is compatible with the j. to be unnecessary due to the context or programmed improvements. Director Community Developmentmotor scooter parking, unless determined by the patrons to the building entrance(s), bicycle access to designated bicycle parking and The proposed development provides convenient access for pedestrians and transit i. velopment agreement.deThere has been complete compliance with all issues addressed in any applicable h. and Traffic Impact Study approved for the property. ,Plan, Conditional Use PermitThe proposed development is consistent with any approved General Development g. ter management.and stormwa ,access, grading, drainage, erosion controlThe proposed development is consistent with adopted policies and standards for f. by applicable laws and ordinances.and orderly development or improvement of surrounding property for uses permitted rmal The proposed development will occur in a manner that will not impede the no e. and telephone lines) are placed underground. ,electricaltransmission systems (including, but not limited to, water, sewer, natural gas, er practical, indicates all utility service The proposed development, wherev d. zoning district unless a variance is approved.underlying and all development layout satisfies the purpose Site Development PlanThe c. he proposed development complies with all applicable laws and ordinances.T b. The proposed development is consistent with the Comprehensive Plan. a. ollowing.satisfies all of the fif it Site Development Planshall approve a Community Development DirectorThe Approval Site Development PlanCriteria for exterior storage, and signage. bufferyards/landscaping, recreation areas, street parking, -limited to primary structures, accessory structures, offdevelopment is proposed proposed across multiple lots. This includes but is not 357 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Site Development Plan: Section 60.500.060C ity Development DirectorDevelopment Approvals by Commun Section 60.500.060 Procedures and Administration: Ch safety of a building or structure and its inhabitants, the Community In an emergency situation where immediate repair is needed to protect the proposed activity. f the Commission shall make the determination regarding exemption status orequirement for a Certificate of Appropriateness, the Heritage Preservation If there is a question as to whether an activity qualifies as exempt from the -property as seen from offe required work to make properties functional, when it has no visual impact to th-Upgrading of mechanical, electrical, and plumbing systems and other code repair of window glazing or other such minimally intrusive work; andaulking, replacement of fasteners, Routine repair or maintenance such as c plastering similar to the existing finish;-Exterior repainting (color selection), or re appearance; Interior remodeling and modifications that do not affect the external property;fect the external appearance of the Maintenance and repair that does not af Certificate of Appropriateness. The following activities may be performed without the requirement to obtain a Exemptions b. contributing properties in any historic district.-Alterations to non way.-of-land or the rightAlterations not visible from public Replacement or alterations of features that are not character defining. .awnings andReplacement or alteration of s : Minor Alteration is required for–A Certificate of Appropriateness When Required a. Applicability protect properties historically significant to the community.and with all other provisions of this UDC and City regulations designed 60.200.040ESection district, comply with all applicable provisions in landmark properties within a thosealterations to a designated landmark property, including minorany proposed Minor Alteration process is intended to ensure that –The Certificate of Appropriateness Purpose Minor Alteration –Certificate of Appropriateness D. 358 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Alteration –Certificate of Appropriateness : Section 60.500.060D Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: apter 60.500 Chapter 60.500 indicates public hearing COMMISSIONPRESERVATION HERITAGE APPEAL TO DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .Section 60.200.040C.8.ddescribed in the applicable Secretary of the Interior Standards, as conditions, if it complies with The Community Development Director shall approve the application, or approve it with Approval inor AlterationM –Criteria for Certificate of the Criteria in Section 4 below. pursuant to , Section 60.500.030pursuant to Community Development Directorand a decision made by the Minor Alterations shall be reviewed –Certificate of Appropriateness An application for approval of –Procedure for Certificate of itage Preservation Commission action.prior HerDevelopment Director and Building Official may approve the alteration without 359 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Alteration –ficate of Appropriateness Certi: Section 60.500.060D Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 indicates public hearing BOARD OF APPEALSZONING APPEAL TO DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .Section 60.500.030E.3.a.3)Code and the criteria in Municipal Rochester if it complies with all applicable provisions of Section 38.05 of the conditions, The Community Development Director shall approve the application, or approve it with Certificate ApprovalHousing Rental Criteria for in Section 4 below., pursuant to the Criteria ProceduresCommon Section 60.500.030Code and Municipal Rochester pursuant to Section 38.05 of the Community Development Director and a decision made by the Certificate shall be reviewed HousingRental An application for approval of Housing Certificate ApprovalRental Procedure for individual.er or operator to rent any dwelling unit for occupancy by another allowing an ownthe City before the Building and Safety Department may approve a registration certificate Housing Certificate shall be required for each habitable dwelling unit in RentalA valid Applicability s of this UDC and applicable City regulations.city meets all applicable requirementHousing Certificate process is intended to ensure that each rental unit in the RentalThe Purpose Housing CertificateRental E. 360 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Rental Housing Certificate: Section 60.500.060E Development Approvals by Community Development Director ction 60.500.060Se Procedures and Administration: Chapter 60.500 indicates public hearing BOARD OF APPEALSZONING TO APPEAL DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .Section 60.500.030E.3.a.3)It complies with the criteria in b. andTemporary Permits; Section 60.300.020Hstandards in specific -seuIt complies with all applicable a. :conditions, ifThe Community Development Director shall approve the application, or approve it with Permit Approval TemporaryCriteria for Permit. Temporarynew oved activity requires the application for and approval of a continuation of the apprPermit may not be extended beyond 12 calendar months. Any TemporaryA d. period effective for not more than 12 calendar months.Permit shall be in the form of a revocable permit for a TemporaryApproval of a c. .ring the temporary permitty duthe public health and safeDirector may attach such conditions as the Director determines necessary to protect Community Development the , 1Section 60.300.020H listed inIn addition to those conditions b. Criteria in Section 4 below., pursuant to the ProceduresCommon 60.500.030Section Director pursuant to by the Community Development reviewed and a decision made Permit shall be TemporaryAn application for approval of a. Permit Approval TemporaryProcedure for . Allowed Uses Table 1-300.01Table in TemporaryPermit is required for each use listed as a TemporaryA Applicability surrounding properties.der conditions that minimize potential negative impacts on un Allowed Uses Table 1-300.01Table exceed a maximum of 12 calendar months) for purposes permitted in term use of property (not to -Permit process is intended to allow the short TemporaryThe Purpose Permit oraryTemp F. 361 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Temporary Permit: Section 60.500.060F Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 proposed across multiple lots. This includes but is not limited to primary structures, oposed on more than one lot; and/or a development is when a development is prA Minor Land Subdivision Permit shall be required prior to site development approval c. complete the Major Land Subdivision Permit process.require that the applicant willcreated by a Major Land Subdivision, the Director lar to those land, surrounding properties, or City services and infrastructure simiin concert and that the impacts of the series of applications creates impacts on the the Minor Land Subdivision Permit process by the same owner or by owners acting , or that the use of Section 60.500.040GMajor Land Subdivision Permit process in Permit process is being used repeatedly or on related parcels of land to avoid the If the Community Development Director determines that the Minor b. .PermitGrading improvements that will continue to exist following the completion of the , unless the activity will involve the construction of structures or 60.500.060H.4.fSection Activities that are the subject of a Grading Permit pursuant to ; andion 60.500.040GSect Permit pursuant toThose divisions of land that are required to complete a Major Land Subdivision ;Section 60.500.060J Readjustment pursuant toThose activities related to land or lots that are eligible for approval as a Lot Line Those activities exempt from regulation by Minnesota Statute Chapter 462; :except forway are proposed; -of-e rightway and for which no major changes to th-of-street rightall of the proposed lots front on a platted or dedicated Minnesota or City ordinance, of stateLand that creates no more than four new developable parcels by the otherwise defined as a Subdivision of or that is create no more than four new lots,, including vertical as defined in Minnesota state law that will new developable lotsapplies to all activities that will create no more than four Section 60.500.060GThis a. Applicability state law. minor subdivision of land and is recognized as the preliminary plan under Minnesota A Minor Land Subdivision Permit is the initial document authorizing the creation of a b. Comprehensive Plan.ith the adopted Rochester provision of public services, and are consistent wregulations related to transportation, utilities, protection of sensitive lands, and the requirements of state law, this UDC, and all applicable City and other government he City comply with all applicable small numbers of new developable lots within tThe Minor Land Subdivision Permit process is intended to ensure that the creation of a. Purpose Minor Land Subdivision Permit G. 362 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Land Subdivision Permit: Section 60.500.060G Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 indicates public hearing RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT ZONING APPEALSBOARD OF APPEAL TO water policies.Plan or adopted drainage or stormof the City of Rochester and is consistent with the adopted Stormwater Management The plan for soil erosion and stormwater management meets the adopted standards f. efficient and timely extension to serve future development. normal and fire protection demands of proposed development and to provide for theThe proposed water system and sanitary sewer system are adequate to serve the e. city or county ordinance.subdivision will not result in a violation of federal or state law or d. General Development Plan, Conditional Use Permit, and/or Traffic Impact Study.The proposed land subdivision permit is consistent with any approved and applicable c. this UDC has been approved pursuant to this UDC.tion from the standards in Modification, Major Modification, or Variance for any deviaThe proposed land subdivision conforms to all standards in this UDC, unless a Minor b. Plan.The proposed land subdivision is consistent with the Rochester Comprehensive a. e following criteria are met:it determines that thshall approve a Minor Land Subdivision Permit, if Community Development Director The Criteria for Minor Land Subdivision Permit Approval Construction plans shall be submitted to the City Engineer for review and approval.by this UDC. water system facilities, sidewalks and other improvements requiredeasements, streets, traffic control devices, sanitary sewers, storm water facilities, plans, consisting of complete construction drawings and specifications of all f Minnesota, construction o statethe professional engineer, registered in shall have prepared, by a Subdivision Permit, the applicant After approval of a Minor Land c. been obtained., as applicable, has 60.500.060H.4.fSection Permit pursuant toPermit may occur until a Grading in the Minor Land Subdivision No grading of the property included b. , pursuant to the Criteria in Section 4 below. 60.500.030Section a decision made by the Community Development Director pursuant to Permit shall be reviewed and a Minor Land Subdivision An application for approval of a. Procedure for Minor Land Subdivision Permit Approval exterior storage, and signage. street parking, bufferyards/landscaping, recreation areas, -accessory structures, off 363 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Land Subdivision Permit: Section 60.500.060G Development DirectorDevelopment Approvals by Community Section 60.500.060 Procedures and Administration: Chapter 60.500 Any other type of development. j. andAll placement of manufactured homes; i. All new construction and substantial improvements; h. for; bridges), unless a public waters work permit has been appliedand luding new or replacement culvertsRelocation or alteration of a watercourse (inc g. equipment;The placement of fill, excavation of materials, or the storage of materials or f. source;The repair of a structure that has been damaged by flood, fire, tornado, or any other e. of a nonconforming use; The change or extension d. site septic system, or fence, except for a farm fence;-The construction of a dam, on c. The use or change of use of a building, structure, or land; b. conjunction with other planned work, it constitutes substantial improvement;tely or in structure. Normal maintenance and repair requires a permit if, separaThe erection, addition, modification, rehabilitation, or alteration of any building or a. :on such land the following activitiesof any conducting lain Development Permit be obtained before pand requires that a Flooddistrict, Floodplain Overlay –FPO applies to all land in the Section 60.500.060HThis ilityApplicab reduce the risk of damage due to flooding.and with all other provisions of this UDC and City regulations designed to 60.200.040ESection in complies with all applicable provisions Floodplain Overlay –FPO in the Floodplain Development Permit process is intended to ensure that all development The Purpose Permit Floodplain Development H. permitted uses on, or the efficient continued development of, adjacent properties.proposed subdivision will not have adverse impacts on the safety or viability of The h. and adequate buildable area in each lot for planned uses.transit, vehicular, service and emergency access, efficient utility service connections, motorized vehicle, -The lot layout provides for safe and convenient pedestrian, non g. 364 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Development Permit: Section 60.500.060H Development Approvals by Community Development Director Section 60.500.060 edures and AdministrationProc: Chapter 60.500 indicates public hearing BOARD OF APPEALSZONING TO APPEAL CITY ENGINEER DECISION technical or scientific data.g a copy of the relevant by submittinincrease or decrease Base Flood Elevations that changes any physical must notify the Chicago Regional Office of FEMA of supporting information becomes available, the Community Development Director not later than six months after the date such As soon as is practicable, but g. and alterations or additions to structures are floodproofed.structures to which elevation existing structures in the FPO districtoor (including basement) of all new structures and alterations or additions to lowest flThe Community Development Director shall maintain a record of the elevation of the f. provided., provided sufficient documentation is above drequired by Subsection certificationy structures designed in accordance with Section 6.212 are exempt from Accessor e. the flood protection standards and criteria in this UDC.specifically state the manner in which the nonconforming use or structure differs from extended or substantially altered the certificate of zoning compliance shall nonconforming structure is pressures, velocities, impact, and uplift forces. Where a proofing methods are adequate to withstand the flood depth, -certify that the floodA registered professional engineer or architect shall rise for projects in the Floodway. -all submit analysis of noWhere applicable, the applicant shprovisions of this UDC. finished fill and building elevations were accomplished in compliance with the professional engineer, registered architect, or registered land surveyor that the ertification by a registered c submitand Zoning Certificate, the applicant shall Following completion of the activities authorized by a Floodplain Development Permit d. activities listed in Subsection 2 above.fore beginning any of the Permit, the applicant must obtain a Zoning Certificate bet plain DevelopmendFollowing the approval or approval with conditions of a Floo c. Agency (FEMA).submitted to the Chicago Regional Office of the Federal Emergency Management Sec. 103G.245 suffices as adequate notice. A copy of the notification must also be at. communities. Applying for a permit to work in public waters pursuant to Minn. StDirector must notify adjacent the Community Development or relocation of a river or stream, Before authorizing any alteration b. below.to the Criteria in Section 4 , pursuant Section 60.500.030pursuant to City Engineerby the made shall be reviewed and a decision Floodplain Development Permit An application for approval of a. Development Permit Procedure for a Floodplain 365 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Development Permit: Section 60.500.060H Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 Designed in a way that is not detrimental to uses in adjoining areas. f. Designed to provide adequate drainage to reduce exposure to flood hazards; and e. ;at least as high as the regulatory Flood Protection Elevation conditions of floodingprevent water from entering or accumulating within the components during equipment and other service facilities that are designed and/or located so as to nstructed with electrical, heating, ventilation, plumbing, and air conditioning Co d. Constructed by methods and practices that minimize flood damage; c. Constructed with materials and utility equipment resistant to flood damage; b. including the effects of buoyancy;movement of the structure resulting from hydrodynamic and hydrostatic loads, lateralDesigned (or modified) and adequately anchored to prevent floatation, collapse, or a. including the placement of manufactured homes must be:, all construction and substantial improvements Floodplain Overlay –FPO site is in the a proposed building If Permit if the Community Development Director determines that The application may be approved or approved with conditions a Floodplain Development ApprovalFloodplain Development Permit Criteria for 366 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Floodplain Development Permit: Section 60.500.060H ment DirectorDevelopment Approvals by Community Develop Section 60.500.060 Procedures and Administration: Chapter 60.500 BOARD OF APPEALSZONING TO APPEAL CITY ENGINEER DECISION on the criteria in Subsection 4 below.approve, approve with conditions, or deny an application for a Grading Permit based City Engineer shall The b. .Section 60.500.060H.4.for supplemented by this unless modified ProceduresCommon Section 60.500.030applicable requirements of Permit shall comply with all GradingApplications for a a. Approvalng Permit iProcedure for Grad .disturbance activity from City Council before approving the Grading Permitthe Engineer can require that the applicant obtain an Interim Use Permit for the land the Comprehensive Plan, or prepare the land for uses inconsistent with may allowthe proposed grading activities, or in structures that will remain on the land following or will result Grading Permit may have substantial impacts on surrounding properties, ed in an application for a activity proposthe determines that City EngineerIf the c. Installation of utilities not involving other surface grading Excavation of a basement for which a building permit has been issued .Building CodeMinnesota State nder the applicable provisions of the ctivities exempted uA andor property; Activity necessary as an emergency measure for the safety or protection of life ;Agricultural operations involved in crop production ermit:Prading GThe following activities are exempt from the requirement to obtain a b. . agricultural project involving the movement of 50 cubic yards-nonermit shall be required for any Prading G Except as listed in Subsection 2.b below, a a. Applicability .Activities inggradfrom shifting or settling soils or rock formations, and to mitigate the visual impact of to review impacts on drainage patterns, protect ground water supplies, to minimize risks review any development project involving significant changes in land form The City shall Purpose Grading Permit I. 367 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Grading Permit: Section 60.500.060I Development Approvals by Community Development Director Section 60.500.060 ionProcedures and Administrat: Chapter 60.500 d to or from the site.The amount and type of material being move e. and Permanent and interim erosion and sediment control plans; d. ;and quantity ater qualityW c. D b. Restoration and stabilization of cut and fill areas; a. .related toative impacts on surrounding properties federal regulations and has minimized any negdetermines that the application complies with this UDC and all applicable City, state, and City Engineer application shall be approved or approved with conditions if the The ApprovalGrading Permit Criteria for 368 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Grading Permit: Section 60.500.060I Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 indicates public hearing BOARD OF APPEALSZONING TO EALAPP DIRECTOR DECISIONCOMMUNITY DEVELOPMENT it complies with the following criteria: Development Director determines thatThe application may be approved or approved with conditions if the Community Readjustment Approval Lot LineCriteria for ed on the criteria in Subsection 4 below.bas ReadjustmentLot Line application for a nshall approve, approve with conditions, or deny a DirectorCommunity Development The b. .60.500.060JSection supplemented by this unless modified or ProceduresCommon 60.500.030Section requirements of comply with all applicable shall Readjustment Permit Lot LineApplications for a a. Readjustment Approval ot Linefor L Procedure County Recorder’s office is required.Following the approval of the lot line readjustment, a Lot Combination through the d. .FSection 60.500.060Gfollow the Minor Land Subdivision process as described in subdivision. If any parcels are located in a different subdivision, the application must All parcels associated with the application must be within the same recorded c. each parcel of land.This process may be used only once for .requiredaccess is not additional to provide easement or where the dedication of a street does not remove any existing parcels, and that no more than one additional lot or parcel, that creates2 district -Ror 1-R ansubdivision and rearrangement of a single parcel or group of parcels in -A single re b. and; and no parcels are removed ditional lots or parcels are createdparcel, when no adThe rearrangement of existing lot lines for either part of a platted lot or an unplatted a. :Readjustment process applies in the following situations ot Linehe LT Applicability way.-of-and do not require the dedication of additional rightadditional developable lots boundaries of already platted lots or unplatted parcels that create the Readjustment process is intended to allow minor adjustments between Lot LineThe Purpose Readjustment ot LineL J. 369 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Lot Line Readjustment: Section 60.500.060J Development Approvals by Community Development Director Section 60.500.060 Procedures and Administration: Chapter 60.500 of development involving more than three contiguous lots.lot development, or for part or all of a subdivision plat or phase -standards for a multimay not be used to modify UDC related or repeated requests for Minor Modifications for up to three contiguous lots under common or related ownership. Individual or A request for a Minor Modification may only be submitted for a single platted lot, or e. than is permitted by that Section. by an amount larger StandardsExceptions to the Dimensional , Section 60.400.020Gdimensional standard listed in nted to allow any modification of any A Minor Modification shall not be gra d. approved under prior versions of this ordinance. developmentrestricted A Minor Modification request may be used to amend the standards of a c. is required. Section 60.500.070C or a Variance pursuant to Section 60.500.070B Major Modification pursuant toNo request for a Minor Modification may include any type or level of relief for which a b. .Section 60.500.070A pursuant to thisapproval under this UDC except an application for another form of flexibility or relief The ability to request a Minor Modification is available to all applications for an a. icability Appl a material negative impact on surrounding properties.adjustment is due to unusual site conditions and the approved modification will not have dimensional, numeric, and certain other standards of this UDC where the need for the small modifications of The Minor Modification procedure is intended to allow relatively Purpose Minor Modification A. ELIEF R LEXIBILITY AND F Section 60.500.070 ., Building Codeof Ordinances, Chapter 4.1 CodeRochester . See processapplications to erect or modify a sign through the Building Permit yThe City reviews an Sign Permit K. . 60.500.060GSection review and approval as a Minor Land Subdivision Permit, as described in shall be subject to ,after January 1, 1992) known as a Type I Land SubdivisionReadjustment (formerly ot LineL awas subdivided or modified through thator parcel subdivision of any lot -The re tment application or decision.Readjus ot Lineprevious LNo lot or parcel included in the application has been the subject of or included in a c. .of the resulting lotsto any utility servicesrequired to provide access or adequate shall be of way -or rightsss easements or general utility easements, drainage easements, acce No additional b. ,StandardsDimensional on 60.400.020Sectishown in zoning district in which it is located, as meet the minimum dimensional requirements for the Each of the res a. 370 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Sign Permit: Section 60.500.060K Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 indicates public hearing BOARD OF APPEALSZONING TO APPEAL RELATED APPLICATIONINCLUDED IN DECISION ON DIRECTOR DECISION COMMUNITY DEVELOPMENT approve only those Minor Modifications listed in this Section.irector may , and the Community Development DSection 60.500.070A.4listed in this be submitted only for the types of adjustments may uest for a Minor Modification A req Permitted Minor Modifications pursuant to this UDC. after a final decision on that permit, approval, or authorization has been made decision on the permit, approval, or authorization that includes the Minor Modification as grounds for appealing the Section 60.500.070Adecision may list a violation of this ized to file an appeal of the Director’s . An individual or organization authorattachedmay not be appealed separately from the decision on the application to which it is The Community Development Director’s decision on a requested Minor Modification d. Minor Modification decision separately.er the Council shall be made on the application as a whole, and shall not reconsidincorporated as part of the application, and the decision of the appointed body or City , the decision of the Community Development Director shall be Review Proceduresmary Table of Sum, 1-500.01Table by an appointed body or City Council pursuant to When the application that contains a request for Minor Modification is to be decided c. .Section 60.500.070A application for a Minor Modification meets the criteria in thisDirector shall make a decision as to whether an The Community Development b. sought.shall include citation of the standard(s) of this UDC from which modification is consideration in conjunction with the primary application type. The written request submitted in writing, for UDC. The request(s) shall be s permits or approvals under thithe application for other types of Modification shall be included in Instead, a request for a Minor procedure under this UDC. Modification is not a separate Review of a request for a Minor a. Procedure for a Minor Modification Approval .Section 60.500.070Bation pursuant to ModificModification, the Director may require that the applicant instead apply for a Major surrounding properties similar to those that would require approval as a Major may result in impacts on the Minor Modifications included in a single application of or combinationthe number If the Community Development Director determines that f. 371 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Modification: Section 60.500.070A Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 NOTES Section 60.500.070A.4.bSee All requests Relief under Religious Land Use and Institutionalized Persons Act Section 60.500.070A.4.aSee All requests Housing ActReasonable Accommodation under federal Fair 60.400.070FSection standard requirements of development of comparable quality to to facilitate infill, redevelopment, or the Community Development Director To the extent determined necessary by Building design Building Design 2 ft. Sign height 10% Sign area %20 reduction Usable recreation area 10% Bufferyards (minimum width) %20 \[1\]reduction Landscape area Development Standards 10% Building length (maximum) 10 ft. All other 5 ft. Residential maximum)or Building height (minimum Building Standards 15% Rear setback (for primary or accessory structures) %20 Minimum sum of side yards %20 Side setback (for primary or accessory structures) 15% Front setback (minimum or maximum) Lot Dimensional Standards 25% Lots of 3,000 sq. ft. or smaller 15% Lots larger than 3,000 sq. ft. Lot width (minimum) 25% of 3,000 sq. ft. or smallerLots 15% Lots larger than 3,000 sq. ft. Site Standards Potential Maximum Modification Code Standard 1 Standards Subject to Minor Modification-Table 500.07 372 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Modification: Section 60.500.070A Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 . on 60.400.060FSectiCompliance option described in \[1\] Requests for more other variations from landscape requirements may use the Alternative Equivalent s attached to the approval of the modification; impact will be mitigated by conditionWill have no material adverse impact on any abutting lots, or any material adverse b. ; or is generally consistent with the Comprehensive Plan that is not common to other lots, uses, or buildings in the surrounding areabuilding Addresses an unusual site constraint or unusual requirement of the proposed use or a. Community Development Director finds that the modification: A requested Minor Modification may be approved or approved with conditions if the riteria for ApprovalC district.activity unless the UDC permits secular assembly under similar terms in that zoning in a zoning district where this UDC prohibits such use or accessory use, structure, or ous assembly use, or any uses, structures, or activities accessory to it, allows a religicircumstance shall the Community Development Director approve a modification that Religious Land Use and Institutionalized Persons Act of 2000, as amended. In no iminate substantial burdens on religious exercise as guaranteed by the Federal elThe Community Development Director may grant minor modifications in order to Religious Land Use and Institutionalized Persons Act (RLIUPA) b. any reasonable accommodations approved. ousing Act, the need for reasonable accommodations, and the authority for Haccompanied by written findings of fact as to the applicability of the Fair areas. The decision of the Community Development Director shall be requirements of the Federal Fair Housing Act with fewer impacts on adjacent of accommodation would satisfy the concludes that a different formif the Director accommodation different from that requested by the applicantThe Community Development Director may approve a type of reasonable street parking requirement by no more than one space. -Reduce any off cent; or landscaping requirement by no more than ten perModify any facility spacing, building setback, height, lot coverage, or Modification or a Variance: to provide reasonable accommodations without the need for a Major ake any of the following actions in order Development Director is authorized to treasonable accommodations be made for such housing, the Community provided and the portions of the Federal Fair Housing Act that require that In response to a written application identifying the type of housing being ActReasonable Accommodations Under the Federal Fair Housing Amendments a. 373 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Modification: Section 60.500.070A Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 state or federal law.Shoreland District Overlay, or any requirement of -Section 60.200.040F SDOrlay, or Floodplain Ove-Preservation Overlay, Section 60.200.040E. FPOHeritage -A change to any standard or criteria in Section 60.200.040C HPO procedure described in this UDC. or through any other Section 60.400.120an incentive as described in A change to a development standard that has already been modified through facilities;Requirements for public roadways, utilities, or other public infrastructure or ; A deviation from adopted engineering standards A deviation from building or fire codes; Institutionalized Persons Act;with the federal Fair Housing Amendments Act or the Religious Land Use and where the property is located, unless required for compliance zoning district applicable to any use in the Section 60.300.020Specific Standards in -Useor Conditional Uses, or the allowed mix of uses, or the A change in Permitted Does not result in: d. development of the property by the Planning Commission or the City Council; andDoes not violate any conditions of approval that may have previously been applied to c. 374 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Minor Modification: Section 60.500.070A Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 of development involving more than three contiguous lots.lot development, or for part or all of a subdivision plat or phase -standards for a multid or repeated requests for Major Modifications may not be used to modify UDC relatefor up to three contiguous lots under common or related ownership. Individual or A request for a Major Modification may only be submitted for a single platted lot, or e. the combined requests shall be treated as a request for a Major Modification.case reviewed as Minor Modifications if they were requested separately, but in that or a Major Modification may include related requests that could have been fA request d. . existing nonconforming use, or to expand an ved under prior versions of this ordinancerestricted A Major Modification request may be used to amend the standards of a c. is required. Section 60.500.070C riance pursuant tothe Community Development Director determines that a VaNo request for a Major Modification may include any type or level of relief for which b. .Section 60.500.070approval under this UDC except an application for another form of flexibility or relief The ability to request a Major Modification is available to all applications for an a. Applicability red for a Variance under Minnesota law. requiring the level of practical difficulties requiflexibility to adjust UDC standards (other than permitted or conditional uses), without Major Modifications are intended to provide greater . Section 60.500.070A described inthe extent of variation allowed by a Minor Modification as different in kind than,, or certain other standards of this UDC that are greater thandimensional, numeric, and The Major Modification procedure is intended to allow for adjustments or deviations from Purpose Major Modification B. 375 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 indicates public hearing DECISION ON RELATED DECISION INCLUDED IN PLANNING COMMISSION RELATED APPLICATIONINCLUDED IN DECISION ON DIRECTOR RECOMMENDATION COMMUNITY DEVELOPMENT CITY COUNCILAPPEAL TO attached.may not be appealed separately from the decision on the application to which it is The Community Development Director’s decision on a requested Major Modification f. the Major Modification decision separately.whole, and shall not reconsider application, and the decision of City Council shall be made on the application as a the decision of the Planning Commission shall be incorporated as part of the Summary Table of Review Procedures, , 1-500.01Table by City Council pursuant to When the application that contains a request for Major Modification is to be decided e. below. 0with the approval criteria described in The Planning Commission shall approve all Major Modification requests that comply d. . 60.500.030Section , and shall comply with other requirements of Written Notice 60.500.030C.1.bSection suant to Requests for a Major Modification shall require notice pur c. to be elevated for review and approval by the Planning Commission. shall cause that application ,, Summary Table of Review Procedures1-500.01Table level approval, as described in-taffSassociated with an application type that receives odification request Major MA b. sought.m which modification is UDC frocitation of the standard(s) of this written request shall include the primary application type. The consideration in conjunction with submitted in writing, for UDC. The request(s) shall be permits or approvals under this lication for other types of the appModification shall be included in Instead, a request for a Major procedure under this UDC. Modification is not a separate Review of a request for a Major a. Procedure for Major Modification Approval 376 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 NOTES 5 ft. Sign height 15% Sign area 35% Usable recreation area reduction 20% Bufferyards (minimum width) 35% Landscape area reduction \[1\] Section 60.400.020F.standard requirements of comparable quality to development of facilitate infill, Development Director to Community necessary by the To the extent determined Neighborhood Protection Standards Development Standards 20% Building length (maximum) 15 ft. All other 10 ft. Residential height (minimum maximum)Building Building Standards 25% Rear setback (for primary or accessory structures) 25% Minimum sum of side yards 25% Side setback (for primary or accessory structures) 35% Front setback (minimum or maximum) Lot Dimensional Standards 35% or smallerLots of 3,000 sq. ft. 25% Lots larger than 3,000 sq. ft. Lot width (minimum) 35% Lots of 3,000 sq. ft. or smaller 25% Lots larger than 3,000 sq. ft. Site Standards ModificationPotential Maximum Code Standard Major Modification2 Standards Subject to -Table 500.07 377 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapt . Section 60.400.060FCompliance option described in \[1\] Requests for more other variations from landscape requirements may use the Alternative Equivalent A deviation from adopted engineering standards; A deviation from building or fire codes; zoning district where the property is located.applicable to any use in the Section 60.300.020ic Standards in Specif-UseA change in Permitted or Conditional Uses, or the allowed mix of uses, or the Does not result in: e. feet of the applicant’s site; and traffic congestion on any local street in any Residential zone district within 200 street parking or -crease in onThe modification will not result in a material in been required without the adjustment; oradjacent properties and ground and roof mounted equipment than would have The modification will result in equal or better screening and buffering of e adjustment; orwould have been required without thmodal connectivity equal or better than -neighborhood layout and level of multior, for an adjustment for a residential subdivision, the adjustment will result in a provide options for a more connected neighborhood layout The modification will Meets at least one of the following criteria: d. property by the Planning Commission or the City Council; andDoes not violate any conditions of approval previously applied to development of the c. hed to the approval of the modification; impact will be mitigated by conditions attacWill have no material adverse impact on any abutting lots, or any material adverse b. ;or is generally consistent with the Comprehensive Plan is not common to other lots, uses, or buildings in the surrounding area building thatAddresses an unusual site constraint or unusual requirement of the proposed use or a. Planning Commission finds that the modification: A requested Major Modification may be approved or approved with conditions if the Major Modification ApprovalCriteria for Incentives., 60.400.120and Maximum Parking Adjustments, , Section 60.400.080GAdjustments, Minimum Parking , Section 60.400.080Fare described in through Major Modification Potential modification of standards not Modifications listed in this Section.may approve only those Major oPlanning C, and the 0 listed in thisbe submitted only for the types of adjustments may A request for a Major Modification Permitted Major Modifications 378 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief Section 60.500.070 Procedures and Administration: er 60.500 Chapter 60.500 Subsection 4 below.based on the criteria in of any standard or criteria application for a Variance approve, approve with conditions, or deny an the time limits stated in this UDC, , within he Zoning Board of Appeals shall, tFloodplain Overlay –FPO 60.200.040ESection involve the standards or criteria in Variance application that does not For any c. application.Any approved Variance is only valid for the proposal outlined in the Variance b. .A60.500.070CSection unless modified or supplemented by this, designated authoritydecisions that require a public hearing before a applicable to Section 60.500.030Applications for a Variance shall comply with all requirements of a. for Variance Approval Procedure tor determines is applicable.the Variance or other form of relief that the DirecVariance process may not be appealed separately from an appeal of the decision on The Community Development Director’s determination as to the applicability of the b. minimum necessary to afford relief.the The Variance shall beapplication of the standards and criteria in this UDC. mitigate practical difficulties that would be claimed by the applicant by the strict nor any other form of flexibility and/or relief authorized in this UDC is sufficient to ation, Director has determined that neither a Minor Modification nor a Major ModificThe City shall accept an application for a Variance if the Community Development a. Applicability .as required in Chapter 462.357 (sub. 6) of the adherence to the provisiothat would otherwise be created by the strict practical difficultiesorder to avoid in cannot be modified through the Minor Modification or Major Modification procedures,that in this UDC standards and criteriaopportunity to vary conditions to request the allow property owners with unusual lot or site intended toVariance procedure is The Purpose Variance C. state or federal law., or any requirement of Shoreland District Overlay –SDO Section 60.200.040F, or Floodplain Overlay –FPO Section 60.200.040E, Preservation OverlayHeritage –HPO Section 60.200.040Ca in A change to any standard or criteri procedure described in this UDC; oror through any other .120Section 60.400through an incentive as described in A further change to a development standard that has already been modified facilities; Requirements for public roadways, utilities, or other public infrastructure or 379 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Variance: Section 60.500.070C Flexibility and Relief Section 60.500.070 Procedures and Administration: Chapter 60.500 or its conditions and safeguards shall be a violation of this UDC.subsequent purchaser, heir, or assign of the property, and any violation of a variance plicant and any under which the Variance was granted are binding upon the apA Variance and any conditions and safeguards that are made a part of the terms h. deny a Variance may only be appealed to District Court.ing Board of Appeals to approve, approve with conditions, or A decision by the Zon g. days of such action. 10Commissioner of Natural Resources within Minnesota Submit a copy of the decision and its justification for issuance to the ; andFederal Emergency Management AgencyFlood Insurance Program, when requested by the Administrator of the National ariances issued in the annual report to the Vissuance, and report such ariance action, including the justification for its VMaintain a record of the Development Director shall:, the Community Floodplain Overlay –FPO Section 60.200.040Ecriteria in f o arianceVof a or approval with conditions Following approval f. and effect of the proposed use. accompanied by such supporting information as is necessary to indicate the nature of the hearing no less than ten days prior to a hearing. Such notice shall be notify the Commissioner of Natural Resources of the time, place, and subject matterFloodplain Overlay the Community Development Director shall –60.200.040E FPO Upon filing of an application for a variance to standards or criteria in Section e. :notificationshall maintain a record of each such and the Directorfor flood insurance up to amounts as high as $25 for $100 of insurance coverage, a structure below the flood protection elevation will result in increased premium rates ance of a Variance to construct increases risks to life and property, and that the issuconstruction below the flood protection elevation thatnotify the applicant in writing , the Community Development Director shall Floodplain Overlay –FPO 60.200.040ESection standards or criteria inUpon filing of an application for a variance to d. 380 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Variance: Section 60.500.070C Flexibility and Relief S Procedures and Administration: Chapter 60.500 indicates public hearing CITY COUNCILAPPEAL TO DECISIONZONING BOARD OF APPEALS RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT designated regulatory floodway may be approved. in anyincrease in flood levels during the base flood discharge that would eVariancNo , the following additional criteria shall apply:Floodplain Overlay –FPO 60.200.040ESection tion that involve the standards or criteria in For any Variance applica i. feet in a Neighborhood Retail establishment).that is included in the definition of a use (such as the maximum number of square The Variance does not involve a change to or exception from a numerical standard h. n the zoning district:use otherwise not permitted withi The Variance will not allow a g. reasonable economic use of the total site consistent with the provisions of this UDC.ownership that would allow or related adjacent lots or parcels under the same tegrated with development of The development of the parcel in question cannot be in f. .to public health of welfarematerially injurious to other property in the area, and will not be materially detrimental iance will not alter the essential character of the surrounding area, will not be arVThe e. , Subd. 14.with Minnesota Stat. 216C.06If the requested Variance is for earth sheltered construction, the application complies d. .the same class of zoning districtpeculiar to the property that do not apply to other lands within the neighborhood or , that are, or inadequate access to direct sunlight for solar energy systemsconditionsexceptional topographical or physical ,s, or shallowness of the lotnarrownesirregularity, difficulties that are unique to the property include but are not limited to. Examples of practical considerations, and have not been created by the landownerunique to the property, are not solely economic arepractical difficulties The c. .with this UDCcomplying proposed use while achieving that difficulties in practical manner but there are the property in a reasonable The applicant proposes to use b. .this UDC purposes and intent ofthe general harmony withand in the Comprehensive Planconsistent with is Variance The a. have been met:criteria the following findings that makes Appeals if the Zoning Board of approved or approved with conditions An application for a Variance shall be for Variance Approval iredFindings Requ 381 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Variance: Section 60.500.070C nd ReliefFlexibility a Section 60.500.070 Procedures and Administration: Chapter 60.500 created. -otherwise been rendered nonconforming due to circumstances that were not self, or have samendmentlater r due to as of its effective date o requirements of this UDCsite features, and signs that were legally established but that do not conform to the , lots, sis to regulate land uses, buildings, structure Section 60.500.080The purpose of this Purpose A. ONCONFORMITIES N Section 60.500.080 Variance.l to the impact of the conditions are directly related to and roughly proportiona, provided that any such and the health, safety, or general welfare of the communityeffects of the Variance upon adjoining properties, the character of the neighborhood, imize potentially injurious regulations that are to be modified and to reduce or minconditions and safeguards as may be necessary to accomplish the purposes of the In granting a Variance, the Board may impose such reasonable and appropriate k. review the permit or certificate request. administrative official to accuratelyinformation, or to knowingly withhold information necessary for the who has had control of the property, to provide misleading or incorrect on the part of the applicant, the property owner, or any other person or party The mistaken issuance of the certificate or permit is not the result of an action administrative official charged with enforcement of this ordinance, andapplicant who has received a permit or certificate issued in error by the eliance in good faith by an There has been substantial and detrimental r to the standards in this UDCThe Board may grant a Variance j. afford relief.the minimum necessary, considering the flood hazard, to shall beVariance The e state and national laws and programs. standards and the intent of thThe variance is consistent with the general purpose of the flood control impractical, and not feasible under the circumstances. and strict conformity with the standards would be unreasonable, applicant, to the undue hardship ariance would result in Vailure to grant the The f or conflict with existing local laws or ordinances.public expense, create nuisances, cause fraud on or victimization of the public, result in additional threats to public safety, extraordinary lshalVariance No law. Stateby Protection Elevation for the area, or permit standards lower than those required district, permit a lower degree of flood protection than the Regulatory Flood ce shall have the effect of allowing in any use prohibited in that No Varian 382 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.500.080A Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 constructed, the approved plans remain in effect and may be used to guide the been approved for a site but the development has not been Development has. Where a Conditional Use or Planned Unit UDCthe standards and procedures of this clarify detail not addressed in the approved plan, shall be made in accordance with site design, or interpretations necessary to , ations to the use, occupancymodificshall continue to control the use or occupation of such land. Changes or approved site plan and all terms, covenants and conditions shall remain in effect and Development shall be permitted to continue as a lawful use or occupancy. The Planned Unit se or as a Uonditional Cas a Effective Dateapproved prior to the use or occupation of land any ,aout limiting the generality of Subsection With b. below.5 ubsection S, except as specified in establishedlegally arged or expanded to occupy a larger area than The use may not be enl use.or another provision of this UDC requires the termination of the use is discontinued continue regardless of any change in ownership or occupancy of the use, until that nonconforming use of land or a structure shall be allowed to legally established or elsewhere in this UDC, the Section 60.500.080pecified otherwise in this Unless s a. Authority to Continue Nonconforming Use E. by Minnesota state law. requiredlimited to those changes to applicable setbacks , including but not , subject to any limitations imposed by Minnesota state lawApproval fConditions o Section 60.500.030E.6or improvement of a nonconformity pursuant to easonable conditions on the expansion, reconstruction, replacement, The City may attach r Conditions on Nonconformities D. built.” -property and improvements “as nt may be required to submit to the City corrected documentation of the obtained, the applicaIf such permits and approvals are been required for the initial development of the property.would have thatapprovals and bring it into compliance with this UDC by securing all permits may that was not legally established nconformity The owner of a property containing a no Bringing a Nonconformity into Compliance C. , during that period ingproperty occurrindicative of active use, occupancy, and/or operation of the nonconforming aspect of the listings for sale or lease, or other factors , evidence ofsales or other tax receiptsutility bills, considerhe City may determining whether discontinuance has occurred, tIn . the property or its use or occupancy is discontinued for a period of a year or morenonconforming aspect of or unless the UDCthe use is stated in another Section of this n additional limit on the continuation or expansion of a regulations of this section, unlessexpand based on the may be allowed to allowed to continue and be willNonconformities Authority to ContinueGeneral B. nonconformities shall be permitted to continue or expand. These regulations specify the circumstances and conditions under which such 383 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota General Authority to Continue: Section 60.500.080B Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 landscaping, are met; andAll other applicable standards including but not limited to required parking and addition of a secondary structure;nonconformity or include the degree of he expansion does not increase the T provided that:nonconforming use within an existing conforming or nonconforming structure, approve the expansion of a willThe Community Development Director a. Expansion of Nonconforming Use . 60.500.060Bn SectioSite Development Plan for the revised site and parking is approved pursuant to and a trictsdizoning esidential Rlocated in a nconforming use is residential no-for a nonng al or expanded parkiadditionnonconforming use, provided that no such caused by the street parking or loading pressures -to relieve on street parking facilities- nsion ofto or expa itionaddThe Community Development Director may approve the a Nonconforming UseParking to of Addition hours of operation. Any change in e. of the site and structures; and d. ;and parking ,amount and nature of outside storage, loading hetAny change in c. ;ps to the sitetri motor vehiclenumbers and kinds of estimated change inAny b. detectable at the property line; or smoke glare,Any estimated change in noise, vibration, dust, odor, fumes, a. :based onsurrounding properties shall be rmination of possible adverse impacts on’s dete DirectorCommunity Development The properties that result from the new nonconforming use. surroundingor lesser intensity, and that there are no additional negative impacts to another nonconforming use, provided the new nonconforming use is of equal changed to be changed to a conforming use, or to nonconforming use of land or structure to permit aertificate Coning Zapprove a has the authority toThe Community Development Director Nonconforming UseChange of .conforming structuresof repairmaintenance and requirements for permits and approvals applicable to subject to the same alteredor restored, improved, a nonconforming use is located may be maintained, repaired, the structure in which ,Nonconforming Structure Section 60.500.080Fby imited Unless l Repair and Maintenance .UDC development of the site unless a revised plan is submitted and approved under this 384 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.500.080E Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 value, as indicated in the records of the Olmsted County Assessor, the owner must apply for ater than 50 percent of its estimated market has been damaged to the extent of gre useIf the a. to the following limitations: to the same condition it occupied prior to the disaster or other damaging event, subject acedl, or represtored ,has been damaged by fire or other natural cause may be repaired conforming structure that has not been damaged as described in this Section, but thatuse that does not have a primary structure, or that occupies a A nonconforming Damage to Nonconforming Structure third party testimony, or other factors.rs, the use of sales tax, business tax, business licenses, property appearance factoburden shall be on the applicant to show that it has not been discontinued through If the Director determines that a nonconforming use has been discontinued, the b. conformities.the correction of existing building or property nonestablishment of the nonconforming use without -decision, it can also permit the refactors listed in Subsection 3 above. If the Planning Commission makes such a cts to surrounding properties, based on the will not be additional negative impaestablishment of the use after a public hearing based on a determination that there -pursuant to Subsection 3 above or the Planning Commission approves the rethe Community Development Director approves a substitute use discontinuance,within less than one year of the shall conform to all provisions of this UDC, unless shall lose its legal nonconforming status, and any subsequent land use or occupancy n a building originally designed as a civic or institutional structure) use is located iuse that is discontinued for a period of one year (or three years if the nonconforming For all properties other than those listed in Subsection b below, any nonconforming a. Discontinuance of Nonconforming Use use.a nonconforming xpansion of not be considered an emaking that use nonconforming, shall been granted, after adoption of an ordinance The continued excavation of a site for which all required permits and approvals have c. .Section 60.500.070BModification, as described in building or adding a secondary structure will be reviewed as a request for a Major Any proposed expansion of a nonconforming use that requires enlarging an existing b. .percent more than 15(for outdoor uses) occupied by a nonconforming use may not be expanded by In all other districts the gross floor area (for indoor uses) or the gross site area percent 25more than panded by forming use may not be exnoncon(for outdoor uses) occupied by a the gross floor area (for indoor uses) or the gross site area T district -In the MX listed in Subsection 3 above.impacts to surrounding properties, based on the factors adverseadditional mines that there will not be The Community Development Director deter 385 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.500.080E Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 any other new nonconformity.d, provided it does not increase any other existing nonconformity or create standarto 50 percent without complying with the otherwise applicable minimum height T district may be expanded in size up -A nonconforming structure located in the MX b. not increase an existing nonconformity or create a new nonconformity.the expansion will A nonconforming structure may be expanded in size, provided that a. Expansion of Nonconforming Structure ut no maintenance, repair, or alteration may increase the extent of the nonconformity. B .s applicable to maintenance and repair of conforming structuresfor permits and approvalsubject to the same requirements maintained, repaired, restored, improved, or altered be may containing a confirming or allowed nonconforming use nonconforming structure A Repair and Maintenance occupancy of the structure. of the of the structure, until another provision of this Section requires the terminationof any change in ownership or occupancy ,regardless 60.500.080ESection pursuant to or land without a primary structure continue as a nonconforming use hat is allowed to or tthat is permitted in the zoning district where the structure is located, nonconforming structure shall be allowed to continue to be occupied for any use existing legally Unless specified otherwise in this Section 60.500.080 or elsewhere in this UDC, a Authority to Continue Nonconforming Structure F. UDC.year, the use of the property must thereafter comply with the provision of this onemore than r , and the use is discontinued foFloodplain Overlay –FPO 60.200.040ESection Where a nonconforming use is created by the standards or criteria in b. .nless otherwise specified in federal rules and regulations, uflownot increase the degree of obstruction to the flood mayand, if located in a floodway, cture increase the flood damage potential of the use or stru maynonconforming use the request for modification, expansion, or reconstruction of no, structureand the use is located in a conforming , Floodplain Overlay –FPO 60.200.040ESection created by the standards or criteria in is Where a nonconforming use a. Nonconforming Use Created by Flood District Regulations ed. nonconformities have been eliminatlarger, or a height that is taller than it was before the damaging event occurred unless all may not have a ground floor footprint or a total gross floor area that is use The repaired b. ths of when the property was damaged.within six mon structuresany required permits or approvals necessary to continue the use or to reconstructed accessory 386 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Nonconforming Structure: Section 60.500.080F Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 e work does not exceed 50 percent of its current market value as determined from thor repair to a nonconforming structure, when the value of such addition,The alteration, nonconforming exceed 50 percent of the current market value.ate the structure became or major repairs since the d alterations,effect of all additions, floodplain regulations. This requirement shall also apply at such time the cumulative County Assessor, the entire structure shall be made to conform to all applicable records of the Olmsted percent of its current market value as determined from the Whenever any alteration, addition or repair to a nonconforming structure exceeds 50 . below.provisions 3. and 4the State Building Code, except as further restricted in assifications) allowable in 4 floodproofing cl-1 thru FP-floodproofing techniques (i.e., FPregulatory flood protection elevation in accordance with any of the elevation on fill or increasing the flood damage potential of that structure or use must be protected to the would result in that Any structural alteration or addition to a nonconforming structure District is prohibited.structures within the Floodway nonconforming way that increases its nonconformity. Expansion or enlargement of A nonconforming structure must not be expanded, changed, enlarged, or altered in a subject to the following additional standards.continue, may ,Floodplain Overlay –FPO Section 60.200.040Estandards or criteria in the A lawful nonconforming structure by Created by Flood District RegulationsStructure Nonconforming G. applicable terms of this UDC. new structure on the lot. Any proposed new structure shall be required to comply with all any nonconforming status for the structure is terminated, and may not be carried over toWhen a nonconforming structure has been eliminated or removed from a lot, legal Elimination of a Nonconforming Structure all nonconformities have been eliminated. unless occurredthe damaging event before than it was area that is larger, or a height that is tallertotal gross floor or a footprint may not have a ground floorThe repaired structure b. was damaged.months of when the property sixbuilding permit within ly for a the owner must appas indicated in the records of the Olmsted County Assessor, market value, estimated the extent of greater than 50 percent of its If the structure has been damaged to a. subject to the following limitations: ,damaging eventoccupied prior to the drepaired or restored to the same condition it A nonconforming structure that has been damaged by fire or other natural cause may be Damage to Nonconforming Structure ocation lessens the extent of the nonconformity of the structure. lot, provided that the relA nonconforming structure may be moved in whole or in part to another location on the Relocation of Nonconforming Structure 387 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota District RegulationsNonconforming Structure Created by Flood : Section 60.500.080G Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 nstalled or the lot is connected to a public sewer; and7080 can be i A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter e met; system setback distances ar All structure and septic ; with official controls in effect at the timein compliance was created The lot ; became substandardnce it he lot has been in separate ownership from abutting lands at all times siT ; he use is permitted in the zoning districtT that buildable lots, provided lot area and width standards of the underlying zoning district may be allowed as do not meet the minimum and that OverlayDistrict Shoreland –SDO located in the are that February 22, 1995, Lots of record in the office of the County Recorder on a. OverlayDistrict Shoreland –SDO Construction on Nonconforming Lots within located.standards for the zoning district in which the property is f the applicable UDCall o meets A conforming structure on a nonconforming lot may be enlarged or expanded provided it .mets located, provided that all other requirements of this UDC are district in which the lot iA nonconforming lot of record may be used for any land use permitted in the zoning Nonconforming Lot H. standards and criteria in this UDC.state the manner in which the nonconforming structure differs from the flood protection lly shall specificarequired built documentation-asthe ,extended or substantially alteredFloodplain District Overlay is –Where a nonconforming structure located in the FPO for new structures. UDCtructure and any additions must meet the requirements of this sto a nonconforming structure requires that the existing Any substantial improvement .UDCreconstructed except in conformity with the provisions of this it must not be If any nonconforming structure experiences a repetitive loss, Districts, respectively. structure is in the Floodway, Flood Fringe or Flood Proneestablishing new uses or new structures will apply depending upon whether the use or . The applicable provisions for UDCexcept in conformity with the provisions of this , it may not be reconstructed l damageis substantia ing structure .UDCthis conform to the floodplain provisions of thereafter must the use of the structure , rone yeanonconforming structure is discontinued for more than pancy of aactive use or occuIf increase the degree of obstruction to the flood flow.of the structure. Repair of a nonconforming structure, if located in the floodway, shall not records of the Olmsted County Assessor, shall not increase the flood damage potential 388 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota : Section 60.500.080H Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 ;, and FencesBufferyardsLandscaping, Section 60.400.060comply with the standards of include any failure to snconforming site feature, noSection 60.500.080IFor purposes of this Nonconforming Site Feature I. .combined with an adjacent parcelhe zoning district for a new lot and the newly created parcel is remainder of the existing parcel meets the lot size and sewage treatment A portion of a conforming lot may be separated from an existing parcel as long as the g. -eatment and water supply capabilities, and other conservationtrsurfaces, increasing setback, restoration of wetlands, vegetative buffers, sewage address, when appropriate, storm water runoff management, reducing impervious shall require the property owner to making body-decisionrequests, the Permit se Uonditional Cermit applications, or Puilding Boning and Zariances, VIn evaluating all f. hapter 7080, or connected to a public sewer.Cand Minnesota Statutes 115.55system consistent with the requirements of suitable for, or served by, a sewage treatment common ownership and the lots are if each lot contained a habitable residential dwelling at the time the lots came under areas under a common ownership must be able to be sold or purchased individually contiguous nonconforming lots of record in shoreland Subsection c,Notwithstanding e. .to the maximum extent practicableone or more conforming lots contiguous lots so they equal Subsection c must be combined with the one or moreA lot subject to Subsection c above that does not meet the requirements of d. plan.evelopment of the lot must be consistent with an adopted comprehensive D coverage must not exceed 25 percent of each lot; andmpervious surface I ;standardsapplicable City sewer treatment Cfor the installation of a Type 1 sewage treatment system consistent with e lot must be connected to a public sewer, if available, or must be suitable hT 6120; hapterCRules, width and lot size for the shoreland classification consistent with Minnesota dimensional standard for lot the minimum he lot must be at least 66 percent of T or development if it meets the following requirements:land for the purpose of sale individual lot must be considered as a separate parcel of In a group of two or more contiguous lots of record under a common ownership, an c. variance if adequate facilities cannot be provided.supply capabilities or constraints of the lot and shall deny the treatment and water djustment shall consider sewage A oard ofBariance, the Vlot. In evaluating the obtained before any use, sewage treatment system, or building permit is issued for a must be Section 60.500.070C pursuant toariance from setback requirements VA b. The impervious surface coverage does not exceed 25 percent of the lot. 389 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Nonconforming Site Feature: Section 60.500.080I Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 provisions of this UDC. to provide all required parking, thus bringing the site into conformity with the shall be required ,, Minimum and Maximum Vehicle Parking Required1-400.08Table the total number of parking spaces normally required, as described inthan 50 percent or more of morethat would require an increase in parking of primary structure on the site Any request to increase the gross floor area of the additional parking only for the new portion of the development. provide be required to shall ,Minimum and Maximum Vehicle Parking Required, 1-400.08Table number of parking spaces normally requiredotal that would require an increase in parking of less than 50 percent of the tAny request to increase the gross floor area of the primary structure on the site Nonconforming Parking a. as follows: compliance with this UDCbe brought into or closer to shalltures nonconforming site feaare made, 60.500.080GSection , or Section 60.500.080F, Section 60.500.080Estructures pursuant to ermitted changes to or expansions of nonconforming uses or nonconforming pWhen ructurestRequired Degree of Conformance During Changes to Uses or S .the same permits and approvals applicable to changes to conforming site featuresis permitted subject to yittemporary buildings that would reduce securlighting and as such ures, and the addition of security featof yards or parking areasfences, screening, landscaping, drainage controls, the permanent all weather surfacing of nuisance abatement measures such as additionhe t, but degree of nonconformitythat would increase the all not be expanded in any wayhsite features s Nonconforming Expansion of Nonconforming Site Features regulations of this UDC.of the nonconforming site feature, and its replacement with features that conform to the .3, 4, and 5 may require termination GSections 60.500.080.to the property described in changesHowever, nonconforming site feature may be maintained, repaired, or altered. Upon issuance of a zoning certificate by the Community Development Director, a Repair and Maintenance feature. Section requires the remediation of the nonconforming site another provision of thislocated, regardless of any change in ownership or occupancy of the structure, until to be occupied for any use that is permitted in the zoning district where the structure is nonconforming site feature shall be allowed to continue legally established with a parcellot or Unless specified otherwise in this Section 60.500.080 or elsewhere in this UDC, a Authority to Continue .Lightingterior Ex Section 60.400.100or ; Stacking, Loading, and Parking Section 60.400.080 ;Site and Building Design Section 60.400.070 390 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Nonconforming Site Feature: Section 60.500.080I Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 .Signs Section 60.400.110UDC, including but not limited to A sign credit may only be used in a location that meets all standards of this .sign creditstor prior to the expiration of the by the Community Development Direcreview submitted for A sign permit for the new billboard using the sign credit must be Expired sign credits shall not be restored. issuance. Removal of sign area generates a sign credit, valid for two years from date of permitted on a new billboard. only the area removed from one face of the sign shall countIn the case of a billboard with two faces, sign area from an existing billboard. of Erection of a new billboard requires the removal of an equivalent amount Sign Credit program. new nonconforming billboard shall only be erected in compliance with the City’s A b. location where it would remain nonconforming.in whole or in part to any other may be moved or sign No nonconforming billboard a. Nonconforming Sign is permitted. or sign nonconforming billboardmaintenance and minor repair of a The Repair and Maintenance .Section 60.500.080Jcompliance with this be presumed to be abandoned and shall not thereafter be reestablished except in full not to abandon such use, that sign shall year, regardless of any intent to resume orWhen the use of any nonconforming sign has been discontinued for a period of one d. immediately upon notice to the sign owner.illegal and must be removed areand signs authorized to continue. Such billboards not re awere not legally established that annexed areas in or signsbillboards Any c. . conforming signlegal nonto continue, and shall be treated as a be permittedshall of Land nnexationAtime of at the had been legally established that in an annexed area or sign billboardAny b. .Section 60.500.080J , subject to the regulations of thiscontinuemay are nonconforming signs and and other signs illboardsnstructed bLegally co a. Authority to Continue SignsNonconforming J. expansions to conforming uses and structures.compliance with this UDC to the same degree required for similar changes or be brought into or closer to shallother than parking Nonconforming site features Other Nonconforming Site Features b. 391 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Nonconforming Signs: Section 60.500.080J Nonconformities Section 60.500.080 Procedures and Administration: Chapter 60.500 first seeks to have a violation brought into compliance. lopment DirectorDeveCommunity ection will normally be served best if the SIt is the policy of the City that this City Policy on Compliance B. standards of this UDC.tenants, lessors, sublessors, occupants, operators, or others, comply with all applicable e property, whether Each property owner is responsible to ensure that all persons using th Responsibility A. ENALTIES P AND ,NFORCEMENT E ,IOLATIONS V Section 60.500.090 City to do so.notice from the written within 90 days after and shall be removed ,established-not be remay abandoned billboard anthe failure of an appeal to the Zoning Board of Adjustment, the standards in this UDC. Following a determination of abandonment by the Director or of Appeals by submitting evidence that the sign is still in use, legal, and conforming to o the Zoning Board Development Director, the owner of the sign may appeal the finding tIf a determination of abandonment is made by the Community .be abandonedWhen the use of a billboard has been discontinued for one year, it shall be presumed to by AbandonmentTermination from the Community Development Director. timeframe must be removed within 60 days of the date of receipt of removal notice A damaged sign that has not obtained a permit for repair within the specified b. . Signs Section 60.400.110 or brought into compliance with the requirements ofsix months of when the damage occurs, or the sign shall be requirthan 50 percent of the market value of the sign shall obtain a permit for repair within greater or Any nonconforming billboard that requires maintenance or repair equal to a. Nonconforming SignDamage to sign owner will not be entitled to a sign credit. If a nonconforming billboard is removed by a public entity other than the City, the c. compensation. between a sign credit and financial compensation, or only be offered financial ffered choice be oThe City retains the right to determine whether the sign owner shall b. not both. City, the sign owner shall be entitled to financial compensation or a sign credit, but If a nonconforming billboard is removed as a result of condemnation initiated by the a. Removal of Nonconforming Signs by Public Entity .Credits may be transferred between parties 392 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Responsibility: Section 60.500.090A Violations, Enforcement, and Penalties Section 60.500.090 Procedures and Administration: Chapter 60.500 hed, otherwise it shall be paid by the City.establishall be paid by the violator if said violation is s violation has occurred, the expert’s fee employ the services of any qualified expert to advise in establishing whether or not a Development Director determines that it is necessary for the City to Police for assistance.may call upon the Chief of Community Development DirectorWhere necessary, the structure, or tract of land to be inspected and examined. hereby empowered to cause any building, is The Community Development Director reasonably expected to be committed. shall conduct an investigation to determine whether a violation exists or is DirectorCommunity Development suggests a violation, the thatUpon receiving any information Investigation of Violations E. suggests that a violation exists or is expected to be committed. thatinformation of any Community Development Director shall notify the officers and agencies of the CityAll .of the violationCommunity Development Director notify the ny person may committed, ais known or suspected to exist or expected to be UDCWhenever a violation of this Notification D. ilure to complete required improvements.Fa .CUDObstructing or removing any notice required to be posted or otherwise given under this cent parcels.the proposed development is located, or conditions on adjapublic hearing, regarding the proposed development, the conditions of the land on which misleading information, or through making inaccurate or misleading statements at a submittal of inaccurate or through CObtaining a permit or approval under this UD .Chas not been approved under this UDany subdivision plat that in the Olmsted County land recordsSubmitting for recording for the county or counties in which the property is located. land recordsnty Cou for this UDC has been approved and the approved plat has been filed with the OlmstedTransferring title to any lot, tract, or parcel of land before any subdivision plat required Subdivision Permit or a Final Plat under this UDC.f a Minor or Major Land with the standards, criteria, and procedures for approval oEngaging in the division of land for sale or development in any way that does not comply this UDC.Failure to comply with any condition attached to a permit or approval by the City under .Cthis UDregulation adopted by a City department or agency under authority granted by Failure to comply with any standard, regulation, of requirement of this UDC or any ViolationTypes of C. 393 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Types of Violation: Section 60.500.090C Violations, Enforcement, and Penalties Section 60.500.090 Procedures and Administration: Chapter 60.500 he party, including a subsequent owner of the subdivision or addition for whom tAssign its right to receive funds pursuant to the surety in whole or in part to any third c. or through a third party;to the surety and complete the public improvements by itself Obtain funds pursuant b. agreement is declared to be in default;installed regardless of the extent of completion of the development at the time the Declare the Agreement to be in default and require that all public improvements be a. the City may:Agreement, required public improvements are not installed pursuant to the terms of theIf a Development Agreement has been executed and security has been posted and necessary to initiate a criminal action against a violation. shall act as a complaining witness when Community Development DirectorThe the outcome of a proceeding before it concerning the violation. he City Council or court of competent jurisdiction has stayed enforcement pending T b. , orDevelopment DepartmentCommunity filed with the n appeal of the notification of violation has beenA a. action if: The City Attorney shall not initiate any legal or equitable deemed appropriate.or equitable action shall initiate any legal City Attorney , and the City Attorneyshall consult with the irector DCommunity Development has not been corrected or brought into compliance, the he time period provided in the notice of violation has elapsed and the alleged violation t If Enforcement After Expiration of Time Period H. .UDCnconsistent with the orders or this manner ishall be a separate misdemeanor violation for any person to continue any development in a . It UDCcovered by such orders, except in a manner consistent with those orders and this violation has been served, no work shall proceed on any development Once the notice of Discontinuance of Work G. .UDCenforcement of this A defect in the notice of violation with respect to any such matters shall not prevent the violation. days allowed to correct or remove the 30immediate enforcement will be sought or up to have been or are expected to be violated, and whether that UDCor of the (s)provisionshall indicate the location and nature of the violation, the of violation The notice involved. personal service to the owners of record for tax purposes of the propertymail, or by by regular of violation or is reasonably expected to be committed, promptly give notice s upon a determination thatshall, The Community Development Director Notice of Violation F. 394 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Notice of Violation: Section 60.500.090F Violations, Enforcement, and Penalties Section 60.500.090 Procedures and Administration: Chapter 60.500 violations.and a deterrent against future to be a separate offense. Fines and imprisonment are appropriate as a penalty for violations misdemeanor. Each and every day during which such violation continues shall be deemed of the provisions of this UDC is guilty of a Any person, firm, or corporation violating any Penalties I. Exercise any other rights available under the law. d. Agreement to complete the required public improvements; and/orpublic improvements were not constructed, in exchange for the subsequent owner's 395 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Penalties: Section 60.500.090I Violations, Enforcement, and Penalties Section 60.500.090 Procedures and Administration: Chapter 60.600 resulting in the provision of one full space.a fractional space shall be rounded up to the next whole number, The requirement for Spaces Street Parking-Off following way:standards resulting in fractional requirements shall be treated in the UDCThe application of Rounding of Numeral Requirements A. EASUREMENT M ULES OF R Section 60.600.020 or assistant. hat employee’s designated agent position within the City, that act may be performed by tWhen the UDC states that an act may be performed by an employee holding a certain as well as a single individual. ”corporation“or ”,company“ ”,trust“ ”,partnership“ ”,organization“ ”,association“ ”,firm“includes a ”individual“The word unless the context clearly indicates to the contrary.are all interchangeable ”tract“and ”,premise“ ”,parcel“ ,”property“ ”,land“ sThe word ”.occupied for“and ”,maintained for“ ”,intended for“ ”,designed for“ ”,for arranged“includes the phrases ”used for“The phrase ”.structures“shall include the word ”building“The word is permissive. ”may“is mandatory, and not discretionary, and the word ”shall“The word .ralThe masculine gender shall include the female and neut include the singular.All words used in the singular number include the plural, and words in the plural number All words used in the present tense include the future tense. :The following rules of construction apply indicates to the contrary.ed clearly or the context in which they are us UDCunless they are specifically defined in this have their commonly accepted dictionary meaning UDCAll words and terms used in this Rules of Construction B. .UDCadopted pursuant to the pplication of rules and regulations interpretation of the zoning map it incorporates, or the a, the UDCclarifying ambiguities that may arise regarding the meaning of text in the are intended to establish guidelines to follow in Section 60.600.010The provisions of this Purpose A. ONSTRUCTION C ULES OF R Section 60.600.010 Definitions Chapter 60.600 396 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.600.010A Rules of Construction Section 60.600.010 Definitions: Chapter 60.600 peak period such as the lunch or dinner period in the case of a restaurant., or employee. The largest work shift may be a particular day of the week, daily work shiftemployees employed at the facility regardless of whether such person is a full time means the maximum number of ”employees on the largest work shift“Reference to yee(s)Emplo street parking.-of determining the requirements of offseating facilities, each 20 inches of seating shall be counted as one seat for the purpose pews,assembly where patrons occupy benches, of publicplaces In ces of Public AssemblyPla restrooms, areas devoted to mechanical equipment, or for dressing rooms.of merchandise, for show windows, for packaging or processing,incidental repair, public purposes, such as storage, the -not include areas used principally for nonincluding areas occupied by offices, public areas, or the display of merchbusiness activity or for service to the public as customers, patrons, clients, or patients, intended to be used by tenants for their primary shall mean the gross floor area used or ”floor area“uses, business and personal service In the case of office, merchandising and Floor Area .requiredstreet parking spaces -in determining the number of off usedshall be The following Parking Space Calculation B. next whole number.ed up to the Calculations resulting in provision of a fractional plant unit shall be round aterialsMPlant is met. UDCdeviations to occur as long as the spirit and intent of the difficulties in establishing final grade lines during construction and shall permit minor shall recognize the inherent Community Development Directormeasurements, the site -When checking actual on No rounding of fractional requirements shall occur. Height Calculations resulting in a fractional unit may be rounded up to the next whole number. eaDensity or Floor Ar structure. aSetbacks shall be measured from the wall of b. is met. UDCto occur as long as the spirit and intent of the difficulty in providing for an exact building location and shall permit minor deviations shall recognize the inherent Community Development Directormeasurements, the site -When checking actual on No rounding of fractional requirements shall occur. a. Setbacks 397 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Parking Space Calculation: Section 60.600.020B Rules of Measurement Section 60.600.020 Definitions: Chapter 60.60 property line of the existing use to the boundary line of the proposed use. Where this UDC requires separation between uses, such distance will be measured from the equirementsRules of Measurement Separation R D. computation. of a period falls on a Saturday, Sunday, or legal holiday, that day shall be omitted from the ed period or duration of time. When the last day xinclude the last day of the prescribed or fixclude the first and , shall be computed so as to e measurement is based on “calendar days”unless this UDC specifically states that the UDC, theor processing of applications under related to the filing time periods For purposes of calculating required public notice periods or Computation of Time C. building or fire code requirements.may be accommodated by the use as defined by thatpersons maximum number ofThe Capacity 398 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Computation of Time: Section 60.600.020C Rules of Measurement Section 60.600.020 Definitions: 0 Chapter 60.600 way, platted alley, trail, or railroad track, if the -of-touching except for an intervening street, rightwould be bordering or Lots, buildings, uses, or other features regulated by this UDC that ADJACENT requirements.considering building setbacks, building envelopes, required parking areas and landscaping accommodate a typical building anticipated for development on the lot after An area that can ADEQUATE BUILDABLE AREA accessory dwelling unit. detached recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as aA parcel, that provides basic requirements for living, sleeping, cooking, and sanitation. r A subordinate dwelling unit detached from a primary structure, but located on the same lot o CESSORY DWELLING UNIT, DETACHEDAC requirements for living, sleeping, cooking, and sanitation.structure primarya created withinit added to or rdinate dwelling unA subo , ATTACHEDACCESSORY DWELLING UNIT or visitors of the lot. customers,employees, 2) is operated and maintained for the benefit or convenience of the owners, occupants, primaryrily found in connection with, such clearly incidental to, and customais 1) thatbuilding, structure or use to which it is related, primarythe same ownership) as the A building, structure or use located or conducted upon the same lot (or on a contiguous lot in RY BUILDING, STRUCTURE OR USEACCESSO providing joint right of access for more than four lots.A roadway, privately owned and maintained and established on an easement or common area, ACCESS ROADWAY A way or means of approach to provide physical vehicular entrance to a property. ACCESS trail, or railroad track are not abutting.-of-distance greater than a point. Lots that are separated by a street, rightLots, buildings, uses, or other features regulated by this UDC share a common lot line for a ABUTTING than a point.To share a common lot line for a distance greater ABUT EFINITIONS D Section 60.600.030 399 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 offers its patrons and minors from patronage either by law or by the operators of such business excludesis conducted exclusively for the patronage of adults and specifically thatA business NTADULT ESTABLISHME hotels or motels, adult body painting studios, and other adult establishments.cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult , adult companionship establishments, adult health clubs, adult massage parlors, adult saunasmotion picture theaters, adult -Adult bookstores, adult motion pictures theaters, adult mini .”specified anatomical areas“or ”specified sexual activities“an employee of the characterized by an emphasis on conversation, talk or discussion betweenexcludes minors by reason of age, or provides the service of engaging in or listening to that01 -A companionship establishment as defined in Rochester Code of Ordinances Section 105 ADULT COMPANIONSHIP ESTABLISHMENT ”specified anatomical areas.“or ”sexual activitiesspecified “or description of dedication,characterized by an emphasis on the performance, Ordinance Chapter 125A) or if such dancing or other live entertainment is distinguished or er Rochester Code of excludes minors by virtue of age (except any business licensed undprovides dancing or other live entertainment, if such establishment thatAn establishment ADULT CABARET ck areas, bathrooms, basement or any portion of the business not including storerooms, stoof the floor area of the business (not percent publicly displayed merchandise, or at least 25of the inventory, stock and trade, or percent definition of an adult bookstore means at least 25 t portion of such items” as used in the The phrase “substantial or significan .”anatomical areasspecified “or ”specified sexual activities“an emphasis on the depiction or description of age, or if a substantial or significant portion of such items are distinguished or characterized by eason of public generally but only to one or more classes of the public, excluding any minor by rslides, records, audiotapes, videotapes or motion picture film, if such shop is not open to the arter, rental, or sale of items consisting of printed matter, pictures, A business engaging in the b ADULT BOOKSTORE ”specified anatomical areas.“or partially nude in terms of whether transparent or nontransparent to or on the body of a patron when such body is wholly provides the service of applying paint or other substance thatAn establishment or business ADULT BODY PAINTING STUDIO they intersected, unless otherwise stated in this UDC.way, platted alley, trail, or railroad track, until -of-eet, rightextended across the intervening strlot lines for the properties containing the building, use, or other feature in question were 400 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 .ablishmentin the estobservation by patrons for ”specified anatomical areas“or ”specified sexual activities“depiction or description of virtue of age, or if said material is distinguished or characterized by an emphasis on the revailing practice excludes minors by presenting visual media material if said business as a pA business premises within an enclosed building with a capacity of 50 or more persons used for THEATERADULT MOTION PICTURE ng or describing specified sexual activities or specified anatomical areas.emphasis on depictiat any one time, and where the images so displayed are distinguished or characterized by an producing devices are maintained to show images to five or fewer persons per machine -imageor other projectors,still or motor picture machines, electronically or mechanically controlled operated or -Any place to which the public is permitted or invited wherein coin or slug ADULT MOTION PICTURE ARCADE otherwise depicted by such customers.painted upon, sketched, drawn, sculptured, photographed, or while being observed, painted,customers and who engage in specified sexual activities or display specified anatomical area are so provided with the intent of providing sexual stimulation or sexual gratification to such , to customers, of figure models who An establishment whose major business is the provision ADULT MODELING STUDIO observation by patrons therein.for ”specified anatomical areas“or ”specified sexual activities“depiction or description of distinguished or characterized by an emphasis on the virtue of age, or if said material isfor presenting visual media material if such business as a prevailing practice excludes minors by A business premises within an enclosed building with a capacity for less than 50 persons used MOTION PICTURE THEATER-INIADULT M .”specified anatomical areas“or ”specified sexual activities“such service is distinguished or characterized by an emphasis on restricts minors by reason of age, and provides the services of massage, if thata health club Ordinances Chapter 115 or A massage parlor as required to be licensed by Rochester Code of ADULT MASSAGE PARLOR, HEALTH CLUB specified sexual activities or specified anatomical areas.or relating to ,is distinguished or characterized by an emphasis on matter depicting, describing thatminors from patronage and wherein material is presented excludesspecifically thathotel A ADULT HOTEL describing, discussing, or relating to specified sexual activities or specified anatomical areas.er depicting, exposing, services or entertainment characterized by an emphasis on matt 401 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 from other establishments the products it sells at retail. a garden center that importsornamental shrub and tree services. These enterprises typically produce their own stock, unlike used to raise flowers, shrubs, and plants for later retail or wholesale; lawn and garden services; s, greenhouses, and other places supply, horticulture and floriculture products, including nurserieto or conducting the sale at retail of farm equipment sales and repair, farm produce sales and Establishments and related land areas that are primarily engaged in providing services related AGRICULTURE RETAIL not including any use meeting the definition of operations, including riding stables, butprocessing such as cider mills, dairies, poultry, or meat processing, and commercial stable experimental farms for research or educational services, and small scale farm product agement services, breeding services, preparation services, crop services, farm manto the agricultural community including but not limited to those engaged in elevators, soil value increase, or livestock increase. This use also includes establishments that provide support on January 1, 1992 that are engaged in the keeping, grazing, or feeding ofincidental sale of produce raised on the premises to individuals, or establishments in existence ts engaged in the production of crops, plants, or vines, including forestry, and the Establishmen PRODUCTION EAGRICULTUR property involved in the proposal.is located within 350 feet of the boundary of the thatand directly affected by a proposal and will be substantially thatwns, controls, leases, or otherwise has an interest in property that he oAn individual may qualify as an affected party upon showing action for the application involved.owners of adjacent properties who are entitled to receive a notice of public hearing or a notice of deration if different from the applicant, and any owner or occupant of the property under consiany applicant, the The Zoning Administrator, , the phrase includes UDCFor purposes of this AFFECTED PARTY .”specified anatomical areas“or ”sexual activitiesspecified “uished or characterized by an emphasis on service provided by the sauna is distingsteam or hot air as a cleaning, relaxing or reducing agent, if the usingrelaxation, or reducing, reason of age, or provides a steam bath or heat bathing room used for the purpose of bathing, excludes minors by thatA sauna as defined in Rochester Code of Ordinances Chapter 115, ADULT SAUNA are designed for sexual stimulation. thatdevices simulate human genitals or thatactivity the sale of devices primaryhas as a thatA business ADULT NOVELTY BUSINESS 402 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 by columns, which is accessible and open to the public. supportedcovered passageway, typically found at street level and often comprised of a series of arches A ARCADE with a resulting change in the boundaries of the City.414 under the process outlined in Minnesota Statute Section of a land area into the City additionThe (OF LAND) ANNEXATION manure.of animal useand ,feedlots and storage, transportation the Minnesota Rules relating to animalunit of measure currently used by the Minnesota Pollution Control Agency in Chapter 7020 of , the animal unit or animal unit calculation measure shall be the same UDCFor purposes of this by different types of animals.as a standard the amount of manure produced on a regular basis A unit of measure used to compare differences in the production of animal manure that employs ANIMAL UNIT value increase but rather for show, sport, or as pets.s, not primarily for produce or The keeping of domestic animals, such as horses, dogs, cats, bee ANIMAL HUSBANDRY considered an animal feedlot.such that a vegetative cover cannot be maintained within the enclosure. A pasture shall not be umulate, or where the concentration of animals is manure may acc whereconfinement area or holding of animals exceeding 10 animal units and specifically designated as a raising,A lot or building or combination of lots and buildings intended for the confined feeding, breeding, SANIMAL FEEDLOT .a Building)(of See Structural Alteration (OF A BUILDING) ALTERATION frontage is on some other street. primarythose properties whose A public or private street primarily designed to serve as secondary access to the site or rear of ALLEY alcohol by volume. percentne half of o-Any beverage containing more than one ALCOHOLIC BEVERAGE depart parking spaces.As used in regulations related to parking, a traveled way in a parking lot by which cars enter and AISLE 403 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 or other flexible material.rigid materials on a supporting framework, often made of wood, cloth, vinyl, -constructed of nona building shelter projecting from and supported by the exterior wall of fixed or retractable A AWNING trucks and motor homes is included.may involve storage of the vehicle for multiple days on the site. The repair of all other classes of thatents of the vehicles, routine in nature, affecting major structural or mechanical compon-nonEstablishments involved in the major repair of automobiles and light trucks, where the service is , MAJORAUTOMOTIVE REPAIR SERVICES public.y in a showroom or on a lot for the traveling light trucks, where vehicles for sale are on displaAn establishment engaged in the retail sale, leasing, repair and servicing of automobiles and DEALERSHIP MOTIVEAUTO use of property are included in this. primaryor full service car washes as a ,automated, service-Selfand fuels and the repair and maintenance of automobiles and light trucks. parts vehicleis engaged in both the retail sales of a limited or full range of thatAn establishment CENTER MOTIVEAUTO or other entertainment event. ,cert, sportingperformance, conA hall or seating area, generally enclosed, where an audience views a musical or theatrical CIVIC CENTEROR AUDITORIUM sculpting.industrial zoning districts -processes typically not permitted in non scale fabrication, manufacturing, and other-small includes uses such as. This definition not exceeding 10,000 square feet in gross floor area facility a, in consumerscraftsperson either by hand or with minimal automation and may include direct sales to or ,Application, teaching, making, or fabrication of crafts or products by an artist, artisan MANUFACTURING ARTISAN A facility that includes work or teaching space for one or more artists, artisans, or musicians. ART STUDIO AND WORKSHOP ,study, and exhibition of works of artistic, historicalA facility or area that is open to the public and is intended for the acquisition, preservation, ART GALLERY, MUSEUM, AND LIBRARY or crossbow. ,bow, recurve bow, compound bowarrow, long and An area or facility designated or operated primarily for the use of an archer, bow ARCHERY RANGE 404 Adopted September 7, 2022 Unified Development Code ionsDefinit Chapter 60.600 s and retaining walls) if it meets any of the following:façadeA wall (including building ANK WALLBL road.open space through a development, along an abandoned rail line or adjacent to an existing way bicycle traffic. Paths may be located within -is designed for the use of two lane, tworated from the roadway and intended for bicycle use. A bicycle path facility physically sepa A athPBicycle vehicular lane. sides of the road to accommodate bicyclists traveling in the same direction as the adjacent markings for preferential or exclusive use of bicycles. Bike lanes must be located on both and/or pavement ,portion of the roadway designated for bicycles by striping, signage A aneLBicycle A Bikeway shall mean either of the following: BIKEWAY g area.bedroom or other livinseparated from other rooms by a door, and accessible to a bathroom without crossing another or attached dwelling, a private room planned and intended for sleeping, multifamilyIn a BEDROOM ncluding a morning meal to overnight guests.ypically iand taccommodations, The commercial rental of bedrooms within a private residence, providing temporary BREAKFAST ANDBED level) on all four sides, regardless of the depth of excavation below ground level.its floor or base subgrade (below ground Any area of a structure, including crawl spaces, having BASEMENT and dance halls.hookah bars, night clubs, taverns, the entertainment provided. Included in this category are bars, beer gardens, discotheques, ments may charge a fee or admission charge for . These establishare permitted accessory useswhere entertainment and the incidental sale of prepared food for consumption on the premises stablishment primarily engaged in the selling of drinks for consumption on the premises, An e BAR OR TAVERN building. upper floors of aA porch or other partially enclosed exterior platform designed for outdoor use attached to the BALCONY 405 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 boulevard trees, which may include but is not limited to terms addressing the latest date by to ensure the timely installation of required An agreement between an applicant and the City BOULEVARD TREEGREEN FACILITIES AGREEMENT landscaped area, infrastructure, or amenities.that may contain sidewalks, outside the way-of-righthe That portion of t BOULEVARD ppeals of the City of Rochester, Minnesota.Aoard of Boning ZThe BOARD OF APPEALS foot segment with an average slope exceeding 18 percent.-The higher point of a 50 TOP OFBLUFF, egment with an average slope exceeding 18 percent.foot s-The lower point of a 50 BLUFF, TOE OF THE The slope must drain toward the waterbody. 4. or greater; and percent high water level averages 30The grade or slope from the toe of the bluff to a point 25 feet or more above the ordinary 3. l of the waterbody;The slope rises at least 25 feet above the ordinary high water leve 2. Part or all of the feature is located in a shoreland area; 1. not be considered part of the bluff):over a distance for 50 feet or more shall percent ea with an average slope of less than 18(an arA topographic feature such as a hill, cliff, or embankment having the following characteristics BLUFF transportation routes or by physical barriers such as water, or public open space.forming a unit of land bounded on all sides by a street or other A parcel or group of parcels BLOCK of the wall’s surface within three years. percent obscure or screen at least 35high and three feet wide in front of the wall with planting materials that are sufficient to ide or a raised planter bed at least two feet landscape planting bed at least five feet w includes a. Qualifying landscaping relief), or qualifying landscaping or sculpture,mosaic, mural, such as foot in depth, or other architectural feature including art work (door, building modulation at least one dimension longer than 15 feet without a window,Any portion of a wall between three and 13 feet above ground level with a horizontal 2. modulation at least one foot in depth, or other architectural feature;feet without a transparent window or door, building 10length and a width of at least A wall or portion of a wall with a surface area of at least 400 square feet having both a 1. 406 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 building.drawn perpendicular to the wall will intersect a lot line without intersecting another wall of the horizontal distance measured along those walls from which, when viewed from above, lines The BUILDING PERIMETER the lot is located. whererequired for the zoning district A line parallel to the front lot line at a distance equal to the minimum depth of the front yard BUILDING LINE faces the front lot line of a lot. thatl of a building The wal BUILDING FRONT Rochester.has been adopted by the City of thathealth, safety, and general welfare of the public, modification, and repair of buildings and other structures for the purpose of protecting the standards for the construction, addition, The Minnesota State Building Code, setting forth BUILDING CODE, STATE .Chapter 50 Rochester Code of Ordinances BUILDING CODE portion so separated shall be deemed a separate building.ated from each other by party walls having no openings for passage, each Where roofed .sheltering any occupancyor supportingor intended for duseAny structure BUILDING been met.have UDCThe area of a lot remaining after the minimum yard or setback requirements of this BUILDABLE AREA ade line on a street.line and is established to create an even building façto line typically runs parallel to the front property -decks, and patios, is to occur on a lot. A buildThe line at which construction of a building, excluding porches, bay windows, covered porches, INETO L-BUILD land uses or between a land use and a public street.butting between aA unit of yard together with the plantings required thereon designed to mitigate nuisance BUFFERYARD d terms upon which the City will release such required financial security.or letter of credit, anwhich boulevard trees must be installed, requirement(s) to submit a cash escrow, surety bond, 407 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 can be expected to reach that height in an or trees 35 feet in height. Not all canopy plantingswill normally be a minimum of or tree . At maturity a canopy planting planting reaches maturitycrown that provides significant shade as the tree or overhead shaped -ovalan trunk, that is characterized by stem-a of consistinglantings Trees and p CANOPY PLANTING OR TREE term storage or Recreational Vehicles.-This does not include long electricity.s water and recreational vehicles or temporary housing, with or without facilities such aterm sites for the placement of -stablishment engaged in providing overnight or shortAn e PARK OR RVCAMPGROUND four inches in caliper are measured 12 inches above the soil line. trees greater thanTrunk caliper for trees up to four inches is to be measured six inches above the soil line and A nursery stock measurement in inches of tree trunk diameter used to standardize plant size. CALIPER level controls on trip generation.-opmentstorage and with develand ,service establishments with coordinated standards for lighting, sign, grading, landscapingA development planned as a total entity for a group of commercial, light industrial, office or BUSINESS PARK establishments. or service ,site parking for a group of commercial, office-with common ongenerally and entity, single and managed as a ,A building or group of buildings planned, constructed BUSINESS CENTER .than 25 poundsgoods and equipment generally weighing less and repair of business or household locksmiths, ,photo finishing, business supply services computer programming/data processing services, advertising and mailing, building maintenance, office equipment rental and leasing, laundriescoin operated , plants) garment services (but not including power laundries or dry cleaningphotographic studios, cleaning and tattoo or piercing parlor, as barber shops, clothing rental, , such or rendering services to business establishments on a fee or contract basis er apparelor hstablishments primarily engaged in providing services involving the care of a person or his An e PERSONAL SERVICE ORBUSINESS See Structure, Temporary on which it is located.use of the lot primaryis intended to be conducted, the tthaA building in which is conducted, or PRIMARYBUILDING, 408 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600-pellings; (c) omitting, transposing, or mis but are not limited to: (a) scrivener’s errors; (b) miss An unintentional mistake in preparing, reviewing, or revising a document. Clerical errors include, CLERICAL ERROR .individual designated as the city engineer by the Public Works DirectorThe ENGINEERCITY of Minnesota. stateThe incorporated City of Rochester, Olmsted County, CITY .of ageyears An individual who has not reached 18 CHILD or intensity of residential use. ,services offered, production methods, typeterms of major retail product mix, differs from the previous use of a building or land in thatA use CHANGE OF USE galvanized, painted or vinyl coated exterior finish.may have a thatA fence of steel or aluminum posts and wires woven into a diamond pattern LINK FENCE-CHAIN vation district.local historic or conseralteration, change, demolition, relocation, excavation, or new construction of a structure within a approval for the n applicantA permit issued by the Heritage Preservation Commission granting a CERTIFICATE OF APPROPRIATENESS .ium. Permitted uses include a columbarium, mausoleum, or crematorcemetery purposesand dedicated for ,, including animalsLand used or intended to be used for the burial of the dead CEMETERY from the side of a building or a detached structure of the same type.roof projecting , formed by a s that is open on at least two sidesautomotive vehicle one or moreshelter for A CARPORT A temporary festival typically offering amusement rides, variety shows, or other entertainment. FESTIVALCARNIVAL OR code requirements.by building code or fire may be accommodated by a development as determined thatThe maximum number of persons CAPACITY Minnesota Department of Transportation is acceptable.ng, however, the normal height as depicted by the University of Minnesota or the urban setti 409 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 getable gardens. All residential greenhouses, herb gardens, rooftop gardens, berry patches, vehydroponics including but not limited to gardens, container gardens, edible landscapes, The cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture and/or COMMUNITY GARDEN 16, or his or her authorized representative.-20 SectionCommunity Development Director as provided for in the Rochester Code of Ordinances The COMMUNITY DEVELOPMENT DIRECTOR and operated by a public or nonprofit group or agency.is open to the public or a designated part of the public, usually owned thator social activities ,used for nonprofit, cultural, educational, recreational, religiousA building or portion of a building COMMUNITY CENTER Wireless Telecommunications Service., but not including any use meeting the definition of a Commercial wired and wireless meansnd related equipment enabling the transmission of electronic signals via A tower structure a S TOWERCOMMUNICATION properties. Residential-Nonresidential or or more jointly to provide access to two and used A driveway shared COMMON DRIVEWAY .Minnesota State of Department of Natural Resourcesommissioner of the Cmeans the ”ionerCommiss“Unless the context clearly indicates otherwise, COMMISSIONER indicated by “HPC” acronym, or indicated by context.Commission. When Heritage Preservation Commission is intended, the reference is spelled out, Reference by default is to the Planning .of the City of Rochester, Minnesota Commission (HPC), or the Heritage Preservation he Planning Commissioneither t“Commission” means COMMISSION high school.time education beyond -time or part-provides full An institution other than a trade school that UNIVERSITYOR COLLEGE provided with board or room, nor kept overnight on the premises.surgical attention, but who are not /orand , dental, vision,and those in need of medical persons,iling, infirm and injured and treatment of sick, a ,An establishment engaged in the care, diagnosis CLINIC federal or state law or regulation. entering a word, number or symbol; (d) references to an incorrect provision in the UDC or in a 410 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.60 The County of Olmsted, Minnesota. COUNTY City of Rochester, Minnesota. The City Council of the COUNCIL purpose of discipline or punishment or incarceration of convicted criminals.A building along with associated lot area designed for the confinement of individuals for the CORRECTIONAL FACILITY include a roof overhang.ch may A horizontal decorative projection located at the top of a building near the roof line, whi CORNICE equipment and materials for a project located on the same site during its construction.structure used as a construction office or outdoor storage area for A temporary building or YARD CONTRACTOR’S OFFICE AND coterminous. hat istNext to, abutting, or touching and having a boundary, or portion thereof, CONTIGUOUS project. site management or operation of a given construction -s fixed, and not related to onlocation iconstruction or contracting company. A construction office may allow outdoor storage, but its room or group of rooms used for managing the affairs of aof a The permanent location CONSTRUCTION OFFICE the definition of any other group living use.nor does it meet ),(FHAAFair Housing Amendments Act theCongregate housing does not fall within assistance and minor medical services, but not intermediate, long term or extended nursing may include meals, housekeeping, personal care thatA dwelling providing shelter and services .as amended by City Counciland ,any unit or part of such plan separately adopted .including, ity and its environsand economic development, both public and private, of the C ,socialand maps for guiding the physical, ,The adopted goals, policy statements, standards, programs .areas maintained and used by group membershe group and may include common individuals or may be farmed collectively by members of tpremises. Community Garden may be divided into separate plots for cultivation by one or more of which may include the production and sale of food products from food grown on the 411 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Definitions 0 Chapter 60.600 ; modified by field investigation, reliable well logs or more precise mappingUniversity of Minnesota in 2004, as —plat produced by the Minnesota Geological Surveyaccording to the "Bedrock Geology: Steele, Dodge, Olmsted and Winona Counties" data -or Glenwood formation is the first ,Where the Decorah, Platteville 1. :shall include the area Decorah Edge infiltration. This is why the city has put so much effort into protecting this resource.This cleansing effect helps keep our ground water cleaner than with just collection and lands and fens or just being infiltrated into the ground as aquifer recharge. flows into wetfertilizing our crops and gardens along with our septic effluent. In the treatment process it soils. The soils and plants treat the ground water by utilizing the nitrate that we used in il it seeps out on eroded slopes or through the shallow ground water to flow horizontally untWisconsin. It is a layer of Impermeable shale that perches ground water and causes the The Decorah Edge is a geologic feature within the states of Minnesota, Iowa, and DECORAH EDGE the definitions shown below.all have When used in the context of regulating the Decorah Edge area, the following terms sh -DECORAH EDGE .s into required yardsconsidered permitted projection structures lower to the ground are, while sstructureconsidered accessory are grade aboveor more inches 30 structureS access to the interior of the dwelling through one or more doors.is attached to or abuts the wall of a dwelling and is afforded thatA structure open to the sky DECK A unit of sound pressure level, abbreviated as dB. dB)( DECIBEL home.regular basis, for periods of less than 24 hours a day, in a place other than the dependent's or developmental guidance on a ,more dependents with care, training, supervision, rehabilitationfor gain or otherwise, regularly provides one or that A licensed private or public establishment DAY CARE FACILITY or concrete boundary marking the edge of a roadway or paved area. ,A stone, asphalt CURB and utilities. ,pipes, ducts enough for a basement, but where there is space for installation of and service toA low space below the first story of a building, where there has not been excavation deep CRAWL SPACE 412 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 oils such as Haverhill (474B) and Palms (528B) soils. slike -vicinity of springs or seeps. Such wetlands may be associated with highly organic peatA wetland area that is saturated predominately by groundwater, including wetlands in the GROUNDWATER SUPPORTED SLOPE WETLAND .sSupported Slope WetlandGroundwater s or in proximity to and at the same approximate elevation as WetlandGroundwater Supported Slope Areas of hydric soils buried by sedimentation adjacent to 8. Areas within 50 feet of a perennial or ephemeral stream in the Decorah Edge; and 7. s; Wetland SlopeGroundwater Supported Areas of hydric soils in and adjacent to drainageways draining 6. Areas within 50 feet of seeps; 5. Areas within 50 feet of springs; 4. or similar soils; s or Haverhill (474B), Palms (528B), Shullsburg (312B or 312C), Littleton (477B) WetlandGroundwater Supported Slope Areas with slopes over 18 percent within 50 feet of 3. soils; are under 18 percent, including Shullsburg (312B or 312C), Littleton (477B), and similar the surface and slopes Areas where the seasonal groundwater table is within five feet of 2. Haverhill (474B), Root (471) and Palms (528B) soils; 1. located in the Decorah Edge, including: s Groundwater Supported Slope Wetlandor ,groundwater tables, groundwater dischargesth perched wetland areas with features associated wi-Edge Support Area includes non EDGE SUPPORT AREA summits, the term "saddle" means a ridge between two peaks or e DEO districtFor purposes of tha higher elevation than the saddle, is excluded from the Decorah Edge. saddle and is at Shale, that is separated from the Cummingsville or higher formations by a topographic encountered bedrock is the Decorah Shale, Platteville Limestone, or Glenwood -the firstencountered bedrock. An area for which -r) formations as the first(Stewartville or Prossethere are contiguous adjacent areas with the Cummingsville or higher Where 3. reliable well logs or more precise mapping; and University of Minnesota in 2004, as modified by field investigation, —Geological Surveyuced by the Minnesota Steele, Dodge, Olmsted and Winona Counties" data plat prodHaving a depth to bedrock of less than 25 feet according to the "Depth to Bedrock: 2. 413 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 Recreation.including any use meeting the definition of Outdoor Entertainment or , but not motor vehiclesobtain goods while remaining in their or customers to receive services sor by packaging procedures ,by design, physical facilities, service thataccessory use An YIN FACILIT-DRIVE rainfall within the watershed.100 year The area of the drainageway shall be calculated as that area needed to convey the water of a is not part of a designated floodplain. thatfrom a watershed area of over 1,200 acres in size, es for the collection and conveyance of stormwater runoff provid thatchannel ground-above A DRAINAGEWAY graduate students.-undergraduate or postA multifamily dwelling designed primarily as housing for, or likely to be occupied by, DORMITORY are required.approvals Cityreased density of a land use and for which accommodate a new land use or incor significant change of existing buildings to ,any improvement, new buildings or renovationimprovement of previously developed land and for which there is the proposed construction of servicing of unimproved land or the A plot of land that is intended or suitable for a proposed DEVELOPMENT SITE creation of a subdivision.made change to improved or unimproved real estate, including a change in use or the -Any man DEVELOPMENT .individual with a mental or physical disability nA DEPENDENT from a site. A building permit that authorizes the demolition or removal of an existing building or structure DEMOLITION PERMIT The transfer of property interests from private to public ownership for a public purpose. DEDICATION ter.cendivision of waters in 1999, as revised, and distributed by the land management information department of natural resources state A minor watershed, as defined and mapped by the MINOR WATERSHED AREA 414 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 permanent provisions for living, sleeping, eating, cooking, and sanitation.A single unit providing complete, independent living facilities for one or more persons, including DWELLING UNIT .or motel less shall be considered a hotelf one week or equipped, any multifamily dwelling in which units are available for rental periods oegardless of how rental units are . Rcondominiumsand cooperative apartments, apartments, but not limited to , includingon a single lot or more dwelling unitsfive ntaining A building co DWELLING, MULTIFAMILY .the ground floor working space at the front of the building to serve patrons or customersand in which the dwelling areas are located above or behind the working space, in order to allow , in different areas of the unit A dwelling unit containing an integrated living and working space occupied by one family.A single building on a single lot containing four dwelling units under one roof, each of which is DWELLING, FOURPLEX ontaining two dwelling units.A building on a single lot c DWELLING, DUPLEX dining area, and meeting and activity spaces.carports, gardens, recreation areas, community building(s) with facilities such as a kitchen and facilities including but not limited to open space, parking lots or dwelling units with shared number of residential dwelling units. A cottage development may include a combination of measured by the amount of gross floor area in residential dwelling units rather than the be may ure, and in which the development intensity are served by shared private ways or infrastructdensity residential community in which multiple small individual dwellings -interest low-A shared DWELLING, COTTAGE DEVELOPMENT outside.aving separate direct means of egress and ingress to each unit from the other by a firewall and hA building containing three or more dwelling units arranged side by side, separated from each DWELLING, ATTACHED Driveway approach width is measured per the Engineering Standards.property line and the edge of the street pavement. The portion of a driveway located between a DRIVEWAY APPROACH parking area.street -A private minor vehicular access between a street or roadway and a designated off DRIVEWAY 415 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 :stationselectric vehicle charging y three types of are currentlhere T can be incidental to any allowable use in any zone district.current to recharge batteries and that is accessory to a primary use of the property. This use otor vehicles can obtain electrical powered m-powered or hybrid-A facility or area where electric C VEHICLE CHARGING STATIONELECTRI sanitary sewer, water, electric, gas, and audio or visual communication lines. limited tobut not e installation of overhead or underground utilities, including An easement required for th EASEMENT, UTILITY the preservation or maintenance of a natural stream or watercourse.An easement required for the installation of stormwater sewers or surface drainage channels, or EASEMENT, DRAINAGE other individual or entity.A grant of one or more of the property rights by the property owner to and for use by the public, EASEMENT buildings shall not be considered earth sheltered. Minn. Stat. Ch.mulgated pursuant to standards proexcluding garages and other accessory buildings, is covered with earth and the building code of the exterior surface area of the building, percent Buildings constructed so that more than 50 EARTH SHELTERED of the walls and roof surface area. percent The total amount of the earth covering is less than 50 and no earth covering on the roof.Buildings constructed so that there is earth covering on above grade portion of building walls EARTH BERMED each building on a separate lot.dwelling, with A building containing one dwelling unit attached to one other building containing only one HOME-DWELLING, TWIN which is occupied by one family.units under one roof, each of principal dwellingingle building on a single lot containing three A s DWELLING, TRIPLEX foundation or foundation system constructed in conformance with the adopted building code.depth -The building must be anchored and attached to a permanent frost .term occupancy-longmanufactured housing codes for nd Urban Development U.S. Department of Housing aor codes site, that meet adopted building -constructed on site and those constructed partially or entirely off, including both those containing one dwelling unit located on a single lot A detached building FAMILY DETACHED-SINGLEDWELLING, 416 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 causes eye discomfort. thatThe brightness of light source GLARE point source of one candle.rface, all points of which are one foot from a uniform A unit of illumination produced on a su CANDLE FOOT off the light at a cutoff angle that is less than 90 degrees.direct and cut thatA luminaire with elements such as shields, reflector, or refractor panels TYPE LUMINAIRE-CUTOFF und from the light source.source and a line perpendicular to the groThe maximum angle formed by a line drawn in the direction of emitted light rays at the light CUTOFF ANGLE eliminated (cutoff) at a specific angle above the ground.or luminaire are completely ,The point at which all light rays emitted by CUTOFF DEFINITIONS EXTERIOR LIGHTING r Sand or Gravel Excavation.oSubstantial Land Alteration, Quarry, Activities involving EXCAVATION ACTIVITIES The artificial removal of earth material. EXCAVATION performed.provided, or industrial operations An economic unit, generally at a single physical location, where business is conducted, services ESTABLISHMENT first aid services.ambulance services or related emergency , police, fireablishment engaged in providing stAn e EMERGENCY SERVICE 80 miles of additional vehicle range from 20 minutes of charging time.-provides 60a current significantly higher than 220 volts and generally A Level 3 station uses 3. vehicle range from one hour of charging time. itionalmiles of add20 -01and generally provides approximately A Level 2 station uses at least 220 volt current 2. time. vehicle range from one hour of charging itionalmiles of addone to two approximatelyprovides generally A Level 1 station uses 110 volt current and 1. 417 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 A deposit of earth material placed by artificial means. FILL or screen areas of land.constructed barrier of any material or combination of materials erected to enclose An artificially FENCE disposable containers.or other ,involves serving food and/or beverages in edible containers or in paper, plasticthe premises, or off the premises as a carry out order, and whose principal method of operation ehicle parked on consume state for consumption within the restaurant building, within a motor vbusiness is the sale of food and/or beverages in a ready to primaryAn establishment whose FAST FOOD RESTAURANT bond between members. d economic unit, or evidence of a domestic like structure of authority, an integrate-as a familynegative impact on the residential character of the neighborhood including such characteristics permanent with a bona fide single housekeeping unit that is unlikely to have any significant ly stable and a group of individuals persons living together as a relative FAMILY considered the secondary façade.street or parking lot serving the business center but not the main access to the building is A wall that is visible from a public ade.architectural features will be considered the primary faça public street or parking lot and used for the main public access or that has distinguishing The wall visible from The exterior walls of a building exposed to public view from a public street. ÇADEFA structure or facility. Any Increase in a dimension such as number of units, size, area, volume or height of an existing EXPANSION .natural resistance to decay, including redwood and cedars; or treated woodcontain sapwood from species of wood having a thatand black locust; grades of lumber cedars,The heartwood from species of wood having natural resistance to decay, including redwood, EXTERIOR WOOD d decorative parts.anA complete lighting unit consisting of a light source and all necessary mechanical, electrical LUMINAIRE 418 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 ge facilities. facilities, and waste handling and storastations, wastewater treatment facilities, public electric utilities, water plants, fuel storage hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police cal facilities include be insufficiently mobile to avoid loss of life or injury. Examples of critireactive materials, and those that house occupants that may -highly volatile, toxic or water ilities necessary to a community’s public health and safety, those that store or produce acF may be evident.where the path of flooding is unpredictable and undetermined, and where low velocity flow base flood depths from one to three feet where a clearly defined channel does not exist, Flood Insurance Rate Map (FIRM) with ’s An area of shallow flooding shown on the City AO ZONE definitions shown below.wing terms shall have the When used in the context of regulating flood protection, the follo -FLOOD PROTECTION lot area.requirements or allow for provision of adequate yards or setback shall be counted as part of the f the lot of adequate width to meet lot width Only that portion o or setback requirements.is sufficient to provide adequate space to meet yard way-of-rightsome distance back from the street can only be used for access purposes and not as yard or buildable area, and whose width the lot closest to the , shaped in such a manner that the portion of UDCrequirements of this has only sufficient frontage on a street to comply with the required access width thatA lot FLAG LOT a fee with limited hours.nd guests of the organization, or open to the public for can be open only to bona fide members a thatprofit, and -for-people to maintain or improve their physical fitness, operated for profit or notdesigned and equipped for the conduct of exercise in a place with facilities and equipment for building or po of a ingAn Indoor Entertainment or Recreation use consist FITNESS CENTER discharges shot or a projectile by means of an explosive, a gas, or compressed air.ding but not limited to pistols, revolvers, rifles, muzzleloaders, and shotguns that A gun inclu FIREARM teller machines and offices.and fiduciary activities. Accessory uses may include automatic check cashing, investments, services may include deposit banking and closely related functions such as making loans, duals and businesses. These A facility that provides financial and banking services to indivi FINANCIAL INSTITUTION 419 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 ghest adjacent grade at the structure’s proposed location on the ground.FIRM to the hielevation is established by adding one foot above the depth number specified in feet on the In Zone AO, the flood protection floodplain that result from designation of a floodway.y increases in flood elevation caused by encroachments on the flood plus an regionalthe The flood protection elevation is an elevation no lower than one foot above the elevation of FLOOD PROTECTION ELEVATION sanitary facilities, structures, and their contents.duce or eliminate flood damage to real estate, water and structures and properties that reAny combination of structural and nonstructural additions, changes or adjustments to FLOOD PROOFING water including that land covered by the regional flood.has been or may be hereafter covered by flood thatbody of water The land adjacent to a FLOODPLAIN incorporated floodplain maps are based., upon which the erosion hazardsrelated -examination, evaluation, and determination of mudslide (i.e. mudflow) and/or floodand if appropriate, corresponding surface elevations, or an determination of flood hazards, n examination, evaluation and ncludes aand Incorporated Areas, dated ____, which iThe attached material includes the Flood Insurance Study for Olmsted County, Minnesota, FLOOD INSURANCE STUDY od Insurance Rate Map (DFIRM). has been made available digitally is called a Digital Flospecial hazard areas and the risk premium zones applicable to the community. A FIRM that An official map on which the Federal Insurance Administrator has delineated both the FLOOD INSURANCE RATE MAP term "floodway fringe" used in the Flood Insurance Study.Flood fringe is synonymous with the That portion of the floodplain outside of the floodway. FLOOD FRINGE regulation. fences and rigid walls, are regulated as structures for purposes of floodplain chain link of floodplain regulation. Fences that have the potential to obstruct flood flows, such as d), that is not considered to be a structure for purposes -Statutes, Section 344.02, Subd. 1(aosts and horizontally run wire, further defined by Minnesota An open type of fence of p FARM FENCE both sides of a stream are capable of conveying a proportionate share of flood flows.A method of determining the location of floodway boundaries so that floodplain lands on EQUAL DEGREE OF ENCROACHMENT 420 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 in, along, across, or projecting into any channel, watercourse, or regulatory floodplain that channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter utment, projection, excavation, Any dam, wall, wharf, embankment, levee, dike, pile, ab OBSTRUCTION elevation design requirements of 44 Code of Federal Regulations, Part 60.3. -such enclosure is not built so as to render the structure in violation of the applicable nonor; provided, that area other than a basement area, is not considered a building’s lowest flo resistant enclosure, used solely for parking of vehicles, building access, or storage in an The lowest floor of the lowest enclosed area (including basement). An unfinished or flood LOWEST FLOOR n 44 CFR 59.is not located in a Special Flood Hazard Area as defined idocumentation for findings that have been made showing that single a lot or single structure A document issued by the Federal Emergency Management Agency providing LETTER OF MAP AMENDMENT (LOMA) ).from debris or ice, and the hydrologic effects of urbanization of the watershedfloodway condition such as wave action, bridge opening and floodway obstructions resulting ontribute to flood heights greater than the height calculated for a selected flood or could ccontrol works. (Freeboard is intended to compensate for the many unknown factors that A factor of safety usually expressed in feet above a design flood level for flood protective or FREEBOARD building code. state proofing measures as defined by theDifferent classifications of flood 5-4, FP-3, FP-2, FP-1, FP-FP channel, that are reasonably required to carry or store the regional flood discharge.The minimum channel of a watercourse and those portions of the floodplain adjoining the FLOODWAY tions.reasonable characteristic of the Rochester region, excluding rare combinasevere combination of meteorological and hydrologic conditions that are considered the critical flood runoff volume and peak discharge that may be expected from the most representing A hypothetical flood estimated and mapped by the U.S. Corps of Engineers, FLOOD, STANDARD PROJECT term "base flood" used in the Flood Insurance Study.Regional flood is synonymous with the year-100the magnitude of the ge frequency in and reasonably characteristic of what can be expected to occur on an averais representative of large floods known to have occurred generally in Minnesota thatA flood FLOOD, REGIONAL 421 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 orces, without failure, from the building to the loads and transfers these and other imposed f A permanent foundation that provides adequate support of the building’s vertical and horizontal FOUNDATION OR, FOUNDATION SYSTEM Establishes the maximum ratio of floor area to net buildable area on a zoning lot FLOOR AREA RATIO feet shall be computed on the basis that each 15 feet of height shall be equal to one floor.The floor area for enclosed space having a floor to ceiling height in excess of 20 to the public.ea not intended for human habitation or service porches, or basement or other subterranean arthan six feet, any space devoted to mechanical equipment, terraces, breezeways or screened any interior parking spaces, loading spaces, any space where the floor to ceiling height is less ngs, but not including outside faces of walls or the centerline of party walls separating two buildisum of the gross horizontal area of the several floors of a building measured from the The (OF A BUILDING) FLOOR AREA Federal Regulations, Part 59.1. is as defined in 44 Code of , “historic structure” floodplain regulations in this UDCthe the structure’s continued designation as a “historic structure.” For the purpose of Any alteration of a “historic structure,” provided that the alteration will not preclude 2. or ;iving conditionslare the minimum necessary to assure safe that local code enforcement official and have been identified by the that local health, sanitary, or safety code specifications Any project for improvement of a structure to correct existing violations of state or 1. include either: regardless of the actual repair work performed. The term does not improvement. This term includes structures that have incurred “substantial damage,” alue of the structure before the “start of construction” of the 50 percent of the market vdamage, addition, or other improvement of a structure, the cost of which equals or exceeds reconstruction, rehabilitation (including normal maintenance and repair), repair after day period, any -ulation, within any consecutive 365For purposes of floodplain reg SUBSTANTIAL IMPROVEMENT percent of the market value of the structure before the damage occurred. the cost of restoring the structure to its before damaged condition would equal or exceed 50 gin sustained by a structure where For purposes of floodplain regulation, damage of any ori SUBSTANTIAL DAMAGE list.See definition in general definition ORDINARY HIGH WATER LEVEL catching or collecting debris carried by such water.the direction of the flow of water, either in itself or by may impede, retard, or change 422 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 enter.offices may be part of a permanent garden cLandscaping services may be a part of the garden center. Greenhouses or retail buildings and center including cut flowers, indoor live plants, Christmas trees and related retail products.also be part of a garden Related retails sales may fertilizer, pesticides, and small hand tools.and gravel; gardening supplies such as rock,walls; bulk materials such as mulch, topsoil, and landscape pavers,, outdoor live plants; landscaping materials such as lawn ornaments, tooutdoors include those products related to gardening and landscaping including, but not limited The products for retail sale that may be displayed and stored in a greenhouse or structure.ay and sale of products either inside or outside of a building or A retail business for the displ GARDEN CENTER other type of residential sale of tangible personal property.” and “basement sale” and any ,” “attic sale,,but not limited to “home sale ingincludresidential dwelling or residential neighborhood The sale of used household belongings at a GARAGE SALE and ,district, it shall be limited to use for parking and storage of vehicles, noncommercial trailersWhen associated with a residential use in a residential to the general public.establishment open is not a separate commercial thator equipment, and ,storage of vehicles, merchandisebuilding used for the parking and primarya A detached accessory building or a portion of GARAGE a public street or the boundary line of way-of-righta lot line coincides with the thatThe distance FRONTAGE accessory uses include a crematorium.cremating human remains, and arranging and managing funerals, and for which permitted such as preparing the human or animal dead for burial, An establishment providing services FUNERAL HOME A safe container for flammable fluids. FUEL TANK Automotive Center are excluded.supplies for motorists; and convenience foods and goods are sold. All services included in electricity, and hydrogen; related natural gas, diesel, gasoline, ethanol, A facility where fuels like FUELING STATION code as adopted by the City.building state undisturbed ground below the frost line and constructed in accordance with the 423 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 may that, cleaning, printing and publishing services, power laundries, and dry cleaning plantsps, carpet and rug lumber yards, utility yards, public maintenance sho contractor’s office or yard, a composting facility, including but not limited to manufacturing or processing of products it ischaracter even though has an industrial stablishment that An e HEAVY COMMERCIAL SERVICES or living facilities. ,alone or in combination with required cooking, eatingprovides sleeping facilities thathabitable room, singularly or in combination with other rooms, A HABITABLE UNIT oms or similar spaces.laundries, unfinished attics, foyers, storage space, utility rosuch enclosed spaces as closets, pantries, bath or toilet facilities, service rooms, corridors, or eating purposes, excluding ,room used or intended to be used for sleeping, cooking, living A HABITABLE ROOM 1 as Group Living Uses-1 400.08-Those residential uses listed in Tables 330.02 GROUP LIVING USE The total floor area designed for the occupancy and exclusive use of a tenant. emporary storage or display of plant material.tseason plants for subsequent sale, for personal enjoyment, or for the -of-delicate or outmaterial and in which the temperature and humidity can be regulated for the cultivation of of and sides are made largely of glass or other transparent or translucent A building whose ro GREENHOUSE the requirements of part 50.01 (2) of the Building Code. comply withaddresses how a proposed development will thatAn integrated set of documents GRADING PLAN .of those activitiesAny excavation or fill combination GRADING .from the building, between the building and a line five feet from the buildingstructure such as a retaining wall, or, where the property line or structure is more than five feet e building and the property line, or between the building and a stabilization area between thThe lowest point of elevation of the finished surface of the ground, paving or sidewalk within the GRADE beneficial use.Land area and equipment for the conversion of natural geothermal energy into energy for GEOTHERMAL ENERGY SYSTEM 442 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 contributing to a landmark district. A property designated by the City Council as a landmark property, a landmark district, or are. must be considered on account of the public health, safety, and welfsevere that rehabilitation of the structure no longer serves as a viable option and demolition term neglect of a historic structure that contributes to a level of dilapidation so -The long DEMOLITION BY NEGLECT structure or impairs its historic or architectural integrity. or any other action that reduces the stability or longevity of a inadequate maintenanceof the structure, other than for purposes of ordinary maintenance or repair, as well as removal of any material constituting part of a structure that affects the exterior appearance or in whole a historic resource. This includes the Any act or process that destroys in part DEMOLITION archaeological values for which a property or landmark district is considered significant.A building, site, structure, or object that adds to the historic architectural qualities or ONTRIBUTING PROPERTY C historic district.relocation, excavation, or new construction of a designated property or within a designated A permit issued granting an applicant approval for the alteration, change, demolition, CERTIFICATE OF APPROPRIATENESS earance or construction.modifies its appA change to the exterior of an existing building, structure, site, or feature that materially ALTER OR ALTERATION definitions shown below.When used in the context of regulating heritage preservation, the following terms shall have the NSHERITAGE PRESERVATION DEFINITIO district. in feet above grade, allowed for structures within a given zoning heightthe maximum Maximum height establishes or gambrel roof. ,eave and ridge of a gable, hipa mansard roof, or to the average height between the coping of a flat roof, or to the deck line ofThe vertical distance above grade along the building front measured to the highest point of the (OF A BUILDING) HEIGHT noise, along with intermittent truck traffic.and ,storage, and the creation of dirt, dust materials, the large expanse of land needed for thisgenerate negative impacts largely through their need for outside storage of equipment and 425 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 structure.of any existing or archaeological value regardless of the value cultural,or vanished, where the location itself ruined,building or structure, whether standing, The location of a significant event, a prehistoric or historic occupation or activity or a HISTORIC SITE culture. and archaeology, engineering, ,architecture history, local or regional, national, of patterns broad of representation or to contribution its for feature or property a of importance documented The SIGNIFICANCE HISTORIC .Procedures and Administration Chapter 60.500procedures in or related Heritage Preservation Overlay –HPO Section 60.200.040Cthe provisions of Properties including objects, buildings, structures, sites, landscapes, and districts subject to RESOURCE HISTORIC design, materials, workmanship, and association.The ability of a property to convey its significance relative to the aspects of location, setting, HISTORIC INTEGRITY Overlay district.d located within the Heritage Preservation A property listed on the City’s inventory an HERITAGE PRESERVATION PROPERTY and innovative strategies for achieving the identified goals and objectives. term priorities for the program, and identifies proactive -term and long-program, setting nearervation A plan established by the city that contemplates a vision for the city's historic pres HERITAGE PRESERVATION PROGRAM alterations or additions to designated landmarks or landmark districts. cument providing additional information for the review of proposed A locally specific do HERITAGE PRESERVATION DESIGN GUIDELINES disasteror other tornado,appurtenances thereto immediately threatened or damaged by fire, flood, Work necessary to prevent destruction or dilapidation to real property or structural Y REPAIR EMERGENC benefits, subject to the terms of this UDC. to recognize a property as historically significant and eligible for or Landmark District,Designation of Landmark Property , Section 60.500.040FThe formal process described in DESIGNATION 426 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 of Interior Standards. while removing evidence of other periods, which is one of four approaches to the Secretary erty to depict the property at a particular period of time in its history, RESTORATION features. of parts missing or deteriorated extensively of material, substitute compatible with or kind, in replacement limited The REPAIR another location. rom its original historically significant or existing location to Moving a building or structure f RELOCATION defining features, which is one of four approaches to the Secretary of -historic characterAltering a property to meet continuing or changing uses while retaining the property's REHABILITATION the Secretary of Interior Standards.which is one of four approaches to , replicating its appearance at a specific period of timesurviving site, landscape, building, structure, or object for the purpose of -detailing of a nonction, the form, features, and The act or process of depicting, by means of new constru RECONSTRUCTION Interior Standards.form as it has evolved over time, which is one of four approaches to the Secretary of enance and repair of existing historic materials and retention of a property's Active maint PRESERVATION associated with a specific setting and environment. constructed or primarily artistic in nature. It may be movable by nature or by design, but is A construction other than a building or structure that is small in scale and simply LANDMARK OBJECT .Section 60.500.040Fdesignat ed locally pursuant to A district, site, building, structure, object, or other property of historic significance LANDMARK .or a Demolition Permit is submittedhas interim protection if an application fevaluated for historic significance and designation as a landmark at a future time and that A list of properties identified by the Heritage Preservation Commission that may be INVENTORY 427 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 .Entertainment, Auditorium or Civic Center, or Indoor Gun Rangeserved as an accessory use, but does not include any use meeting the definition of Adult , and where food or beverages may be nasiumsor gympicture theaters, and fitness centers billiard, pool, or bingo parlors, amusement arcades, indoor archery ranges, indoor live or motion bowling alleys, recreation space, such as racquet clubs, indoor skating rinks or swimming pools, entertainment or A commercial recreation facility that provides completely enclosed or indoor ENTERTAINMENT OR RECREATIONINDOOR concrete, asphalt, gravel driveways, or permeable pavers; and other similar surfaces.idewalks; patios; swimming pools; parking lots; development, including rooftops; decks; sto run off the surface in greater quantities and at an increased rate of flow than prior to A constructed hard surface that prevents or retards entry of water into the soi land causes water IMPERVIOUS SURFACE h 38.Chapters 32 througRochester Code of Ordinances HOUSING CODE 1 as Household Living Uses-1 400.08-Those residential uses listed in Tables 300.02 HOUSEHOLD LIVING USE are available for rental periods of one week or less shall be considered a hotel or motel. in which unitsMultifamily Dwelling involved. Regardless of how rental units are equipped, any habitable units by prior arrangements, for compensation, without restriction on the time period uildings operated as an establishment providing accommodations in A building or series of b HOTEL OR MOTEL .unit the dwellingat or from unit Any gainful occupation or profession engaged in by the occupant of a dwelling HOME OCCUPATION Reconstruction. and Restoration Rehabilitation, Preservation, for Approaches includes and properties historic to alterations making or additions new designing as well as materials, historic replacing and repairing, maintaining, about Service Park National the by published concepts of series A PROPERTIES) HISTORIC OF TREATMENT (FOR STANDARDS INTERIOR’S THE OF SECRETARY period. restoration the from features missing of reconstruction and history its in periods other from features of removal the of means by time of period particular a at appeared it as property a of character and features, form, the depicting accurately of process or act The RESTORE 428 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 or block. row,he complete removal of trees or shrubs in a contiguous patch, strip, T INTENSIVE VEGETATION CLEARING be considered institutional property.not structure or land used for a public purpose shall Government owned or operated building, or airport. ,library, public or private school, hospital, place of worshipligious or educational organization, such as a Land used by a nonprofit, re INSTITUTIONAL PROPERTY manufacturing.products (pottery, cutting, finishing granite, firing and decorating clay products), and ice bulk stock), rubber and plastics (compounding processed resins, molding plastics), gravel based works, carpet and rug cleaning, furniture manufacture, paper (final processing from purchasedmaking) textiles, printing and publishing services, bottling -lumber products (millwork, cabinetrectly on a retail basis, and include uses in the following areas: wholesale basis to retailers or dilimitations. Typically, these uses result in the creation of finished products for sale on a surrounding areas through buffering and through separation required by yard and height be made compatible with generally can hat, tand without adverse environmental effectsfree, usually completely enclosed, -where the process involved is relatively clean and nuisanceor compounding of products ,stablishment involved in the processing, fabrication, assemblyAn e , LIGHTINDUSTRY .itydisposal facility, and waste transfer facil, solid waste products (manufacture of bricks, concrete, abrasives), lumber products (saw mills)assembly, engines, construction equipment), leather (storing, curing, tanning), gravel based vehiclet manufacturer (primary metals (blasting, smelting, rolling), machinery and equipmenplastics, paints, fertilizers, explosives, ink), petroleum products (refineries, bulk storage), slaughterhouse, meat packing plant), chemicals (manufacture of inorganic chemicals, resins, (involve primary production processes in the area of paper products (pulp mills), food processing areas, or may require large, tall structures that are unsightly. Heavy industrial uses typically traffic, may involve the use of large unenclosed production vehiclegenerate large amounts of . In addition, these uses may or materials ble, hazardous or poisonous gases, liquids,flammaabove ground storage of including glare/heat, fire/explosion hazards and waste disposalimpacts related to noise, smoke/particulate emissions, vibration, noxious gases, odors, adversely affecting surrounding land uses due to potential environmental have , and that assembling of materials from raw material or previously processed materialor ,stablishment involved in the manufacture, fabrication, processing, compoundingAn e , HEAVYINDUSTRY perated primarily for the use of firearms.An indoor area or facility designated or o INDOOR GUN RANGE 429 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 eway to a street or alley.abuts or is connected by means of a driv thatmaterials, and for the temporary parking of a commercial vehicle while loading or unloading merchandise or space or berth on the same lot with a building or contiguous to a group of buildings, street-offAn REALOADING A right of access for up to four lots.A roadway, privately owned and maintained and established on an easement, providing joint LIMITED ACCESS ROADWAY access roadway, serving both traffic control and aesthetic purpose.portion of a local street or A grassed or landscaped area located within the limits of the roadway WAY)-OF-LANDSCAPED ISLAND (IN A RIGHT .to be installed on a lot or parceland screening ,, landscapingbufferyardsdescribing may consist of both drawn and written materials thatts An integrated set of documen LANDSCAPE PLAN surface treatment such as decorative rock, bark, or stone.Land set apart for the plantings of grass, shrubs, trees or similar living plants, or other ground LANDSCAPE AREA solid waste.the purpose of disposing A permanent facility either publicly or privately owned and operated for LANDFILL for the Rochester Urban Service Area.portion of the Comprehensive Plan The Land Use Plan LAND USE PLAN machinery, or two or more unregistered, inoperable motor vehicles.or or other scrap of discarded goods, materials, ,abandonment of wastepaper, rags, scrap metal, building, or structure used for the storage, processing, or or land lot, parcelAll or part of a JUNKYARD streets cross at the same grade. public or private r morehere two oA place w INTERSECTION areas that are used for parking and traffic circulation.Landscaped areas within a parking lot that are surrounded on at least three sides by paved INTERNAL PARKING LOT LANDSCAPE AREAS roposed or approved during that time.term use of the property being p-A use approved by City Council for a specific period of time in anticipation of a different long IM USEINTER 430 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 The rear lot line(s) on irregular shaped lots with more than four lot lines are no rear lot line.Triangular shaped lots whose lot width narrows when moving away from the front lot line have is designated at the time of development. thatlot line; on a corner lot, an interior lot line On a rectangular lot other than a corner lot, the lot line opposite and most distant from the front LOT LINE, REAR separates a lot from another lot. thatside lot line A LOT LINE, INTERIOR SIDE , as determined by the City.abutting the propertyway -of-rightor roadway street public or private the predominant lot line separating a lot from A LOT LINE, FRONT A horizontal distance measured between the side lot lines. WIDTH LOT fronts upon two parallel or approximately parallel streets. thatA lot LOT, THROUGH way.-of-the lot line shall be deemed to be the boundary of said rightway, -of-Where any portion of a lot extends onto a public right street or any other public space.e divides one lot from another lot or from a public or privat thatA line of record bounding a lot LOT LINE horizontal distance between the front lot line and the rear lot line of a lot.average The LOT DEPTH forming an interior angle less than 135 degrees. A lot abutting two or more streets at their intersection, or upon two parts of the same street LOT, CORNER way or private street.-of-The area contained within the lot lines of a lot, excluding any right LOT AREA with the owner of the lot.lies way-of-rightlot abuts, even if ownership to such the of any street upon which way-of-rightdoes not include the that, or other publicly owned land, and way-of-rightdivided by a lot line, is not thatdivision defined by plat or by metes and bounds description, The smallest unit of land LOT of Cascade, Marion, Rochester, and Haverhill and a portion of High Forest.The most recent version of the Long Range Transportation Plan for the City and the Townships LONG RANGE TRANSPORTATION PLAN 431 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 consists of individually owned lots subdivided for the placement of manufactured homes. A entity or common owner(s) in a cooperative arrangement as opposed to a development that single ownership between the residents of the manufactured homes in the community and a lease arrangement -of such space. This development is typified by a landuse charged for the manufactured homes for dwelling or sleeping purposes, regardless of whether or not a fee is consists of two or more spaces for the placement of thatA residential development on a site MANUFACTURED HOME PARK 327. Minn. Stat. Ch. shed under constructed in compliance with the “manufactured home building code” as establi is certified as that , and ngin the buildiand electrical system contained ,heating, air conditioningpermanent foundation, when connected to the required utilities, and includes the plumbing, permanent chassis and designed to be used as a dwelling for one family, with or without on a or 40 feet or more in length, or when erected is 320 or more square feet in size, and is built , in the traveling mode, is eight feet or more in width thattransportable in one or more sections, facility for installation or assembly at the building site, site-A building, fabricated in an off MEMANUFACTURED HO supplies such as lumber or masonry products.for the keeping of building usedis characterized by the presence of an outdoor storage area thatretail sale of building supplies and household equipment An establishment engaged in the LUMBER YARD -2, and R-1, R-The R LOW DENSITY (RESIDENTIAL) DISTRICTS See also Site Area. a horizontal plane.he minimum size lot, in square feet, for certain types of residential development, measured on T LOT SIZE and regulations. ,ordinances, at the time of its recording, complied with all applicable laws, thatAny validly recorded lot LOT OF RECORD abutting the property, as determined by the City way-of-rightor roadway street secondary public or private A side lot line separating a lot from a LOT LINE, SIDE STREET Any lot line other than a front or rear lot line. LOT LINE, SIDE exceeding the width at the building line., when the endpoints of the line(s) are connected, create a line thates those interior lot lin 432 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 approval prior to their placement or construction. Zoning Certificateand structures within the approved subdivision must obtain ,buildingsAll uses, with this jurisdiction's regulations for subdivision. iescompl thatmanufactured homes consists of individually owned lots created for the placement of thatA development MANUFACTURED HOME SUBDIVISION common sidewalk or walkway area located parallel and adjacent to a private street lying used for development of streets (public or private) including the required boulevard and any landperimeter bufferyard area. The area of the lot shall not include any land devoted to the ning purposes shall not include any common or community open space or required rezomanufactured home. The area of the lot for thehome for the exclusive use of the residents of A parcel of land in a manufactured home park used for the placement of a single manufactured MANUFACTURED HOME PARK LOT .term occupancy-not intended for longaces are Recreational Vehicle Park in which spa Campground or as model homes in the park, nor does it include UDCin conformance with the manufactured homes, unless the manufactured homes for display or sale are permanently sited r the display and sale of manufactured home park does not include real property used fo 433 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 Veterinary a Clinic ordormitories, medical appliance sales, and similar uses, but not including care facilities, medical schools and associated medical research and development, outpatientincluding general medical and surgical hospitals, specialty hospitals, medical laboratories, bio (including surgical services) and other hospital services, as well as continuous nursing service, edical treatment diagnostic services, extensive m stablishment engaged in providingAn e YMEDICAL FACILIT be silent on a requirement, then the UDC requirements shall apply.Ordinances requirements shall prevail. Conversely, should the Mayo Special District Ordinances strict Mayo Special District Ordinances address a specific requirement, the Mayo Special Diprovisions of the UDC shall be construed to impose greater restrictions thereon. In the event the year Plan Update is submitted, and no -ict Ordinances”), at the time the 5“Mayo Special Distr ordinances governing the Medical Institutional Subdistrict and Support Campus (collectively, the year Plan Update, shall be subject to the respective -in the Mayo Clinic’s 5 strict and/or Support Campus, and which is stated or referenced Institutional SubdiAny construction or development that occurs within the boundaries of the Medical the Support Campus is subject to Ordinance #3534.Subdistrict is subject to the following Ordinances: #2726, #3669, and #4052; while Medical Institutional amended from time to time pursuant to applicable law. The Support Campus (shown in the maps below), the boundaries of which may be Two defined areas of the City, known as Medical Institutional Subdistrict, and the DISTRICTCAMPUS MEDICAL 434 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 hin a warehouse or terminal facility may be combined, broken down, Materials wit and serviced. ,(including tractor trailer units) involved with the operation of the business are stored, parkedincluding terminal facilities for handling freight, and maintenance facilities in which the truck shipment of goods and materials, engaged primarily in either the storage or tstablishmenAn e MOTOR FREIGHT AND WAREHOUSING same or greater width as the sign face.solid sign structure and which structure extends from the ground or base to the sign face at the or to its base on grade by a related, freestanding sign which is attached to the ground -A ground MONUMENT SIGN continuous exterior walls.building width and depth, as a means of breaking up the apparent bulk of a structure’s f portions of a building face within specified intervals of A stepping back or projecting forward o (OF A BUILDING FAÇADE) MODULATION Mobile homes are not permitted in the City. . homes or recreational vehicles, but not including manufactured site utilities-foundation as a dwelling when connected to ona permanent being transported in one or more sections and designed to be used with or withoutstructure built prior to June 15, 1976, on a permanent chassis, capable of HUD compliant -nonA MOBILE HOME with the standards of the underlying zoning district.es consistent to the design criteria contained herein, or for the placement of other dwelling typthree or more individually owned lots for either the placement of manufactured homes, subject complies with this jurisdiction's regulations for subdivisions, consisting of thatA development MIXED BUILDING TYPE DEVELOPMENT width shall be measured as the length of the tangent to the front yard line.ront lot line, the intersecting lot lines. On lots with curvilinear f-shall be measured between nonnumerical standard, in feet, for minimum lot width for certain types of development. This width A AT BUILDING LINEMINIMUM WIDTH residential development.for certain types of shall be provided thathe minimum amount of usable recreation space T AREARECREATION USABLEMINIMUM PERCENTAGE OF supervision, or home care services are provided. procedures for a period of one week or more, and where no supportive services, health nts or caregivers while the patient is receiving or waiting to receive health care treatmeaccommodations are furnished exclusively to medical patients, their families, and and in which County from Olmstead or statethat has been issued a lodging license from the A dwelling unit MEDICAL STAY DWELLING UNIT 435 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 located outside of an approved driveway in the front or street side yard on a property in a for a new development of the same type. The existence of parking spaces UDC required by this street parking spaces that would be -does not provide the number of off thatAny development NONCONFORMING PARKING it is located. whereminimum lot area or frontage requirements of the district does not comply with the thatwas adopted UDCe time this Any validly recorded lot existing at th NONCONFORMING LOT OF RECORD .UDCcontrol standards of this and that does not meet the appearance ,was adopted UDCin existence at the time this ,districtabuts a lot in a residential ,Residential-Nonis zoned that ot Any conforming use located on a l NONCONFORMING APPEARANCE to neighborhood park facilities may be considered part of the neighborhood park.and basketball courts, and skating rinks. Trail corridors providing access from residential areas ,ll fields, tennisplayground equipment, picnic areas, and areas suitable for use as ba residents’may also provide for the use of the thatopportunity for the enjoyment of open space, and the one or more neighborhoodspublic recreation facility designed to give residents of A NEIGHBORHOOD PARK or similar use. ,deli, groceryalcoholic beverages including a standard restaurant, bakery, coffee house, ice cream parlor, -business is the sale of food and/or non primarywhose ,to serve the local neighborhoodintended containing not more than 2,000 square feet of gross floor area, andstablishment An e NEIGHBORHOOD FOOD AND SERVICE A bar or rigid supporting strip between adjacent panes of glass. MUNTIN motor vehicle traffic.-non rotheand equestrians, ,pedestriansbicyclists, way or easement, and intended for use by -of-or a separate rightway -of-A path physically separated from motor vehicle traffic, located either within a street right USE TRAIL-MULTI vehicle. commercial storage of privately owned trailers, boats, campers, or similardealerships or the vehiclemachinery, recreational vehicles, and manufactured homes, including An establishment engaged in the display for sale or lease of automobiles, trucks, farm MOTOR VEHICLE SALES, LEASING OR STORAGE or materials is not included in this definition (see Heavy Industry). uids,gases, liqbove ground storage of flammable, hazardous or poisonous A chemically or physically changed.or aggregated for transshipment or storage purposes where the original material is not 436 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 motion of the interests of organizations operating on a membership basis for the proincluding music and including medical offices or clinics, studios for those involved in art, sculpture, natureor business ,conduct of affairs of a service, professional institutional production-non, retail-nonfor managing the affairs of an establishment or for the usedA room or group of rooms OFFICE .HousingOffender Transitional member of the offender’s immediate family shall not be considered or lodging facility owned by the offender or a period of time not exceeding one year. A dwelling term” shall mean a -family residential use. The term “short-singlelaw to be a permitted state ” does not include housing declared bycondition of their release. “Offender e housing as a Olmsted County Community Corrections and/or who are required to live in threlease who are receiving housing assistance from the Minnesota Department of Corrections or term housing to offenders on supervised release or conditional -ncipally to provide shortprihouse or hotel designed, intended, or used A dwelling unit or one or more habitable units in a OFFENDER TRANSITIONAL HOUSING or industrial building. ,or machinery in any institutional, commercial ,equipment, merchandiseinstallation, storage or use of The residing of an individual overnight in a habitable unit, or the OCCUPANCY related care to individuals.term nursing and health -stablishment primarily engaged in providing intermediate or longAn e NURSING HOME or later retail or wholesale sales.Land or greenhouses used to raise flowers, shrubs and plants f NURSERY .UDCit is located by the regulations of this wherein the zone would not be permitted to be established as a new use thatAn activity using land or structures NONCONFORMING USE tricts.flood proofing and elevation regulations of the floodplain overlay discomply with the tstructures that do no ingncludi it is located whererequirements of the district ,does not comply with the height, setback, density thatA structure NONCONFORMING STRUCTURE .UDCthat would not be permitted in the zone where it is located by the regulations of this Any sign NONCONFORMING SIGN procedure do not constitute legal, nonconforming parking.approved through a lot and site development approval residential district that were not 437 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 in theaters, -, driveswimming pools, skating rinks, golf driving ranges, miniature golf facilitiesfacility, such as baseball fields, air-openA commercial recreation facility that is primarily an RECREATIONT OR ENMNENTERTAI OUTDOOR establishment having the same operator. nadjacent to a, when located , employees, or tenantsconsumption of food or beverage by patronsoutdoor Any group of tables, chairs, or other seating fixtures and appurtenances intended for the normal summer pool.For reservoirs and flowages, the ordinary high water level is the operating elevation of the e top of the bank of the channel. watercourses, the ordinary high water level is the elevation of ththe natural vegetation changes from predominantly aquatic to predominantly terrestrial. For for a sufficient period of time to leave evidence upon the landscape, commonly that point where d wetlands and shall be an elevation delineating the highest water level that has been maintaineFor purposes of floodplain and shoreland regulations, the boundary of public waters and ORDINARY HIGH WATER LEVEL ble with surrounding development and land uses.activity is safe on the site and is compatidisturbed, required bufferyards and additional information necessary to ensure the excavation approval of excavation activities that describes the area to be Conditional Use Permitfor be submitted by applicants Plan and Report, required to Development A plan, including a Site OPERATIONS PLAN (FOR EXCAVATION ACTIVITIES) qualified land trust for purposes of monitoring the condition and maintaining the site.provides, at a minimum, for access by a public agency or a intentionally disturbed and that An area identified by easement or other mechanism that guarantees that the area will not be OPEN SPACE ” .site improvements” and “public improvements-site public improvements,” “development improvements,” “off-and off site-improvements,” “on“required includesThe term adequately handle the needs created by the proposed subdivision.reasonably related to the proposed subdivision and that are needed so that the facilities can r private utilities and improvements that are site public o-site or off-features, and similar onfloodplains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic lighting, sewers, electricity, gas and other utilities, and the protection and conservation of m drainage, public, streets, roads, trails, walkways, curbs and gutters, water, sewers, storThe sizing, grading, location or improvement of lots, structures, areas accessible to the general SITE PUBLIC OR PRIVATE FACILITY IMPROVEMENT-SITE OR OFF-ON or credit unions. , hospitals, golf and country clubs,worshipplace of organizations, labor unions, or civic or fraternal organizations, but not including fthe membership, including trade associations, business associations, pro 438 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 such as oil changes and car washes, as an accessory use.associated with a City designated park and ride may provide automobile maintenance services, Parking Lot or Garage district a permitted T-MXIn the .motor vehiclesparking spaces for or primary use provide accessory ,use parking primary-nonwith a buildingor constructed as part of a , either freestanding structureaboveground or belowground Any STRUCTUREARKING P and storage facilities for recreational vehicles, boats, and trucks seven feet in height or greater.above or below another level of parking in the same structure. This use does not include parking d van, in which at least one level of parking is located parking automobiles and light trucks anAn above ground and/or belowground structure, or a part of a primary structure, designed for PARKING GARAGE needs in a residential area.category also includes community lots that are established to meet the parking this, vehiclesparking spaces for motor accessory or primary use area whose purpose is to provide A surface LOTPARKING way.-of-Parking space shall not be from within the right from the street.spaces are accessed directly street parking of vehicles, where individual parking -A portion of a site improved for the off PARKING BAY wetlands, trails, or open space areas.on, development, or redevelopment of parks, playgrounds, recreational facilities, the acquisitiwide comprehensive plan adopted by the Rochester Park and Recreation Board for -The system PLANSYSTEM PARK park is considered part of a Park.A Community Center use within a public park buildings, trails, parkways, and related facilities.all , including Park Commissionersof by the City’s Board Public parks operated by the City or PARK An extension of the main walls of a building above the roof line. PARAPET area improved and necessary to provide access to such goods.including adjacent land hours andmaterial or merchandise in the same place for more than 24 The keeping, in an unroofed area or structure open to view on its sides, of any goods, junk, OUTDOOR STORAGE parks. amusement and alleys,acks, ranges (skeet, rifle, or archery), bowling , racetramphitheaters, outdoor concert halls 439 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 Recorder., if approved, will be submitted to the County thatfor approval and City for the division of land for purposes of development 's plan applicant nThe final map on which a PLAT, FINAL featureas an ornamental design façadebearing column attached to a building -A rectangular, non PILASTER photovoltaic effect, whether or not the device is able to store the energy produced for later use.electricity from incident sunlight by means of the A system of components that generates consideration, documented in a standard format.identification of the criteria from Section 60.200.040C5 for which the property is under interviews, field survey and professional analysis along with archival research, informant to be placed on an inventory, pursuant to Section 60.200.040C4. Typical methods include Sometimes called a “recognizance level survey”, the process used to identify historic properties PHASE I SURVEY those b, or the total combined length of all The boundaries or borders of a lot, tract, or parcel of land PERIMETER picnicking.and/or space for passive activities such as resting, reading, ies and landscaping to enhance the patron’s or public’s use of the oriented amenit-pedestrianpedestrian facility that promotes visual and pedestrian access onto the site and provides way between a building and a street or along a -of-An area located outside of the right ORIENTED SPACE -PEDESTRIAN .vehicleher than a motor ot using a wheelchair or other mobility aid foot ormoving about by A person PEDESTRIAN , or similar durable permanent permeable pavement.paving brickasphalt or a is made from concrete, thatA hard, smooth surface of a parking lot, driveway or drive aisle PAVEMENT the immediate vicinity of temporary supplemental feeding or watering devices.of animals is such that a vegetative cover is maintained during the growing season, except in or grazing and where the concentration n area where grass or other growing plants are used fA PASTURE 440 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 are defined separately. and a Public Utilityshall not be considered utilitiestelecommunication , wireless UDCFor the purposes of this service to the general public. communicationor sewer,gas, electric, transportation, water, al naturAny corporation or government entity supplying PUBLIC UTILITY facilities) for motor vehicle passenger transportation.including taxi cabs, passenger charter services, school buses, and terminals (including service d suburban passenger transportation, An establishment primarily engaged in furnishing local an PUBLIC TRANSPORTATION DISPATCH FACILITY a fee (hourly, weekly, monthly) or other consideration for the time a vehicle is parked on the lot. Public parking lots typically charge associated with any primary use or buildstreet parking of motor vehicles that is not -A public or private land area designed for the off PUBLIC PARKING LOT for the definition of Protected Lot. Protected Lots, Section 60.400.020F.2.aSee PROTECTED LOT limited to venders under a contract for deed.possession and enjoyment in contemplation of ultimate ownership. The term includes but is not owner of land, or the beneficial owner of land whose interest is primarily one of The fee PROPERTY OWNER and swings. seesaws,aside for recreation and play containing playground equipment, such as climbing toys, All play areas designed primarily for children including, but not limited to, an outdoor area set PLAYGROUND ger in effect., which is no lonOrdinance No. 1659 as amendedon specific parcels of land according to the provision of the previous Rochester Zoning Code Unique and separate zoning districts established by action of the Rochester Common Council PLANNED UNIT DEVELOPMENT uses.primarily intended for the conducting of organized religious services and associated accessory by design and construction are thatA building or structure, or groups of buildings or structures, PLACE OF WORSHIP submittal of a Final Plat for approval.prior to regarding compliance with this UDC and other standards and regulations adopted by the City, division of land for purposes of development is presented to the City for review and comment ’s plan for the applicant nA draft map on which aSubdivision. Also known as a Major Land PLAT, PRELIMINARY 441 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 vehicles.surfaces other than public roadways, and including trailers used to tranCraft designed for use on water or snow, as well as motorized vehicles designed for use on RECREATIONAL EQUIPMENT aimed for subsequent use after conclusion of the excavation activity.site will be recldescribes how the thatapproval of excavation activities Conditional Use Permitapplicants for Plan and Report, required to be submitted by Development A plan, including a Final Site RECLAMATION PLAN typically constitute a reach. issings between two consecutive bridge crosIn an urban area, the segment of a stream or river obstruction. made-manby a natural or A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced REACH stations and switching yards.railroad yards, freight including Establishments engaged in domestic freight and passenger transportation by rail RAILROAD TRANSPORTATION A Substantial Land Alteration meeting any of the above characteristics. 7. a crusher; or usingAn excavation activity 6. Activities that deposit soil, bedrock, or other earthen material on site; 5. being excavated or 100,000 cubic yards of earth for the entire site; Removal from a site of more than 20,000 cubic yards of earth material per acre of land 4. height;her to determine to the top of the exposed face. Multiple faces shall be added togetrock face shall be the vertical measurement from the lowest elevation of the excavation excavation in excess of 25 feet in height. The measurement of height of the exposed of or following The temporary or permanent exposure of rock face made as part 3. ;time during or following excavationAn exposed bedrock slope steeper than 3:1 that is over 25 feet in height occurring at any 2. or remove bedrock materials for ,mine, extractActivities principally designed to 1. ermit:Prading Gthresholds and exceeds practices allowed through a development activity that meets or exceeds any of the following A land disturbance or QUARRY 005.Subd.15.15a103G. Minn. Stat. Ch.defined by Those waters PUBLIC WATERS 442 Adopted September 7, 2022 Unified Development Code nsDefinitio Chapter 60.600 adult , but not includinglaundry and dry cleaning drop off facilities service-selffacilities; and ies and similar health care saunas, gymnasiums, and similar recreational facilities; dispensarswimming pools, tennis courts, playgrounds, playfields, meeting rooms, exercise rooms, newsstands, office supply sales, duplicating services, and similar retail stores and services; shops, cafeterias, and other eating establishments; barbershops, beauty shops, giftsnack bars, restaurants, but not limited to including use in the same building or developmenterve the occupants or patrons of another primary sdesigned primarily to ccessory useaA type of FACILITYRELATED SERVICE for the definition of Regulated Lot. Regulated Lots, Section 60.400.020F.2.bSee REGULATED LOT d or Torrens property.Registered Lan508. Registered Land Survey must go through appropriate application process to become Minn. Stat. Ch. The drawing or map of a subdivision prepared for filing of record pursuant to REGISTERED LAND SURVEY (RLS) of way line.-rallel to the right2) the line created by the existing curb location pa way line; or -of-way that is parallel to and five feet inside of the right-of-1) a line within the right way line: -of-closer to the existing rightstreet is whichever of the following two lines that is The reference line of any public or private REFERENCE LINE after the effective date of this UDC. energy operations-to-in support of wasteof this UDC and the establishment of new facilities on the effective date in existence facilityenergy -to-wasteof any the operation of and expansion Recycling Transfer Facility includes used materials before they are sent to a processing facility.A primary use of a lot or parcel of land for the separation and temporary storage of recycled or RECYCLING TRANSFER FACILITY recyclable materials are accepted from the public.use where primaryA small collection facility typically treated as an accessory to another RECYCLING DROP BOX property.age of recreational vehicles at a residence as an accessory to the primary use of the Stor RECREATIONAL VEHICLE PARKING motor homes.propelled -use including but not limited to travel trailers, truck campers, camping trailers and selfprimarily designed as temporary housing accommodations for recreational, camping or travel or driven and is hauled,can be towed, thatA temporary structure, less than 40 feet in length, RECREATIONAL VEHICLE 443 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 1) They buy and receive as well as sell merchandise; 2) They may process some g:the followin. These establishments are characterized by business centers and furniture and appliance sales, including household consumption and rendering services incidental to the sale of such goodsods or merchandise to the general public for personal or stablishment engaged in selling goAn e ESTABLISHMENTRETAIL of dwelling units within the development.A facility in a residential development that serves as a headquarters for sales and management RESIDENTIAL MANAGEMENT OR SALES OFFICE of the floor area is devote percent 05over in which A story within a building RESIDENTIAL FLOOR Amendments Act as amended and interpreted by the courts. Housing Act or the Federal Fair Fair Housing Federallive together as a household is protected by the , and including all facilities providing lodging to persons whose right to or treatment ,rehabilitationhour care, food, lodging, training, education, supervision, Minn. Stat §245A.02, Subd. 2 with 24 inition of “adult” in regularly provides one or more children, or one or more adults meeting the deffor gain or otherwise, thatof Minnesota, stateA public or private establishment licensed by the FACILITYCARE RESIDENTIAL use. primaryprotection of the rged with oversight or for the occupancy of a caretaker, security guard, or other person chause primarylocated on the premises of another and their related family that is Security Guardor accessory dwelling unit or manufactured home for a caretaker, owner, operator, manager, One SECURITY GUARDRESIDENCE FOR CARETAKER OR end products, on a contract or fee basis, and including pilot plant operation.or engineering and development as an extension of investigation with the objective of creating in the natural or physical sciences, for carrying on investigation facility stablishment or other An e RESEARCH AND TESTING .Services, MajorProfessional Service, Automotive Center, or Automotive Repair , and not meeting the definition of a Business or s, or other equipmentsmall engine ,stery)uphol-as televisions, washers and dryers, furniture (including re pounds suchweighing more than 25 generally engaged in miscellaneous repair services, primarily of products An establishment REPAIR AND MAINTENANCE SHOP or hotel.plant or research facility, as a multifamily dwelling, office or institutional building, manufacturing facilities, employment, or overnight accommodations for a significant number of persons, such use that provides living primaryThe Related Service facility shall be accessory to a district.same zone in the permitted or conditional useas listed is already thatuse any entertainment or 444 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 than 48 months.) designed to occur for more hapterA substantial land alteration (see 3. cubic yards from a single site; oracre of land being excavated or more than 100,000 Removal from the site of more than 20,000 cubic yards of unconsolidated sediments per 2. or remove unconsolidated sediments for ,Activities principally designed to mine, extract 1. ermit:Pg radinGexceeds any of the following thresholds and exceeds practices allowed through a that meets or including gravel, sand, or peatAn excavation or unconsolidated sediments SAND OR GRAVEL EXCAVATION l lanes and parking lanes, but not including driveways.including traveby motor vehicles, useThat portion of a street, common area or easement area improved for ROADWAY way.-of-The unit of government having control of the right of access to a right ROAD AUTHORITY way.-of-es that form the boundaries of a rightThe lin WAY LINE-OF-RIGHT or other similar use. streetscape improvements, street furniture,, intended to be occupied by a road, crosswalk, utility line, railroad, electric transmission lineor condemnation occupied or ,dedication, reservation, prescriptionA strip of land acquired by WAY-OF-RIGHT The legal authority providing for the right of ingress to or egress from a public street. RIGHT OF ACCESS A retail establishment that is over 25,000 square feet gross floor area. RETAIL, LARGE ss floor area.A retail establishment that is under 25,000 square feet gro RETAIL, MEDIUM ,000 square feet gross floor area.10A retail establishment that is under RETAIL, SMALL ,000 square feet gross floor area.3A retail establishment that is under RETAIL, NEIGHBORHOOD predominantly sell to customers for their own personal or household use.products, but such processing is incidental or subordinate to the selling activities; and 3) They 445 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 n.expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need due to constraints such as shallow soils over groundwater or bedrock, highly erosive or nsuitable for development in their natural state he preservation and management of areas uT SENSITIVE RESOURCE MANAGEMENT property, as determined by the City Engineer.created hazards to life or -topography, unstable soils, wetlands, or other natural or humans surface, high water table, or have difficult to periodic inundation, subsidence of the earth’, as well as properties that are subject other significant natural featuresstands of mature trees, , unstable or potentially unstable slopes, expansive soils, endangered species, wildlife habitathreatened or wetlands, tsignificant and/or fragile environmental qualities like Land that features SENSITIVE LANDS open to some persons outside the regular constituency of the organization.private, nonprofit organization to provide a public service that is ordinarily T SEMIPUBLIC USE spaces to tenants who have sole private access to such space for storing personal property.for the purpose of renting or leasing individual storage usedAn establishment designed and SELF SERVICE STORAGE FACILITY same result).particles to settle out of suspension or when the degree of slope is lessened to achieve the suspended is slowed to a sufficient degree and for a sufficient period of time to allow the velocity of water or wind in which soil particles are (Sedimentation occurs when the or wind.have been transported by water thatSedimentation shall mean the settling out of soil particles SEDIMENTATION site consumption.-fields for purchase and offblishments where customers gather their own produce from the include “pick your own” esta handicrafts or commercially processed or packaged foodstuffs shall be sold. Such uses also pickles, sauces or baked goods, and homemade handicrafts. No commercially packaged , home processed food products such as jams, jellies, sales of other unprocessed foodstuffsor plants. Such use may also involve the accessory herbs,fresh fruits, vegetables, flowers, gifts, holiday décor and seasonal Christmas trees, A building or structure used for the retail sales of SEASONAL SALES 3.932.2Stat. Ch. 1Minn. 120.05, or a nonpublic school as defined in Minn. Stat. Ch. A public school as defined in SCHOOL 446 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 located behind the message that illuminates the background.The sign message is raised off of the sign's background and illuminated by a light source BACK LIGHTING .shown belowregulating signs, the following terms shall have the definitions When used in the context of -SIGN designated for the exclusive use of pedestrian traffic.way that is -of-the street right or outsidewithin located surface or raise pathway -A hard SIDEWALK and for windbreaks.ting hedges, screening, height. Shrubs are typically low growing plants that can be used for creastemmed woody plants that at maturity are normally less than 15 feet in -Typically are multi SHRUBS designated by ordinance on a river or stream, whichever is greater. f a floodplain nd located within 300 feet from a river or stream, or the landward extent oLa SHORELAND at a setback of 50 percent of the building setback.Land located between the ordinary high water level of a public water and a line parallel to it IMPACT ZONE LANDSHORE A bluff and land located within 20 feet from the top of a bluff. BLUFF IMPACT ZONE -SHORELAND An area or facility designated or operated primarily for the use of firearms. SHOOTING RANGE OR GUN RANGE or other emergencies. ,aids, stormsof danger to human life from nuclear fallout, blasts, air rA structure or portion of a structure intended to provide protection to human life during periods SHELTER, STORM designated number of degrees and intersecting with the ground at the lot line.by a A theoretical plane extending over the lot and inclined upward from the horizontal SETBACK PLANE building and each of its lot lines at a given height.separation in linear feet, measured on a horizontal plane, required between the wall of a The SETBACK 447 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 walls of a building and not intended to be viewed by persons outside the building.inches inside the outer , and do not include signs located more than 18in a window displayor other objects visible merchandise ,illuminationwalkways by any means, including words, letters figures, designs, symbols, fixtures, colors, or ,displayed to attract the attention of the public while on public streets, highwaysis thator part thereof, situated outdoors or indoors, structure,Any object, device, display, SIGN .letters, and lightboxes, illuminated channel lightingThe sign is illuminated by a light source located inside of the sign structure including neon INTERNAL LIGHTING . structureof a building, wall, or iling, ground, or ceon the sideor similar work of art A painting MURAL .eA structure attached to and projecting from a wall of a building, located above an entranc MARQUEE messages that are electronically programmed or modified by electronic processes.component of a sign that uses changing lights to form a message or series of A sign or ELECTRONIC MESSAGE BOARD .the purpose of shielding windows or doorways from the elementsAn awning made of cloth or permanent construction, attached to the wall of a building, for CANOPY, SUN protection to outside customer service areas.overhead provides only thatlike structure attached to or detached from the principal building -A roof CANOPY, SERVICE each tenant on the site.An identification sign for a commercial site with multiple tenants, displaying the names of IGN, BUSINESS CENTERS not related to or on the premises where the sign is located.is or other matter that any person, product, event, service, directs attention to A sign that BILLBOARD like, vinyl, lightweight or other woven material on which a sign appears.-strip of cloth A BANNER 448 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 ally at the sign area.The sign is illuminated by spotlights directed specific SPOT LIGHTING been removed.Director that an existing legal nonconforming billboard and its supporting structure have with all applicable laws upon the furnishing of proof to the Community Development A benefit granting the holder of the credit the right to erect a new billboard that conforms SIGN CREDIT Signs in shop windows are included. .surfaceor other vertical building façade a building or an integral part of A sign mounted parallel to N, WALLSIG contain more than one sign designed to provide information to the public. thatare placed in a vertical or horizontal row and thatsign structure containing signs A SIGN, STACKED MULTIPLE DISPLAY FACES depends upon a parapet wall for support. thatg or A sign mounted on the roof of a buildin SIGN, ROOF .façadeattaches to and projects from a structure or building thatA sign, other than a wall sign, SIGN, PROJECTING . of the occupant of the lot or property today operations-is used for normal dayvehicle theway, unless -of-to or painted on vehicles parked and visible from the public right; umbrellas; and signs attached (excluding banners) flagsmovable balloons used as signs; frames; menu and sandwich board signs; -or T -d to Ameans of wheels; signs convertedesigned to be transported, including but not limited to: signs designed to be transported by Any sign not permanently attached to the ground or other permanent structure, or a sign SIGN, PORTABLE trailer.y transported on a the structure or attached to the structure in some manner, and usuallincludes a changeable message sign, either as an integral part of thatcharacter figure and A portable sign with a structure designed, in whole, to resemble an animal or other , NOVELTYNSIG type of base anchored to the ground.supporting sign resting on or supported by means of poles, standards of any other -A self TANDINGSIGN, FREES 449 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 3:1 . systems and parking canopy solar systems aictMounted Solar Collector includes agrivol-Building use.r is an accessory Mounted Solar Collecto-Collector may be a principal or accessory use. BuildingSolar nted Mou-Ground or water heating. ,electricity generation, space heating, space coolingwhich is to provide for the collection, inversion, storage, and distribution of solar energy for panel, array of panels or other solar energy device, the primary purpose of photovoltaic (PV)A MOUNTED-BUILDINGOR -COLLECTOR, GROUNDSOLAR detachment and transport of soil particles.The removal and/or loss of soil by the action or water, ice, gravity, or wind, including both the SOIL EROSION ace.in or activity sp-and drop s;counselling centeralcohol, drug, or substance abuse ;life skill and personal development programssheltering; daytime or overnight clothing, ,aid through the provision of food ;skill development ;counselling ;referral servicesServices may include but are not limited to information and organizations.making -compensation, or at a fee recognized as being significantly less than charged by profitsocial or welfare services to those in need, for no fee or sstablishment that provideAn e SOCIAL SERVICES 3 feet horizontal to 1 foot vertical slope = 3:1 = magnitude.An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical SLOPE standards. UDCed development will comply with the whether the propospurpose is to provide the necessary information needed for an approving authority to decide may consist of both drawn and written materials whose thatAn integral set of documents NPLADEVELOPMENT SITE .orizontal plane. See also Lot Sizeuse may occur, measured on a hThe minimum size of parcel or tract, in square feet, on which the development of a particular SITE AREA Any lot or parcel or combination of lots or parcels assembled for the purpose of development. SITE 450 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 rector.Development DiDepartment of the City under the supervision of and subject to the authority of the Community Community Development The Community Development Director and all employees of the STAFF etion, urination, menstruation, vaginal or anal irrigation.Human excr 7. human being; orErotic or lewd touching, fondling, or other sexually oriented contact with an animal by a 6. flagellation, torture, fettering, binding or other physical restraint of any such persons; ord who are engaged in activities involving the or in sexually revealing costumes, anSituations involving a person or persons, any of whom are nude, clad in undergarments 5. orFondling or touching of nude human genitals, pubic region, buttocks, or female breasts; 4. l copulation, coitus, or masturbation; orUse of human or animal ejaculation, sodomy, ora 3. tumescence; oror arousal,Clearly depicted human genitals in the state of sexual stimulation, 2. pederasty, pedophilia, piquerism, zooerasty; orcoprophagy, coprophilia, cunnilingus, fellatio, necrophilia, sex, anal anilingus, conduct:context of a sexual relationship, and any of the following sexually oriented acts or torture in the context of a sexual relationship, or the use of excretory functions in the or flagellation,cal stimulation of unclothed genitals, copulation, bestiality, direct physiActual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal 1. Activities consisting of the following: SPECIFIED SEXUAL ACTIVITIES covered.discernibly turgid state, even if completely and opaquely Human male genitals in a 2. anus, or female breast(s) below a point immediately above the top of the areola; andLess than completely and opaquely covered human genitals, pubic region, buttock, 1. Anatomical areas consisting of: SPECIFIED ANATOMICAL AREAS hool.of a College or University or Scdoes not meet the definition education instruction, or any other instructional establishment that , establishments providing art or physical degree granting schools-along with nonprograms; assistant medical and paralegal or ;schoolscomputer, networking, and technology ;schoolscosmetology ;schoolslearning -distancevocational or including but not limited to a fee basis, stablishment engaged in furnishing specialized academic or technical courses, normally on An e SPECIALIZED EDUCATION 451 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 generally designated by a name.sac that is not interrupted by a through roadway and -de-roadway ending in a cul A LANE name.curvilinear roadway of more than 1,000 feet in length and generally designated by a A DRIVE e length.same roadway and generally designated by one name throughout its entirroadway having a horseshoe shape and whose terminus point begins and ends at the A COURT generally designated by a name.g a closed loop that is not interrupted by a through roadway and roadway containin A CIRCLE roadway divided by a landscaped center island and generally designated by a name. A BOULEVARD and generally designated by a number. line,grid roadway aligned in a north and south direction, conforming to the appropriate address A AVENUE have the definitions shown below.the following terms shall , public or private roadwaysdesignating When used in the context of STREET NAMING RELATED DEFINITIONS are not bluffs. distances of 50 feet or more thatl over horizonta percent ands having average slopes over 12L STEEP SLOPE Food is served on ceramic, porcelain, glass or similar table ware. 4. .restaurant buildingcafeteria type operation where food and beverage generally are consumed within the A 3. and/or ;edthe food and/or beverage are consum wheretable or counter ustomers, are served their food and beverage by restaurant employees at the same C 2. restaurant employee from menus at the table; and/orbe seated by a restaurant employee and place their order to the Customers may 1. following characteristics: of the f operation includes two or moreready to consume state, and whose principal method obusiness is the sale of food and/or beverage to customers in a primaryAn establishment whose 452 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 feet above grade for floor space is more than six level directly above a usable or unused underIf the finished floor between the upper surface of the topmost floor and the ceiling or roof above.of the floor next above, except that the topmost story shall be that portion of a building included er surface That portion of a building included between the upper surface of any floor and the upp (OF A BUILDING) STORY applicable regulations and standards. engineering process and calculations performed to design a development in compliance with also presents the The stormwater management plan water quality, conveyance, and flooding.the mitigation necessary to meet applicable ordinances, regulations, and standards related to engineering analysis that describes the effect of development on an existing landscape and An STORMWATER MANAGEMENT PLAN trailers.-or truck ,trailers-storage containers, containerized storage devices, semicontainers are also referred to as cargo containers, temporary storage containers, portable Storage for the collection of solid waste. or roll off containers that are used ,dumpsters storage,hobby , garden, or household typically used forsheds prefabricated city parks and schools, This definition excludes warming sheds at a site and removed from the trailer used for transport.trucked to contained unit that includes wheels and is licensed as a vehicle or a unit that must be -A storage container may be a self structure without any attached foundation or footings.ts that are periodically removed from a property by truck and are considered a individual uniStorage containers are . and is intended to be used for storage purposes building primary not part of athat is or other construction materials, fully enclosed structure made of metal A STORAGE CONTAINER and generally designated by a number. line,west direction, conforming to the appropriate address grid -roadway aligned in an east A STREET designated by a name.diagonal or curvilinear roadway more than 1,000 feet in length and generally A ROAD Olmsted County.or ,roadway constructed on private land and not maintained by a city, township A PRIVATE ROADWAY designated by a name.short curvilinear or diagonal roadway less than 1,000 feet in length generally A PLACE te or park drive generally designated by a name.special scenic rou A PARKWAY 453 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 t entire extent of the lot. The vertical subdivision is intended to allow each vertical componenplatted area is vertically separated by simple planes across the A subdivision where the SIMPLE VERTICALSUBDIVIONS, (sub. 12).462.352 Minn. Stat. Ch. empted by any combination thereof, except for those subdivisions exor alleys, for residential, commercial, industrial or any other use or roads,creation of streets, long term leasehold interests where the creation of the leasehold interests necessitates the r into or tract of land into two or more parcels, tracts, lots, o parcel,he separation of an area, T SUBDIVISION on the same premises for an undetermined length of time.is not designed for attachment to the ground, to another structure, or to any utility system thatis designed to be transportable and thatA building or structure without foundation or footings STRUCTURE, TEMPORARY installed on, above or below the surface of land or water.upancy, or ornamentation, whether A combination of materials to form construction for use, occ STRUCTURE girders, or any change in the dimension or configuration of the roof or exterior walls.Any change in the supporting members of a building, such as the bearing walls, beams or BUILDING)OF A ( STRUCTURAL ALTERATION .that has been dedicated for public use way-of-A street established on a right STREET, PUBLIC A street owned and maintained by one or more private property owners. STREET, PRIVATE and related facilities. ,sidewalks, paths, and pedestrians, including roadway, boulevard, medians, islands ,motorized vehicles-A strip of land used or intended to be used for the passage or travel of motor vehicles, non STREET not more than 8 feet below grade at any point.f the total perimeter, or o percent feet below grade for more than 50four level is not more than in a building having only one floor level shall be classified as a first story, provided such floor qualifies as a story, as defined herein, except that a floor level thatn a building The lowest story i (OF A BUILDING) STORY, FIRST usable or unused under floor space shall be considered as a story.of the total perimeter or is more than 12 feet above grade at any point, such more than 50 454 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 of the skin; skin of any person, using ink or other substances that result in the permanent coloration The placement of designs, letters, figures, symbols, or other marks upon or under the 1. business activity is the practice of one or more of the following: primaryAn establishment whose TATTOO OR PIERCING PARLOR ground located adjacent to said swimming pool. feet above the naturalA swimming pool whose exposed sides have a height of more than 24 inches, but less than four SWIMMING POOL, SURFACE adjacent to said swimming pool.A swimming pool whose sides are not exposed and are below the natural ground located GROUND-SWIMMING POOL, IN ground located adjacent to said swimming pool.A swimming pool whose exposed sides have a height of four feet or greater above the natural SWIMMING POOL, ABOVE GROUND containing water to a depth at any point greater than 24 inches.building and capable of or open tank not located within a completely enclosed ,private recreational pool, pond, lake A SWIMMING POOL Any movement of earth on the entire parcel in excess of 100,000 cubic yards. 5. vertical feet for any portion of a parcel; orexisting grades of ten or more -A movement of 500 cubic yards or more of earth that involves a change in natural or pre 4. height occurring at any time during or following excavation;drock slope steeper than 3:1 that is over ten feet and less than 25 feet in An exposed be 3. cubic yards of earth material per acre; gross cubic yards of earth material per acre gross The removal from a site of more than 10,000 2. Grading activities designed to occur for more than 24 months and less than 48 months; 1. ermit:Pading rGpractices allowed through a A development activity that meets or exceeds any of the following thresholds and exceeds SUBSTANTIAL LAND ALTERATION he entire breadth of the lot.across the platted area is separated by anything other than simple planes A subdivision where t COMPLEX VERTICALSUBDIVISION, spaces and/or residential units.of the lot to be located within a separate legal parcel, and not to subdivide individual tenant 455 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 pieces of a collapsed monopole tower as a result of a structural failure.predicted area of land identified by a registered engineer that will completely contain all the es the A graphically represented, geographically identified boundary that encompass FALL ZONE quipment used by wireless telecommunications services.eA cabinet, structure or building that houses telecommunications and related electrical PMENT STRUCTURE OR CABINETEQUI . CWTSdesign, and shape, and that does not visually stand out as a buildings, structures, and landscaping, including height, color, style, massing, placement, that is aesthetically integrated or otherwise consistent with surrounding existing CWTSA ECWTS, STEALTH ON EXISTING STRUCTUR similar structure.equipment. The support structure may be a wooden pole, steel monopole, lattice tower, or A CWTS that consists of a standalone support structure, antennas, and associated CWTS, FREESTANDING ns services. telecommunicatiofor mounting wireless telecommunications antennas by more than one provider of wireless , including a public utility structure, as other CWTS the same structure A CWTS located on ED ON EXISTING STRUCTURELOCAT-COCWTS, unications utilities. broadcasting antennas are not considered to be wireless telecommcommercial or -paging and similar services that are marketed to the general public. Non(PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), nication services to provide telecommunication services including cellular, personal commuequipment buildings or cabinets, parking area, and/or other accessory development in order signals, telecommunications tower or similar structures supporting said equipment, n of such dishes, horns, and other types of equipment for the transmission or receptiotelecommunications antenna. It may include: antennas of all kinds including microwave A facility that transmits and/or receives signals or waves radiated or captured by a wireless COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICE (CWTS) definitions shown below.When used in the context of regulating telecommunications, the following terms shall have the -TELECOMMUNICATIONS other decoration.inserting jewelry or Creation of an opening in the body of a person for the purpose of 2. 456 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 consecutive days.premises for the purpose of occupancy for more than 30 any utility system on the same is not attached to the ground, to another structure, or to thatdesigned to be transportable and is thatAny tent, recreational vehicle or other temporary structure used for human shelter TEMPORARY HOUSING tion steel towers.(such as monopoles, masts, poles, or guyed towers) and lattice construcantennas. Examples of such structures include, but are not limited to, freestanding poles . A structure intended to support wireless telecommunications CWTSA component of a TIONS TOWERWIRELESS TELECOMMUNICA . adirectional antennas (such as whips), but not including -directional antennas (such as panels, microwave dishes, and satellite dishes) and omnior other commercial signals. It includes, but is not limited to, (excluding radar signals),captures electromagnetic waves, digital signals, analog signals, radio frequencies mounted on a tower, building, or structure and used in communications that radiates or . Any exterior transmitting or receiving device that may be CWTSA component of a WIRELESS TELECOMMUNICATIONS ANTENNA anchors used to mount an antenna.A tower consisting of a single, enclosed pole, constructed without guy wires and ground MONOPOLE-TOWER antenna.mount an supporting three or four sided, open, steel frame tower used to -A guyed or self LATTICE-TOWER mount an antenna.A tower that is supported, in whole or in part, by guy wires and ground anchors used to GUYED-TOWER similar apparatus above grade.stem, or purpose of mounting an antenna, meteorological device, wind energy conversion syincluding supporting lines, cables, wires, braces, and masts, intended primarily for the nd or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, Any grou TOWER includes associated equipment cabinet(s)., and CWTScell -each, and does not exceed 35 feet in height for a freestanding smallhas three or fewer antennas, no greater than four feet long CWTScell -capacity. A smallincreased localized network that is designed to act as a booster site that provides CWTSA CWTSCELL -SMALL 457 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.6 that are a hazard, or of dead trees o trim or remove dead trees or partsT 2. ,the spread of disease and noxious weedsN 1. :actionsnatural ground cover and plant or woodland growth shall not be removed except through the , in whichrea of special site preservation to qualify for floor area or density bonusn aA UNDISTURBED, AREA OF in plantings. c purposesaesthetishade and grow naturally under the canopy of larger trees, where they are used for variety and or plantings often prefer ssized tree-to mediumThese small between 15 and will normally be ,t maturitythat, a trunks stem-e or multiPlantings or trees that consist of singl UNDERSTORY PLANTING OR TREE .end of the parking lotend parking lot designed to allow for the backing of vehicles at the -An area at the end of a dead TURNOUT two axle trucks.or the rental/leasing of automobiles or ,movements, such as freight forwarding, parking servicesstablishment furnishing services related to the arrangement of persons and goods An e TRANSPORTATION SERVICES porches and as open area for parking structures.area for between interior and exterior. Measured as glass area for buildings, glass or screen he ability to see through with clarity. An opening in the building wall allowing light and views T TRANSPARENCY uthority of a public street.Aoad Rneer for the applicable The traffic engi TRAFFIC ENGINEER and/or other similar court games. handball,squash, An indoor or outdoor facility designed with courts specifically for the recreational use of tennis, TENNIS COURT not the owner of that property. ant at an address who is For the purposes of public notice, any leaseholder, resident, or occup TENANT alteration of any permanent building or structure.use upon the expiration of such time. A temporary permit shall not involve the construction or with intent to discontinue such the applicable zoning district established for a fixed period of timeA permit that allows property to be used in a manner that does not conform to the regulations of TEMPORARY PERMIT 458 Adopted September 7, 2022 Unified Development Code Rochester, Minnesota Definitions 00 Chapter 60.600 Mounted Wind Energy Conversion System (WECS). -Buildingor -or GroundMounted Solar Collector, -or Building -Geothermal Energy System, GroundMajor Utility does not include .services to large geographic area or a large number of peoplethat enable the provision of utility facilitieslarge and other , 110 KV of power overthat transmit , electric power lines pondsreservoirs, regional stormwater detention ground -or below -above, sewage treatment plants, treatment plantswater , electric substations, regulating stationsgas natural towers,but not limited to water including employees on the site on an ongoing basis sometimes havenormally entails construction of new buildings or structures, and that A facility providing an important regional utility service, such as water, sewer, or drainage, that UTILITY, MAJOR or accessory uses. The primary use of land or buildings as distinguished from subordinate PRIMARYUSE, A use of land that is secondary and subordinate to the primary use of land. USE, ACCESSORY which land or buildings are occupied or maintained. ,arrangedThe purpose or activity for which land or buildings are designed, (OF LAND) USE designed for the conduct of active or passive recreation. primaryA space provided as an accessory use on the same lot or site as a AREAUSABLE RECREATION Code of Ordinances.Rochester provisions of the applicable with all complyt mus All such activities. the keeping of any large animalsor slaughtering or selling meatdoes not include but for the purpose of producing eggs, chickensand cing honey produfor the purpose of includes the raising of small animals like bees Urban Agriculture premises. and sale of food products from food grown on the Such use may include the productionnd/or horticulture crops, aquaponics, aquaculture, and/or hydroponics. The cultivation of food a URBAN AGRICULTURE industrial development.area ratio, a shift from residential to commercial development, or a shift from commercial to indicated by an increase in density, a broadened range of authorized uses, an increased floor More intensive development is A change in zoning allowing more intensive development. UPZONING control the erosion of soil from the site.To 3. 459 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 decks.boathouses, gazebos, screen houses, fish houses, pump houses, and detached limited toincluding but not setback gbuildinneeds to be located closer to public waters than the normal , because of the relationship of its use to a surface water feature, reasonably thatretaining walls, small above ground building or other improvement, except stairways, fences, docks, and A ORIENTED ACCESSORY STRUCTURE OR FACILITY-WATER The vertical exterior surface of a building. WALL use trail.-or multia sidewalk, bikeway, meet the definition ofnot that doesway for pedestrian or bicycle -of-A right WALKWAY intersection visibility.on of specific evaluati-and Transportation Officials (AASHTO) standards based on a sitespecific basis, apply American Association of State Highway -the City Engineer may, on a siteAs an alternative to Subsection a, of intersection of the driveway and lot line. line from the pointintersection of two streets, or by joining points measured 10 feet back along a driveway and lot triangular area formed by joining points measured 30 feet along the property line from the The registered land survey. building or proposed building project bydimensional subdivision of space into separate ownership parcels within an existing -The three VERTICAL SUBDIVISIONS .definition in thisA single instance of incidental breeding of a household animal is not included breeding services.or ,surgery, along with those providing animal related services such as kennels, groomingor ,stablishment engaged in the practice of veterinary medicine, dentistrye commercial A SERVICESAND ANIMAL VETERINARY applicable zoning district.the Any deviation, other than a minor modification or a major modification, from the regulations of VARIANCE .110 KV of power overthat transmit s electric power transmission lineions, and related underground and aboveground pipes and wires, but excluding pumping statand service boxes, gas regulator stations, telephone service boxes, and well, water and sewer but not limited to electric transformer stations including located at the site on an ongoing basismployees e , and that typically do not haveructuresand that involves only minor accessory stEquipment necessary to support utility services to development within the immediate vicinity UTILITY, MINOR 460 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 or licensed day care facility. library,A public playground, public swimming pool, public YOUTH FACILITY defines the required yard area. thatrequired yard or setback equal to the depth of the minimum A line drawn parallel to a lot line at a distance therefrom YARD LINE The shortest distance between a lot line and a wall of a building located on the lot. YARD DEPTH .UDCunobstructed and open to the sky except as may be specifically provided for in this yard is Such building and the nearest lot line. primaryA ground level open space that lies between a YARD having a density of twenty trees or more per acre with a caliper of eight inches or more.ring one acre or more with a minimum dimension of 66 feet, An area of planted material cove WOODLAND foundation.energy. A wind turbine consists of a rotor, nacelle, tower and supporting cables, and A machine used to produce electricity by converting the kinetic energy of wind to electrical WIND TURBINE 836.0100).converts wind energy to electrical energy”) (MR 7 device such as a wind charger, windmill, or wind turbine and associated facilities that 116C, as amended (“… any Minn. Stat. Ch. A wind energy conversion system as defined in ENERGY CONVERSION SYSTEM (WECS)WIND shall have the definitions shown below.When used in the context of regulating wind energy conversion systems, the following terms WIND ENERGY RELATED DEFINITIONS for, or selling merchandise to, individuals and companies.kers buying merchandise serve as agents or bro thatmail order basis to individuals or firms, or commercial institutional or professional business customers, or to other wholesalers, or on a stablishment engaged primarily in selling merchandise to retailers, or to industrial, An e E FACILITYWHOLESAL 0.111.-arshes, bogs, and similar areas as identified in Minnesota Rule, part 6420mtypically adapted for life in saturated soil conditions. Wetlands generally include swamps, nder normal circumstances supports a prevalence of vegetation sufficient to support, and that uAn area that is inundated or saturated by surface or ground water at a frequency and duration WETLAND 461 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 part of this UDC. map is considered a. The zoning listed in this UDC ndaries of the zoning districtsthe bou ingshowThe map or maps ZONING MAP terms of the zoning certificate authorizing the development.a parcel of land to commence, based upon a finding that the development is consistent with the building or on a use of a Development Director permittingCommunity A document issued by the ZONING CERTIFICATE 462 Adopted September 7, 2022 Unified Development Code Definitions Chapter 60.600 Cover Photography by AB Photography & Alpha Digital 463 Adopted September 7, 2022 Unified Development Code Definitions