HomeMy WebLinkAboutOrdinance No. 4504 - Ordinance - Text Amendments CD2023-001TA Unified Developement Code
ORDINANCE NO.
AN ORDINANCE AMENDING TABLE 200.03-12 OF PARAGRAPH 2 OF CLAUSE
L OF SECTION 60.200.030, SUBPARAGRAPH (D) OF PARAGRAPH 12 OF
CLAUSE D OF SECTION 60.200.040, SUBSECTION 3 OF SUBPARAGRAPH (a)
OF PARAGRAPH 3 OF CLAUSE E OF SECTION 60.200.040, SUBSECTION 1 OF
SUBPARAGRAPH (C) OF PARAGRAPH 3 OF CLAUSE E OF SECTION
60.200.040, SUBPARAGRAPH (b) OF PARAGRAPH 7 OF CLAUSE E OF
SECTION 60.200.040, TABLE 300.01-1 OF PARAGRAPH 3 OF CLAUSE D OF
SECTION 60.300.010, PARAGRAPH 23 OF CLAUSE C OF SECTION 60.300.020,
PARAGRAPH 24 OF CLAUSE C OF SECTION 60.300.020, PARAGRAPH 25 OF
CLAUSE C OF SECTION 60.300.020, PARAGRAPH 26 OF CLAUSE C OF
SECTION 60.300.020, PARAGRAPH 7 OF CLAUSE G OF SECTION 60.300.020,
PARAGRAPH 8 OF CLAUSE G OF SECTION 60.300.020, TABLE 400.01-1 OF
CLAUSE B OF SECTION 60.400.010, SUBPARAGRAPH A OF PARAGRAPH 2
OF CLAUSE F OF SECTION 60.400.020, THE TITLE OF PARAGRAPH 7 OF
CLAUSE F OF SECTION 60.400.020, PARAGRAPH 15 OF CLAUSE E OF
SECTION 60.400.030, SUBPARAGRAPH F OF PARAGRAPH 3 OF CLAUSE C
OF SECTION 60.400.040, PARAGRAPH 11 OF CLAUSE D OF SECTION
60.400.040, SUBPARAGRAPH 3 OF CLAUSE C OF SECTION 60.400.050,
SUBPARAGRAPH 2 OF CLAUSE D OF SECTION 60.400.060, CLAUSE E OF
SECTION 60.400.060, TITLE OF SUBPARAGRAPH (a) OF PARAGRAPH 4 OF
CLAUSE E OF SECTION 60.400.070, CLAUSE F OF SECTION 60.400.070,
PARAGRAPH 4 OF CLAUSE F OF SECTION 60.400.070, CLAUSE B OF
SECTION 60.400.080, TABLE 400.08-1 OF CLAUSE E OF SECTION 60.400.080,
TABLE 400.08-4 OF CLAUSE I OF SECTION 60.400.080, CLAUSE J, INCLUDING
TABLE 400.08-5, OF SECTION 60.400.080, PARAGRAPH 2 OF CLAUSE B OF
SECTION 60.400.110, CLAUSE D OF SECTION 60.400.110, PARAGRAPH 2 OF
CLAUSE F OF SECTION 60.400.110, PARAGRAPH 3 OF CLAUSE F OF
SECTION 60.400.110, CLAUSE G OF SECTION 60.400.110, PARAGRAPH 1 OF
CLAUSE K OF SECTION 60.400.120, CLAUSE B OF SECTION 60.400.120,
TABLE 500.01-1 OF CLAUSE B OF SECTION 60.500.010, SUBPARAGRAPH C
OF PARAGRAPH 2 OF CLAUSE B OF SECTION 60.500.030, SUBPARAGRAPH
B OF PARAGRAPH 1 OF CLAUSE C OF SECTION 60.500.030, SUBPART (C) OF
SUBSECTION (3) OF SUBPARAGRAPH B OF PARAGRAPH 3 OF CLAUSE E OF
SECTION 60.500.030, SUBPARAGRAPH B OF PARAGRAPH 2 OF CLAUSE F
OF SECTION 60.500.030, CLAUSE C OF SECTION 60.500.040, PARAGRAPH 2
OF CLAUSE H OF SECTION 60.500.040, CLAUSE J OF SECTION 60.500.040,
CLAUSE K OF SECTION 60.500.040, SUBPARAGRAPH (E) OF PARAGRAPH 4
OF CLAUSE N OF SECTION 60.500.040, SUBPARAGRAPHS (B) AND (C) OF
PARAGRAPH 3 OF CLAUSE A OF SECTION 60.500.050, PARAGRAPH 4 OF
CLAUSE A OF SECTION 60.500.050, SUBSECTION 3 OF SUBPARAGRAPH (C)
OF PARAGRAPH 4 OF CLAUSE A OF SECTION 60.500.050, SUBSECTION (1)
(2) OF SUBPARAGRAPH (B) OF PARAGRAPH 4 OF CLAUSE C OF SECTION
60.500.050, SUBSECTION (5) OF SUBPARAGRAPH (A) OF PARAGRAPH 3 OF
CLAUSE B OF SECTION 60.500.060, PARAGRAPH 4 OF CLAUSE H OF
SECTION 60.500.060, TABLE 500.07-1 OF PARAGRAPH 4 OF CLAUSE A OF
SECTION 60.500.070, SUBPARAGRAPHS (D) AND (F) OF PARAGRAPH 3 OF
CLAUSE B OF SECTION 60.500.070, TABLE 500.07-2 OF PARAGRAPH 3 OF
CLAUSE B OF SECTION 60.500.070, PARAGRAPH 3 & 4 OF CLAUSE C OF
SECTION 60.500.070, SUBSECTION (2) OF SUBPARAGRAPHS (A) OF
PARAGRAPH 4 OF CLAUSE I OF SECTION 60.500.080, CLAUSE J OF SECTION
60.500.080, AND VARIOUS DEFINITIONS OF THE UNIFIED DEVELOPMENT
CODE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Table 200.03-12 of Paragraph 2 of Clause L of Section 60.200.030 relating
to Dimensional Standards of the Unified Development Code is amended as follows:
2 Dimensional Standards
Table Error! No text of specified style in document.-1 MX-T Lot and Building Standards
Corridor Node Village
Subdistricts
Lot Dimensions (Minimum)
Lot Area None None None
Lot Width None None None
Building Setbacks (Minimum in feet)
Front \[1\]
0 0 0
A
Interior Side
5 050 5
B
Street Side
2 2 2
Minimum Sum of Interior 10 0 5
Side Yards
Rear 5 0 5
C
Building/Structure Height and Length (Maximum in feet)
Primary Structure 65 85 95
D
Accessory Structure 30 30 30
Building Length 300 300 300
NOTES
\[1\] A front yard or street side yard equal in width to the front yard required in the adjacent residential zoning
districts shall be provided on any lot abutting a side lot line of the R-1 or R-2 district.
Section 2. Subparagraph (d) of Paragraph 12 of Clause D of Section 60.200.040 relating
to Sequencing and Replacement Plan Decision of the Unified Development Code is amended as
follows:
d. Sequencing and replacement plan decisions under Minn. R. pts. 8420.0325, 8420.0330, and
8420.0500—8420.0544 and decisions regarding exceptions under Minn. R. pts. 8420.0325,
8420.0330, and 8420.0500—8420.0544. shall be made pursuant to the following procedures:
1) Application for wetland replacement plans must be submitted to the Community Development
Director. The contents of the plan shall comply with Minn. R. pt. 8420.0330.
2) The Community Development Director must determine that an application is complete based
on Minn. R. pts. 8420.0305—8420.0330.
3) The Community Development Director shall, within 15 days of a complete application,
transmit a copy of the application and notice of application to members of the technical
evaluation panel, the Commissioner, and members of the public who have requested a copy.
4) The Community Development Director may shall seek the advice of the technical evaluation
panel as specified in Minn. R. pt. 8420.0240(C).
5) The Community Development Director shall schedule a public hearing and review before the
City Council to consider the application. Prior to City Council review, the Community
Development Director shall prepare a report recommending approval, approval with
conditions, or disapproval of the proposed replacement plan.
6) The City Council shall hold a public hearing and act upon the application in conformance with
Minn. Stats. 15.99. The City Council may approve, approve with conditions, or disapprove the
replacement plan application.
7) 5 The City Council technical evaluation panel must base its decisions on the replacement
standards in Minn. R. pts. 8420.0500—8420.0544, and on the recommendation of the
technical evaluation panel as specified in Minn. R. pt. 8420.0240. The City Council technical
evaluation panel must consider comments received from those required to receive notice. If
the technical evaluation panel was consulted and the City Council does not agree with the
panel’s findings and recommendation, the detailed reasons for the disagreement must be
part of the decision record.
8) 6All parties shall be notified of the Council’s technical evaluation panel’s decision within 10
business days. The mailing to the applicant must include information on the process and time
period to appeal the decision of the City Council.
Section 3. Subsection 3 of Subparagraph (a) of Paragraph 3 of Clause E of Section
60.200.040 relating to General Requirements of the Unified Development Code is amended as
follows:
3) To aid in the identification and designation of properties in the flood related districts, certain
materials are attached and hereby adopted by reference and declared to be part of this UDC
including the Flood Insurance Study for Olmsted County, Minnesota, and Incorporated Areas,
and the Flood Insurance Rate Map for Olmsted County and Incorporated Areas, all dated April
19, 2017 dated September 21, 2023 and prepared by the Federal Emergency Management
Agency, including the following panelsFlood Insurance Rate Map Panels: 27109C0135D:
27109C0141F, 27109C0142F, 27109C0143E, 27109C0144F, 27109C0153F, 27109C0154F,
27109C0155E, 27109C0158E, 27109C0161F, 27109C0162F, 27109C0163F, 27109C0164F,
27109C0166F, 27109C0168F, 27109C0169E, 27109C0282F27109C0284D, 27109C0301F,
27109C0302F, 27109C0303E, 27109C0304E, 27109C0306F, 27109C0307E, 27109C0308E,
and 27109C0313E, 27109C0315D, dated April 19, 2017; as well as panels 2719C0130E,
27109C0282G, and 27109C0295E, dated September 21, 2023. . Preliminary panels
27109C0282G and 27109C0295E, dated May 29, 2020, are also hereby adopted as best
available data.
Section 4. Subsection 1 of Subparagraph (c) of Paragraph 3 of Clause E of Section
60.200.040 relating to the Designation of the Flood Fringe Subdistrict of the Unified Development
Code is amended as follows:
1) The Flood Fringe subdistrict includes those areas within Zone AE and designated as flood
fringe, or within Zone AO on the Flood Insurance Rate Map adopted in this Section and were
within the corporate boundaries of the City prior to November 3, 1980. This district also
includes any additional area encompassed by the horizontal extension of the
Regulatory Flood Protection Elevation, as specified in Section
60.200.040.E.7.b.
Section 5. Subparagraph (b) of Paragraph 7 of Clause E of Section 60.200.040 relating
to the Floodplain Limits of the Unified Development Code is here by repealed:
b. The regulatory limits of the district boundaries shall be further extended outward based
on the horizontal extension of the Regulatory Flood Protection Elevation (RFPE) (below).
Section 6. Table 300.01-1 of Paragraph 3 of Clause D of Section 60.300.010 relating to
the Allowed Uses Table of the Unified Development Code is hereby amended as follows:
Table 300.01-1 Allowed Uses Table
S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;
A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
Non-
Residential and
Residen-
Agricultural
Mixed Use
tial
Zoning districts
TD
--
and
MX MX
subdistricts
Use-Specific
(where
Standards
applicable)
NSC
GI
-----
122x34
-----
AGRRRRRMXMXMXMXMXCorridorNodeVillageFringeMedialBusinessBPLISI
Offender
Section
C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C* C*
Transitional
60.300.020B.6
Housing
Residential Care
S/ S/ S/ S/ S/
Section
S* S* S* S* S* S* S* S* S* S* S*
Facility
P* P* P* P* P*
60.300.020B.7
Public, Institutional, and Civic Uses
Art Gallery,
P P P P S S S S S S S S S S S S S
Museum, and
Library
Section
Cemetery
P* P* P* P* P* P*
60.300.020C.1
College or
P P P P P P P P P P P
University
Section
Community Center
P* P* P* P* P* P* S* S* S* S* S* S* S* S* S* S* S*
60.300.020C.2
Community Section
S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S*
Garden 60.300.020C.3
Correctional
C C C C
Facility
Day Care Facility
S/ S/ S/ S/ S/ S/
Section
S* S* S* S* S* S* S* S* S* S* S* P* P* P*
P P* P* P* P* P*
60.300.020C.4
Emergency Section
P* P* P* P* P* P* P* P* S* S* S* P* P* P* P* P* P* S* S* S*
Service 60.300.020C.5
Section
Funeral Home
P P P S* S* S S S S S S
60.300.020C.6
Section
Medical Facility
P* P* P* P* P* S* S S S S S S S S S S
60.300.020C.7
Section
Place of Worship
S S S S S S S* S* S* S* S* S* S* S* S* S* S*
60.300.020C.8
Public Facility
S S S S S S S S S S S S S S
Public Park
S S S S S S S S S S S S S S S S S S S P
Section
School
S* S* S* S* S* S* P* P* P* P* P* P* P*
60.300.020C.9
Table 300.01-1 Allowed Uses Table
S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;
A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
Non-
Residential and
Residen-
Agricultural Mixed Use
tial
Zoning districts
NSCD
GIT
-------
122x34
and
-----
AGRRRRRMXMXMXMXMX MX MXBPLISI
subdistricts
Use-Specific
(where
Standards
applicable)
CorridorNodeVillageFringeMedialBusiness
Section
Social Services
P P* P* P* P* S* S S S S S S S S S S S
60.300.020C.10
Specialized
S S S S S S S S S S S S S S S
Education
Commercial Uses
Agricultural and Animal Uses
Agriculture Section
S P* P* * S S
Production 60.300.020D.2
Agriculture Retail S S P S S
Veterinary and Section
S* S S S S* S* S* S* S* S* S* S* S* S* S* S* S*
Animal Services 60.300.020D.27
Entertainment and Recreation
Adult Section
S* S* S* S* S* S* S*
Entertainment 60.300.020D.1
Auditorium or
P P P P P P P P P P P P P P P P P
Civic Center
Campgrounds or Section
P* P*
RV Park 60.300.020D.8
Indoor
Section
P* P* S* S* S S S S S S S S S S S
60.300.020D.12
Entertainment or
Recreation
Indoor Gun Section
C* C* C*
Range 60.300.020D.13
Outdoor
Section
P* P* S* S* P* P S*
Entertainment or
60.300.020D.18
Recreation
Food, Beverage, and Lodging
Section
Bar or Tavern
P* S S S* S S S S S* S S P P*
60.300.020D.5
Bed and Section
P* P* P* P* S S S S S
Breakfast 60.300.020D.6
Table 300.01-1 Allowed Uses Table
S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;
A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
Non-
Residential and
Residen-
Agricultural Mixed Use
tial
Zoning districts
D
T
--
and
MX MX
subdistricts
Use-Specific
(where
Standards
applicable)
NSC
GI
-----
122x34
-----
AGRRRRRMXMXMXMXMXCorridorNodeVillageFringeMedialBusinessBPLISI
Fast Food Section
Restaurant 60.300.020D.10
P* P* S* S S S S S S S S S S S S
Section
60.300.020D.9
Hotel or Motel S S S S S S S S S S P
Neighborhood Section
P S S S S* S* S S S S S S S S S
Food and Service 60.300.020D.16
Standard Section
P* S S* S* S* S* S* S* S* S* S S* S S* S*
Restaurant 60.300.020D.22
Office, Business, and Professional Services
Art Studio and Section
V S S S S S S S S S S S S
Workshop 60.300.020D.4
Business or Section
S* S* S* S* S* S S* S* S S S S S S S S
Personal Service 60.300.020D.7
Construction Section
P* S* S*
Office 60.300.020D.9
Financial
S S S S S S S S S S S S S
Institution
Section
Office
S P* S* S* S S S S S S S S S S S
60.300.020D.17
Research and Section
P S S S S S P* S P S S S
Testing 60.300.020D.21
Retail Sales
Retail, Section
S V S S* S* S S S S S S S S S
Neighborhood 60.300.020D.23
Section
Retail, Small
P* P* S* S* S S S S S S S S S S
60.300.020D.24
Section
Retail, Medium
P S* S S S S S S S S
60.300.020D.25
Section
Retail, Large
P S* P* S* S* S* S* S* P S*
60.300.020D.26
Vehicles and Transportation
Air Section
C* C* P* P*
Transportation 60.300.020D.3
Table 300.01-1 Allowed Uses Table
S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;
A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
Non-
Residential and
Residen-
Agricultural Mixed Use
tial
Zoning districts
D
T
--
and
MX MX
subdistricts
Use-Specific
(where
Standards
applicable)
NSC
GI
-----
122x34
-----
AGRRRRRMXMXMXMXMXCorridorNodeVillageFringeMedialBusinessBPLISI
Automotive
P P S S S S S
Center
Automotive
P S P S S
Repair Services,
Major
Section
Fueling Station
P* S* S* A* S S* S*
60.300.020D.11
Motor Freight and Section
P S* P P S* S*
Warehousing 60.300.020D.14
Motor Vehicle
Section
S S* S* S* S
Sales, Leasing or
60.300.020D.15
Storage
Parking Garage SC
Section
A* A* A* S* C* C* C* C* C* A* A* A*
60.300.020D.19
*
Section
Parking Lot
A A* A* A* A* A* A* A* S S S C* C* C* I I I S S S
60.300.020D.20
Public
S P P P S P P S S S
Transportation
Dispatch Facility
Railroad
S
Transportation
Industrial Uses
Manufacturing, Processing, and Commercial Services
Artisan
S S S S P S S S S S S
Manufacturing
Heavy
S S P P S S
Commercial
Services
Section
Heavy Industry
S*
60.300.020E.1
Light Industry P S S S
Recycling
S S S P S S
Transfer Facility
Table 300.01-1 Allowed Uses Table
S = Staff approval; P = Planning Commission approval; C = City Council approval; V = vacant use; I = interim use;
A = accessory use; T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
Non-
Residential and
Residen-
Agricultural Mixed Use
tial
Zoning districts
D
T
--
and
MX MX
subdistricts
Use-Specific
(where
Standards
applicable)
NSC
GI
-----
122x34
-----
AGRRRRRMXMXMXMXMXCorridorNodeVillageFringeMedialBusinessBPLISI
Solar Collector, Section
60.300.020F.2
Ground- or
P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* P* P*
Building-Mounted
Section
Utility, Major
C* C* C* C* C* C* C* C* C* C* C* C* C* C* C*
60.300.020F.3
A A A A A A A A A A A A A A A A A A A A
Utility, Minor
Wind Energy
Conversion
System (WECS),
Ground- or
Section
P* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* P* P* P*
Building-
60.300.020F.3
Mounted
Section
Accessory Uses and Structures
60.300.020G.1
Accessory Section
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A*
Dwelling Unit 60.300.020G.5
Animal Section
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A*
Husbandry 60.300.020G.6
Section
Billboard
A* A* A*
60.300.020G.7
Section
Drive-in Facility
A* A* A* A* A* A* A* A* A* A*
60.300.020G.8
Electric Vehicle
A A A A A A A A A A A A A A A A A A A A
Charging Station
Section
Fuel Tank
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A*
60.300.020G.9
Section
Garage
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A*
60.300.020G.10
Section
Greenhouse
A A* A* A* A* A* A A A A A A A A
60.300.020G.11
Home Section
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A* A*
Occupation 60.300.020G.12
Outdoor Eating Section
A* A* A* A* A* A* A* A* A* A* A* A* A* A* A*
Area 60.300.020G.13
Recreational Section
A* A* A* A* A* A* A* A* A* A* A* A* A* A*
Vehicle Parking 60.300.020G.14
Section 7. Paragraph 23 of Clause C of Section 60.300.020 relating to Retail,
Neighborhood of Use-Specific Standards of the Unified Development Code is amended as follows:
23. Retail, Neighborhood
a. Access Requirements in the MX-N District
Uses shall not have vehicle access points from or channel a majority of the traffic generated
by the use onto a Local residential street.
b. Separation Requirements
Neighborhood retail uses selling off sale liquor or cannabis shall not be located on a parcel
that is closer than 1,000 feet to the nearest public school parcel, 500 feet to the nearest
public park parcel, or 500 ft to a similar use that is regularly used by minors.
b.c. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14 consecutive
days on portions of the lot that are not needed to meet minimum parking standards, do not occupy
required landscaped areas, do not occupy required front setbacks, and do not obstruct sidewalks or
walkways.
c.d. Hours of Operation Restrictions
Neighborhood Retail uses may only operate during the times specified in the table below. If a
district is not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
MX-N 6AM – 10PM
MX-S 6AM – 10PM
Section 8. Paragraph 24 of Clause C of Section 60.300.020 relating to Retail, Small of
Use-Specific Standards of the Unified Development Code is amended as follows:
24. Retail, Small
a. Access and Location Requirements
1) Requirements in the R-2x and R-3 District
(a) Uses shall not have vehicle access points from or channel a majority of the traffic
generated by the use onto a Local residential street.
(b) The site must provide direct access to a collector, arterial, or expressway.
2) Requirements in the R-4 District
The use must be located at the intersection of a collector street and a higher order street.
b. Separation Requirements
Small retail uses selling off sale liquor or cannabis shall not be located on a parcel that is closer
than 1,000 feet to the nearest public school parcel, 500 feet to the nearest public park parcel, or
500 ft to a similar use that is regularly used by minors.
b.c. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking standards,
do not occupy required landscaped areas, do not occupy required front setbacks, and do not
obstruct sidewalks or walkways.
c.d. Hours of Operation Restrictions
Small Retail uses may only operate during the times specified in the table below. If a district is
not listed, then no hours of operation restrictions apply.
District Permissible Hours of Operation
R-2x 6AM – 7PM
R-3 6AM – 7PM
R-4 6AM -- 10PM
MX-N
6AM –11 PM
Section 9. Paragraph 25 of Clause C of Section 60.300.020 relating to Retail, Medium of
Use-Specific Standards of the Unified Development Code is amended as follows:
25. Retail, Medium
a. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking standards,
do not occupy required landscaped areas, do not occupy required front setbacks, and do not
obstruct sidewalks or walkways.
b. Separation Requirements
Medium retail uses selling off sale liquor or cannabis shall not be located on a parcel that is closer
than 1,000 feet to the nearest public school parcel, 500 feet to the nearest public park parcel, or
500 ft to a similar use that is regularly used by minors.
b.c. Hours of Operation Restrictions
Retail Trade uses may only operate during the times specified in the table below. If a district is not
listed, then no hours of operation restrictions apply.
District
Permissible Hours of
Operation
MX-S 6AM -- 10PM
MX-C 6AM -- 10PM
Section 10. Paragraph 26 of Clause C of Section 60.300.020 relating to Retail, Large of
Use-Specific Standards of the Unified Development Code is amended as follows:
26. Retail, Large
a. Outdoor Displays
Outdoor displays related to the retail use are permitted for a period of not more than 14
consecutive days on portions of the lot that are not needed to meet minimum parking standards,
do not occupy required landscaped areas, do not occupy required front setbacks, and do not
obstruct sidewalks or walkways.
b. Separation Requirements
Large retail uses selling off sale liquor or cannabis shall not be located on a parcel that is closer
than 1,000 feet to the nearest public school parcel, 500 feet to the nearest public park parcel, or
500 ft to a similar use that is regularly used by minors.
b.c. Building Entrances
Large retail buildings shall have clearly defined, highly visible customer entrances featuring no less
than three of the following elements:
1) Canopies or porticos;
2) Overhangs;
3) Recesses/projections;
4) Arcades;
5) Raised corniced parapets over the door;
6) Peaked roof forms;
7) Arches;
8) Outdoor patios;
9) Display windows;
10) Architectural detail such as tile work and moldings integrated into the building structure and
design; or
11) Integral planters that incorporate landscaped areas and places for sitting.
Section 11. Paragraph 7 of Clause G of Section 60.300.020 relating to Billboard of Use-
Specific Standards of the Unified Development Code is amended as follows:
7. Billboard
See Section 60.400.110G.
Spacing
All billboards erected after December 22, 1992, shall comply with the following spacing standards:
i. No billboard shall be located within 1,000 feet of another billboard located on the same side of
the street. Distances between billboards shall be measured along the adjacent right-of- way
line of the street or highway where the billboard is directed as shown in Figure 1a.
ii. No billboard shall be located within a 100 foot radius from the intersection of the rights-of- way
of two or more streets or highways as shown in Figure 1b.
iii. No billboard shall be located within 200 feet of the intersection of a street and a railroad right-
of-way. The distance shall be measured from the center point of the street-railroad intersection
to the nearest edge of the billboard as shown in Figure 1c.
iv. No billboard shall be located within 300 feet of a Place of Worship, School, or Medical Facility.
This distance shall be measured from the nearest edge of the billboard to the Place of Worship,
School, or Medical Facility to the closest point on any boundary line of the Place of Worship,
School, or Medical Facility property as shown in Figure 1d. This restriction only applies to Place
of Worship, School, or Medical Facility properties that abut the same right-of- way where a
billboard is oriented, regardless of whether the billboard is located on the same side or the
opposite side of the right-of-way as the Place of Worship, School, or Medical Facility.
v. No billboard shall be located within 250 feet of a boundary of an Agricultural and Residential
district. This distance shall be measured from the nearest edge of the right-of-way to the
closest point on any boundary of the Residential district as shown in Figure 1e.
vi. No billboard shall be located within 300 feet of and oriented toward the following portions of the
following streets and highways within the City:
1) County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and
th
northerly to Trunk Highway 52 at 55Street NW,
2) County State Aid Highway 22 from Trunk Highway 14 at the University Center northerly
th
and westerly to Trunk Highway 63 at 37Street NW; and
th
3) 55Street NW from Trunk Highway 52 easterly to County Road 133 (West River
Road).
Section 12. Paragraph 8 of Clause G of Section 60.300.020 relating to Drive-In Facility of
Use-Specific Standards of the Unified Development Code is amended as follows:
8. Drive-In Facility
a. That portion of the site area used for vehicle circulation and parking shall be hard- surfaced to
control dust and shall be setback at least 30 feet from any other propertiesy line zoned for
residential.
b. Waste receptacles shall be provided at all exits where readily disposable goods or materials are
offered for sale and pick-up through the drive-through.
c. Devices such as speakers shall be designed so that the noise level at the property line does
not exceed the maximum decibel level permitted in the zoning district applicable to the adjacent
property or the existing ambient noise level as measured at the property line, whichever is
greater.
d. The development shall be designed so that no ground level light sources are visible from any
public right-of-way or adjacent residential properties.
e. Incidental commercial facilities, such as refreshment stands, are permitted subject to the
condition they are operated primarily for the patrons of the facility and no outdoor advertising of
business or products is maintained.
f. MX-T and MX-S District Requirements
Drive-in facilities in the MX-T and MX-S Districts shall not:
i. Be located or designed so that vehicles using the drive-in facility pass between any
public or private street and any portion of any façade of the primary building facing that
street; and
ii. Be accessed directly from, or be located on a lot(s) with a driveway approach onto, N.
nd th
or S. Broadway, SW. 2St., or SE 4St./Collegeview Rd.
Section 13. Table 400.01-1 of Clause B of Section 60.400.010 relating to the Applicability of
Development Standards of the Unified Development Code is hereby amended to read as follows:
Table 400.01-1 Applicability of Development Standards
Majo Mino Disti Gene Site
Cha
r r nctiv ral Devel
n
UDC UDC
Sub Sub e Devel opme
g
Standar Sectio
divis divis Deve opme n t
e
d n
io n io n lopm n t Plan
o
e nt Plan
f
\[1\]
U
s
e
Dimensi
Sect In
Y Y NoY Y Yes
onal
ion so
e e es e
Standar
m
60.40
s s s
ds
0.020 e
ca
se
s
Subdivis
Sect
Y Y No YesN N No
ion
ion
o o
e e
Standar
60.40
s s
ds
0.030
Access
Sect
Y Y Yes Yes Y No
and
ion
e e e
Connect
60.40
s s s
ivity
0.040
Sensitiv
e Lands,
Sect
Stormw
Y Y Yes Yes Y No
ion
ater, and
e e e
60.40
Drainag
s s s
0.050
e
Landsca
Sect
ping,
ion
N N Yes NoY Y Yes
Bufferya
60.40
o o es e
rds, and
0.060
s
Fences
Site and
Sect In
Building
ion so
N N Yes NoY Y
Design
60.40 m
o o es e
0.070
e
s
ca
se
s
Sect
Parking N N Yes NoY Y Yes
ion
o o es e
60.40
s
0.080
Exterior
Sect
N N Yes Y Yes
NoY
Storage
ion
o o e
es
60.40
s
0.090
Exterior
Sect
N N Yes NoY Y Yes
Lighting
ion
o o es e
60.40
s
0.100
Table 400.01-1 Applicability of Development Standards
Majo Mino Disti Gene Site
Ch
r r nctiv ral Devel
a
UDC UDC
Sub Sub e Devel opme
n
Standard Sectio
divis divis Deve opme n t
g
n
io n io n lopm n t Plan
e
e nt Plan
o
\[1\]
f
U
s
e
Signs
Sect
No No Yes No Yes Ye
ion
Ye Ye Ye s
60.40
s s s
0.110
NOTES
\[1\] Review of standards in this Chapter is not required for Comprehensive Plan amendments initiated by a party
other than the City if a Subdivision or Site Plan Development approval will be required prior to development.
Section 14. Subparagraph a. of Paragraph 2 of Clause F of Section 60.400.020 relating to
Protected Lots of Neighborhood Protection Standards of the Unified Development Code is amended as
follows:
a. Protected Lots
A Protected Lot is any lot in an Agricultural or and Residential District that contains:
1) A Household Living use of 4 units or less, or
2) A Group Living use occupying a Single-Family Detached Dwelling.
Section 15. The Title of Paragraph 7 of Clause F of Section 60.400.020 relating to Parking
and Drive of the Unified Development Code is amended as follows:
7. Parking and Drive In Facility-through
On a Regulated Lot containing 10,000 square feet of gross lot area or more, no surface parking area
or drive-through lane shall be located within 50 feet of any common lot line with a Protected Lot.
Section 16. Paragraph 15 of Clause E of Section 60.400.030 relating to Utility Easements
Required of the Unified Development Code is amended as follows:
15. Utility Easements Required
a. Public utility easements as required by the various public utilities shall be provided.
b. Except in the MX-T and MX-D Districts, public utility easements adjacent to public rights-of-way and
private streets shall measure a minimum of ten feet in width, unless a deviation requiring a greater or
lesser width is approved by the Community Development Director in consultation with Rochester
Public Utilities (RPU) and Public Works.
c. In the MX-T and MX-D districts, public utility easements adjacent to public rights-of-way and private
streets, shall measure a minimum of five feet in width along the lineal section of the easement, and
an additional 5ft at the corners for a 10ft x 10ft easement section at the corners, unless a deviation
requiring a greater or lesser width is approved by the Community Development Director in
consultation with Rochester Public Utilities (RPU) and Public Works. When the development provides
private utilities within the building, consultation with individual utility companies may be required.
d. Transformer location shall be identified and approved by RPU on site plans, where applicable, and
may require a width that exceeds the otherwise minimum easement width for the remainder of the
site.
e. d. Vegetation located on utility easements shall be placed so that it does not interfere with the
free movement of service vehicles, or placement and operation of utility facilities. Ground cover,
grass, and native grasses, or hedges under three feet in height may be installed in or permitted to
remain in the public utility easement.
f. e. Plantings in utility easements shall be placed at the risk of the property owner, and shall not interfere
with reasonable access to the utility facility. Utility companies will not replace plantings or landscaping
removed or damaged during work within the easement area.
g. f. Non-utility structures, above or below ground, shall not be placed within utility easements.
h. g. Temporary signs in compliance with MN statute 211B.045, are permitted within utility easements
at the risk of the property owner.
i.h. Above ground pedestrian amenities that do not require footings may be installed at the risk of the
property owner, upon obtaining a revocable permit and shall not interfere with reasonable access
to the utility facility.
Section 17. Subparagraph f of Paragraph 3 of Clause C of Section 60.400.040 relating to
Cud-de-Sacs of the Unified Development Code is amended as follows:
f. Cul-de-Sacs
1) Cul-de-Sacs must connect to the closest local or collector street, to adjacent cul-de-sacs, and to
any adjacent public open space, Public Park, or School via a 15-foot pedestrian connector
easement or right-of-way that includes a sidewalk or multi-use trail, unless deemed impracticable
by the Community Development Director. The pedestrian easement or right-of-way shall be
indicated on the subdivision plat, and interior side yard setbacks applicable to the district where
the cul-de-sac is located shall apply to the lots abutting the easement or right-of-way.
2) Any block exceeding 600 feet in length must provide a public pedestrian connection to
maintain connectivity between and through subdivisions, except where unique
topographical conditions make this connection infeasible.
g. Pedestrian Connections
Any block exceeding 600 feet in length must provide a public pedestrian connection to maintain
connectivity between and through subdivisions, except where unique topographical conditions make
this connection infeasible.
g.h. Alleys
1) Alleys may be used to reduce the need for individual site access to collectors, arterials, and
expressways, or to reduce the need for individual driveway access points onto local streets.
2) Blocks platted with alleys shall be platted to allow alley access to required vehicle parking
areas, and shall not permit vehicle access to parking areas through front or side lot lines.
3) Where alleys are platted:
(a) In Residential districts alleys shall be a minimum in 16 feet in width
(b) In Mixed Use and Industrial Districts alleys shall be a minimum of 18 feet
in width, unless a minimum of 20 feet is required for fire equipment access.
Section 18. Paragraph 11 of Clause D of Section 60.400.040 relating to Pedestrian Design
and Accessibility of the Unified Development Code is amended as follows:
11. Pedestrian Design and Accessibility
The following standards apply to all new development and redevelopment in all districts except
Household Living uses in structures with less than 8,000 square feet of gross floor area.
a. Access and Walkways
1) Walkways shall be provided to connect each primary pedestrian entrance of a primary building
to at least one public sidewalk along a property frontage, and shall be designed to provide
convenient access to any bus or transit stops located within 1,000 feet of the lot boundary.
2) Walkways shall be located and aligned to connect areas or points of pedestrian origin and
destination directly and continuously and shall not be located and aligned solely based on the
outline of a parking lot configuration unless such a configuration allows for direct pedestrian
access.
3) A sidewalk shall be provided immediately adjacent to the exterior wall of a new building greater
than 100 feet in length when the wall is located next to a street or parking lot. This standard does
not apply if the edge of the building is within 20 feet of a public sidewalk and the building entrance
is connected to the public sidewalk by an on-site pedestrian walkway, or if the edge of the building
is bordered by a perimeter of landscaping that does not exceed 30 feet in width and an on-site
pedestrian walkway is constructed at the outer edge of the landscaped area.
4) Pedestrian walkways shall be designed to maximize pedestrian security, incorporating features
such as lighting to illuminate crossings and/or create backlighting to make the pedestrian
silhouette clearly visible from primary building entrances and/or public streets, and shall provide
clear sight lines between two feet and six feet above grade from primary building entrances to
public street frontages.
5) Walkways shall have a paved surface width of not less than five feet. The material and layout
shall be continuous as the pedestrian walkway crosses driving lanes or aisles, with a break in
continuity of the driveway paving and not in the pedestrian walkway paving.
6) To the maximum extent practicable, Ppedestrian and bike ramps shall be located at convenient
and safe locations for persons with disabilities, bicyclists, and people pushing strollers or carts.
The location of pedestrian and bike ramps shall avoid crossing or directing traffic through loading
areas, drive-in lanes, and solid waste storage and collection areas, to the maximum extent
practicable.
b. Pedestrian Entrances
Properties in the MX-T and MX-D districts shall also comply with the standards in Section
60.200.030L.3.d, Building Entrances. All other properties subject to this Section 60.400.040D.9 shall
comply with the standards in this Section 60.400.040D.11.b.
1) To the maximum extent practicable, Oone primary pedestrian entrance shall be provided for
every façade facing a street.
2) To the maximum extent practicable, an entrance shall be provided every 30 feet on the ground
floor.
3) To the maximum extent practicable and excluding building façades for ground floor residential
uses, corner lots shall provide a primary entrance at the corner.
4) All ground level residential units along all street-facing sides of the building will be provided direct
access entries from the building exterior. The Community Development Director will waive this
requirement for some or all of the units, upon determination that an alternative design will provide
a better pedestrian orientated space.
5) Traffic calming design shall be incorporated into the site design, which shall minimize potential
hazards and conflict points in areas with highest concentrations of pedestrian traffic
6) Except for non-residential zoning districts, Tthe pedestrian entrance shall contain at least three
of the following architectural details:
(a) Pilasters or façade modules;
(b) Mural;
(c) Prominent building address, building name, and lighting;
(d) Raised corniced entryway parapet; or
(e) Buttress and arched entry.
7) The features installed to comply with Subsection 5 above may also be used to comply with the
requirements of Error! Reference source not found., Roof-Mounted Equipment Screening.
8) Roof-mounted mechanical equipment shall be:
a. Integrated into the design of the structure so that the equipment is not visible from
ground level on any street-facing property boundary; or
b. Screened by a parapet wall or similar feature that is an integral part of the building’s
architectural design, with a parapet wall height sufficient to screen the mechanical
equipment from all sides when viewed from ground-level on each street-facing
property boundary.
9) To reduce visual impacts on abutting properties, the color of roof-mounted equipment
shall be the same color as the roof or the same color as an adjacent wall.
10) Commercial Wireless Telecommunication Service equipment, Building-Mounted Solar
Collectors, and other alternative energy systems are exempt from any portion of these screening
requirements that would impair their functions.
c. Pedestrian Weather Protection
Each development shall provide pedestrian weather protection in public spaces such as transit stops,
building entries, and along display windows, and over outdoor dining areas. Required pedestrian
weather protection features shall comply with the following standards:
1) Weather protection at least five feet deep is required over all primary building, individual
business, and individual residence entries. This may include a recessed entry, canopy, porch,
marquee, or building overhang;
2) Canopies, awnings, or other similar weather protection features must not be higher than 15 feet
above the ground elevation at the highest point or lower than eight feet at the lowest point. The
street-side edge of the canopy or awning shall be at least eight feet above the walking surface;
3) Business centers must use a variety of weather protection features to emphasize individual
storefronts and reduce the architectural scale of the building; and
4) West and south exposures with plazas, patios, entries, or pedestrian areas shall be designed
with architectural and landscape shade elements.
d. Pedestrian Oriented Space
To the maximum extent practicable, Eeach development shall provide a pedestrian- oriented space
that includes:
1) Landscaping that does not act as a visual barrier between the primary building entrance and the
pedestrian-oriented space;
2) At least one type of artwork, fountains, or other similar aesthetic feature;
3) Visual and pedestrian access (including access for persons with disabilities) into the site from a
public or private street or internal roadway;
4) Paved walking surfaces of either concrete or other approved paving material;
5) At least two square feet of seating area, such as a bench or ledge, or one individual seat per
60 square feet of plaza area or open space, whichever is greater; and
6) Lighting that complies with the standards in Section 60.400.100E.6, Pedestrian- Oriented
Lighting.
Section 19. Subparagraph 3 of Clause C of Section 60.400.050 relating to Adopted Engineering
Standards of the Sensitive Lands, Wetlands, Stormwater, and Drainage chapter of the Unified
Development Code is amended as follows:
3. Adopted Engineering Standards
The standards in this Section 60.400.050F apply in addition to any applicable engineering standards
including stormwater discharge requirements in Rochester Code of Ordinances Chapter 6-3, Wetland
Conservation, and 6-4, Stormwater Discharges.
Section 20. Subparagraph 2 of Clause D of Section 60.400.060 relating to Applicability relating
to Bufferyards of the Unified Development Code is amended as follows:
2. Applicability
New development, redevelopment, and changes of use in all zoning districts shall provide property edge
buffering along shared property lines with abutting properties as indicated in Table 400.06-3, Required
Bufferyard Type, regardless of whether the new development is larger or smaller or more or less intensive
than the existing abutting use. When a proposed development abuts a vacant property, no bufferyard is
required.
Section 21. Clause E of Section 60.400.060 relating to Fences, Walls, and Hedges of the Unified
Development Code is amended as follows:
E. Fences, Walls, and Hedges
All fences and walls except those installed to protect slopes from subsidence or erosion shall comply with the
following standards. Fences and walls installed to protect slopes shall comply with the Building Code.
1. No fence, wall, or hedge may extend beyond or across a property line unless in joint agreement with the
abutting property owner.
2. No fence, wall, or hedge shall be placed closer than 18 inches to any public sidewalk or within five feet of
any alley right-of-way.
3. In all residential, or mixed-use zoning districtsIn all residential districtsuses, fences and walls located
between the front of the primary building and the front lot line shall not exceed 36 inches in height.
4. In all residential, or mixed-useIn all residential districts uses, zoning districts, fences and walls located
between the front of the primary building and the front lot line shall not be completely opaque, and shall
not be constructed of chain link.
5. Fences and walls that are not located between the front of the primary building and the front lot line shall
not exceed six feet in height above the elevation of the surface of the ground at any point except:
a. In instances where public safety or security necessitate, through a zoning certificate, the Community
Development Director may authorize fences and walls to have a maximum height not to exceed 10
feet above the elevation of the surface of the ground at any point; or
b. When the grade of buildings on abutting lots is greater than that of buildings on the applicant’s lot, the
fence may exceed the height limitations, but shall not exceed the grade of the abutting building by
more than five feet.
6. No fence, wall, or hedge shall be placed closer than 10 feet to the intersection of a driveway with any right-
of-way used for vehicular or pedestrian traffic including alleys.
7. In any district that requires a front or side street building setback, there shall be no sight- obscuring or
partly obscuring wall or fence higher than three feet above curb grade in any Visibility Triangle. Vertical
measurement shall be made from the top of the curb on the street adjacent to the nearest street of the
triangle or, if no curb exists, from the edge of the nearest traveled way.
8. Where a fence is installed on any property in a Mixed Use or Non-Residential zoning district along a
property line with a lot containing a Household Living use in a Residential zoning district, the “finished” side
of the fence (generally the side where structural supports and bracing are not visible) shall face the abutting
Household Living use.
Section 22. Title of Subparagraph (a) of Paragraph 4 of Clause E of Section 60.400.070 relating
to Ground-Mounted Mechanical Equipment of the Unified Development Code is amended as follows:
a. Ground and Wall-Mounted Mechanical Equipment
Section 23. Clause F of Section 60.400.070 relating to Building Design of of the Unified
Development Code is amended as follows:
F. Building Design
1. General Requirements
a. Applicability
The following requirements apply to primary structures occupied by the primary uses listed below in
the zoning districts listed below. All references to land uses or categories of land uses refer to those
shown in Table 300.01-1 Allowed Uses Table.
1) Multifamily dwellings in all districts;
2) All Group Living uses except for Residential Care Facilities in structures that would be exempt
from these standards if they were occupied by a Household Living use, as shown in Table
300.012-1);
3) Public, Institutional, and Civic uses in all districts except the SI district;
4) Commercial and Industrial uses in all districts except the SI district; and
5) Mixed use developments (i.e., those containing a mix of primary residential and non-residential
uses) in all districts except the SI district.
b. 360-Degree Architecture
All sides of each primary building façade shall be designed to provide architectural and visual interest
and shall provide consistent architectural treatment and design on all building façades. A consistent
architectural treatment is one where all building walls have defined levels of articulation and use
different combinations of the same materials.
c. Building Materials
1) Primary buildings shall be constructed of high quality, durable materials including but not limited
to stone, brick, masonry, or wood.
2) The use of asphalt shingles, imitation stone, imitation brick, stucco, exterior insulation finish
systems (EIFS), or vinyl siding is prohibited on any street- facing building façade.
d. Transparency
1) Window glazing on the bottom two floors on street facing façades of a primary building shall not
include reflective glass.
2) Window glazing on the bottom two floors on street facing façades of a primary building that do
not provide visibility into residential dwelling units shall achieve a visible transmittance ration (VT)
of at least 0.60.
3) In Residential districts, the glazed area of windows and doors shall occupy at least 30 percent
of each street facing façade area between three and eight feet above grade.
4) In Mixed Use districts other than the MX-T and MX-D districts, the glazed area of windows and
doors shall occupy at least 40 percent of each street facing façade area between three and eight
feet above grade, and 30 percent of the non-street facing facades.
(a) This transparency requirement may be reduced by a maximum of 5%, if the development
provides architecturally significant window treatments that provide vertical articulation in
addition to any articulation already required.
5) In the MX-T and MX-D districts, the glazed area of windows and doors:
(a) In non-residential uses on the ground floor shall occupy at least 65 percent of each street
facing façade area between three and eight feet above grade, and shall occupy at least 30
percent of each street facing façade area above the ground floor.
(b) In residential uses on the ground floor shall occupy at least 30 percent of each street facing
façade area between three and eight feet above grade, and shall occupy at least 30 percent
of each street facing façade area above the ground floor.
e. Roof-Mounted Equipment Screening
1) Roof-mounted mechanical equipment shall be:
(a) Integrated into the design of the structure so that the equipment is not visible from ground level
on any street-facing property boundary; or
(b) Screened by a parapet wall or similar feature that is an integral part of the building’s
architectural design, with a parapet wall height sufficient to screen the mechanical equipment
from all sides when viewed from ground-level on each street-facing property boundary.
(c) And; roof-mounted mechanical equipment shall be fully screened on all sides so that it is not
visible from any residential use containing five or fewer units.
2) To reduce visual impacts on abutting properties, the color of roof-mounted equipment shall be
the same color as the roof or the same color as an adjacent wall.
3) Commercial Wireless Telecommunication Service equipment, Building- Mounted Solar
Collectors, and other alternative energy systems are exempt from any portion of these screening
requirements that would impair their functions.
f. Horizontal Articulation
Primary buildings shall be designed to avoid blank wall planes by dividing façades into a series of
smaller horizontal components that comply with the following standards.
1) In all districts , each façade, regardless of exterior wall plane setback, shall incorporate two or
more of the following elements for every 60 horizontal feet, one of which must be extended or
repeated through the entire height of the building:
(a) Projections, recessions, or reveals such as, but not limited to, columns, pilasters, cornices,
and bays, and having a change of wall plane that is a minimum of six inches in depth;
(b) Change in texture and/or masonry patterns; and/or
(c) Awnings or canopies extending at least four feet beyond the building face with a minimum
vertical clearance of nine feet above the sidewalk. Glowing awnings (backlit, light showing
through the material) are not permitted.
2) In the MX-T and MX-D districts, each street facing façade of each primary building shall
comply with the following standards.
(a) Access for Ground Level Units
All ground level residential units along all street-facing sides of the building must
provide direct access entries from the building exterior. The Community
Development Director will waive this requirement for some or all of the units, upon
determination that an alternative design will provide a better pedestrian orientated
space along the frontage of the development.
(b) Building Façades Less Than 150 Feet Long
Each street facing façade with a horizontal length between 60 and 89 feet shall
incorporate at least one of the following elements; street-facing façades with a
horizontal length between 90 and 119 feet shall incorporate at least two of the
following elements; and street-facing building façades with a horizontal length
over 120 feet must incorporate at least three of the following elements for every
60 horizontal feet:
(i) A change in a street facing parapet height of at least two vertical feet, extending
at least 20 horizontal feet of parapet length;
ii. Horizontally oriented recesses at least eight inches into, or projections or
cornices extending at least eight inches outward from, the building façade plane,
at least eight inches tall, and extending at least 30 horizontal feet along the
building façade (this element may be installed along the entire building façade,
but if so installed shall only count as one of the required elements on any street-
facing building façade longer than 60 feet);
(iii) Vertically oriented recesses at least eight inches into, or projections at least
eight inches outward from, the building façade plane, and at least eight inches
wide, that have a height equal to at least 80 percent of the façade height;
(iv) Ground level arcades or awnings extending for a horizontal distance of at least
20 feet in total (individual awnings may be shorter than 20 feet to fit appropriate
building scale); and
(v) Second (and upper) floor balconies on at least 50 percent of the residential
dwelling units on a street facing building façade.
(c) Buildings Façades 150 Feet or Longer
In addition to incorporating at least three architectural elements from Subsection
a above, each street facing façade of a primary building with a horizontal length
over 150 feet (regardless of changes in façade alignment) shall incorporate at
least one of the two design elements listed below.
(i) Forecourt
A wall plane recess creating a forecourt gathering space, which shall extend along
at least 15 horizontal feet of the building façade, shall be a minimum of 10 feet in
depth measured inward from the primary building wall plane, shall be open to the
sky, shall not be placed at the corner of the building, and shall includeing windows
or doors for accessing or viewing the building interior from the forecourt. The
forecourt shall not be used for surface parking but may be used to satisfy the
pedestrian oriented space requirement in Section 60.400.040D.11.d, Pedestrian
Oriented Space.
(ii) Top Floor Stepback
A horizontal setback of the top floor of building façade at least six feet further from
the street than the lower floor building façades, extending along the entire length
of that building façade. The stepback may apply to more than the top floor of the
building façade at the applicant’s option, but may not extend to ground level.
Section 24. Paragraph 4 of Clause F of Section 60.400.070 relating to Additional Requirements
in the MX-D, MX-T, and MX-I Districts of the Unified Development Code is amended as follows:
4. Additional Requirements in the MX-D, MX-T, and MX-I Districts
Each primary building in the MX-D, MX-T, and MX-I districts over 60 feet in height shall comply with the
following standards:
a. Minimum Floor-to-Floor Height
The minimum floor-to-ceiling height of the ground floor of any principal use shall be 13 feet, and on
upper floors shall be 12 feet.
b.a. Vertical Articulation
Each primary building that is more than ten stories in height shall be designed to include a clearly
identifiable base, body, and top of the building.
1) Base
(a) The base of a primary building shall not be more than three stories or 40 feet in height,
whichever is less.
(b) The base shall incorporate one or more of the following design techniques:
(i) Incorporation of low planters and walls;
(ii) Use of base architectural veneer banding or a wainscot treatment defined by different
materials, textures, or colors; and/orbuilding design that complied with all applicable
standards in Subsections 1, 2, and 3 above; and
c. Any adverse impacts on surrounding properties created by the waiver or adjustment of standards in
Subsections 1, 2, and 3 above have been mitigated to the maximum extent practicable.
Section 25. Clause B of Section 60.400.080 relating to Applicability of Parking, Loading, and
Stacking of the Unified Development Code is amended as follows:
B. Applicability
1. General Applicability
Any building, improvement, or use of land approved or erected after January 1, 1992, shall comply with
the requirements of this Section 60.400.080 unless specifically stated otherwise in this UDC.
2. Exceptions
The requirements of this Section 60.400.080 do not apply to:
a. The adaptive reuse of a building in any Mixed Use district that does not involve any expansion of the
building’s existing square footage. Any square footage additions resulting in increased building square
footage are subject to the parking requirement of this Section 60.400.080.
b. A Fast Food Restaurant, Neighborhood Food and Service, Standard Restaurant, Business or Personal
Service, Neighborhood Retail, or Small Retail use in a mixed- use building containing no more than
2,000 square feet of floor area, occupying a ground floor building space fronting a public sidewalk, and
providing direct pedestrian access from the public sidewalk.
c. Development in the Medical Campus District
Section 26. Table 400.08-1 of Clause E of Section 60.400.080 relating to Minimum and
Maximum Vehicle Parking Required of the Unified Development Code is amended as follows:
Table 400.08-1 Minimum and Maximum Vehicle Parking Required
DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank
Cell or Use Not Listed = No Requirement
Use All Districts Except the MX-D MX-D District
District
Minimu Maximu Minimu Maximu
m m m m
Residential Uses
Household Living
Dwelling, Single-
1 per DU 1 per DU
Family Detached
Dwelling, Twin-Home
1 per DU 1 per DU
Dwelling, Attached
1 per DU 1.5 per DU 1 per DU 1.5 per DU
Dwelling, Duplex,
1 per DU 1 per DU
Same Lot
Dwelling, Triplex
1 per DU 1 per DU
Dwelling, Fourplex
1 per DU 1 per DU
Dwelling, Multifamily
1.5 per DU 1
per 1 BR unit;
1 per 2 BR
unit; 1.5 per 3
0.5 per DU 21.5 per DU 0.5 per DU
BR unit; 2 per
4 BR unit or
more
Dwelling, Live/Work
0.75 per DU
Dwelling, Cottage
1 per DU 2 per DU 1 per DU 1.5 per DU
Development
Manufactured Home
1 per DU 2 per DU 1 per DU
Park
Group Living
Congregate Housing
1 per 2 beds 1 per bed 1 per 3 beds 1 per 2 beds
Dormitory
1 per 2 beds 1 per 3 beds 1.5 per bed
Medical Stay
0.5 per DU 2 per DU 0.51 per DU 1.52 per DU
Dwelling Unit
Nursing Home
1 per 3 beds 1 per 2 beds 1 per 4 beds 1 per 2 beds
Offender Transitional
1 per 3 beds 1 per 4 beds
Housing
Residential Care
1 per 3 beds 1 per 2 beds 1 per 4 beds 1 per 3 beds
Facility
Public, Institutional, and Civic Uses
Art Gallery, Museum,
1 per 500 sq.
1 per 700 sq. 1 per 800 sq. 1 per 400 sq.
and Library
ft. (TOD)
ft. ft. ft.
Cemetery
College or University
TDM Plan TDM Plan
Required Required
Community Center
1 per 5002 1 per 250 4 1 per 5002 1 per 3503 per
per 1,000 sq. per 1,000 sq. per 1,000 sq. 1,000 sq. ft.
ft. ft. ft.
Correctional Facility
1 per 4002.5 1 per 2005
per 1,000 sq. per 1,000 sq.
ft. ft.
Table 400.08-1 Minimum and Maximum Vehicle Parking Required
DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank
Cell or Use Not Listed = No Requirement
Use All Districts Except the MX-D MX-D District
District
Minimu Maximum Minimu Maximu
m m m
Day Care Facility
1 per5002 per 1 per 2504
1 per 1,000
1,000 sq. ft. per 1,000 sq.
sq. ft.
ft.
Emergency Service
1 per 4002.5 1 per 2005
1 per 1,000
per 1,000 sq. per 1,000 sq.
sq. ft.
ft. ft.
Funeral Home
1 per 5002 1 per 2504 1 per 3503 per
1 per 1,000
per 1,000 sq. per 1,000 sq. 1,000 sq. ft.
sq. ft.
ft. ft.
Medical Facility
1 per 5002 1 per 2504 1 per 500 sq.
1 per 200 sq.
per 1,000 sq. per 1,000 sq. ft.1 per 3
ft.
ft. ft. beds
Place of Worship
1 per 5 seats 1 per 2.5 seats 1 per 4 seats 1 per 2 seats
Public Facility
1 per 1,000 1 per 1,500
sq. ft sq. ft.
School
1 per 10
seats in the
auditorium or
main
assembly
room, or 1
per
classroom,
whichever is
greater
Social Services
1 per 4002.5
per 1,000 sq.
ft.
Specialized
1 per 3503 1 per 2005
1 per 1,000
Education
per 1,000 sq. per 1,000 sq.
sq. ft.
ft. ft.
Commercial Uses
Agricultural and Animal Uses
Agriculture
No
Production
requirement
Agriculture Retail
No
requirement
Veterinary and
1 per 500 sq.
Animal Services
ft. in excess
1 per 5002
of 4,000 sq.
1 per 300 sq.
per 1,000 sq.
ft. (minimum
ft.
ft.
of 4 spaces)
Entertainment and Recreation
Adult Entertainment
1 per 400 sq. 1 per 500 sq.
1 per 400 sq.
ft. in excess ft. in excess
ft. in MX-T
1 per 300 sq.
of 1,000 sq. of 4,000 sq.
ft.
ft. ft.
Auditorium or Civic
1 per 4 seats
1 per 6 seats 1 per 6 seats 1 per 4 seats
Center
in MX-T
Campgrounds or RV
1 per
Park
overnight site
Table 400.08-1 Minimum and Maximum Vehicle Parking Required
DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank
Cell or Use Not Listed = No Requirement
Use All Districts Except the MX-D MX-D District
District
Minimu Maximu Minimu Maximu
m m m m
Indoor Entertainment
1 per 400 sq. 1 per 500 sq.
1 per 1200
or Recreation
ft. in excess ft. in excess
sq. ft. in MX-T
1 per 300 sq.
of 1,000 sq. of 4,000 sq.
ft.
ft. ft.
Indoor Gun Range
1 per 3 1 per 1.5
persons persons
based on based on
maximum maximum
capacity capacity
Outdoor
1 per 4 1 per 2
Entertainment or
persons persons
Recreation
based on based on
maximum maximum
capacity capacity
Food, Beverage, and Lodging
Bar or Tavern
1 per 400 sq. 1 per 200 sq. 1 per 400 sq. 1 per 300 sq.
ft. ft. ft. ft.
Bed and Breakfast
1 per each
1 per 2 guest 1 per guest
guest room
rooms room
Fast Food Restaurant
1 per
1 per 200 sq. 1 per 250 sq. 1 per 150 sq.
1200150 sq.
ft. ft. ft.
ft.
Hotel or Motel
1 per guest 1.5 per guest 1 per 2 guest 1 per guest
room room rooms room
Neighborhood Food
1 per 300 sq. 1 per 500 sq
and Service
ft. ft
Standard Restaurant
1 per 350 sq. 1 per 250 sq. 1 per 450 sq. 1 per 250 sq.
ft. ft. ft. ft.
Office, Business, and Professional Services
Art Studio and
1 per 600 sq. 1 per 800 sq.
Workshop
ft. in excess ft. in excess
1 per 500 sq.
of 1,000 sq ft. of 4,000 sq.
ft.
ft.
Business or Personal
1 per 600 sq. 1 per 500 sq.
Service
ft. in excess ft. in excess
1 per 300 sq. 1 per 100 sq.
of 1,000 sq. of 4,000 sq.
ft. ft.
ft. ft.
Construction Office
1 Per 500 sq. 1 per 300 sq.
ft. ft.
Financial Institution
1 per 500 sq.
ft. in excess
1 per 600 sq. 1 per 300 sq. 1 per 300 sq.
of 4,000 sq.
ft. ft. ft.
ft.
Office
1 per 500 sq.
ft. in excess
1 per 500 sq. 1 per 400 sq. 1 per 300 sq.
of 4,000 sq.
ft. ft. ft.
ft.
Research and
1 per 1,500 1 per 400 sq. 1 per 1,500 1 per 1,000
Testing
sq. ft. ft. sq. ft. sq. ft.
Retail Sales
Retail, Neighborhood
1 per 300200 1 per 200300 1 per 300 sq. 1 per 200 sq.
sq. ft. sq. ft. ft. ft.
Retail, Small
1 per 400250 1 per 250400 1 per 500 sq. 1 per 300 sq.
sq. ft. sq. ft. ft. ft.
Table 400.08-1 Minimum and Maximum Vehicle Parking Required
DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank
Cell or Use Not Listed = No Requirement
Use All Districts Except the MX-D MX-D District
District
Minimu Maximu Minimu Maximu
m m m m
Retail, Medium
1 per 300 sq. 1 per 500 sq.
1 per
ft.; Except 1 ft. in excess
250400300
1 per 300 sq.
per 600 sq. ft. of 4,000 sq.
ft.
in MX-T ft.
sq. ft.
Retail, Large
1 per 500 sq.
1 per
ft. in excess
2503500 sq.
1 per 400 sq. 1 per 300 sq.
of 4,000 sq.
ft.
ft. ft.
ft.
Vehicles and Transportation
Automotive Center
2 per service
3 per service
bay plus 1
bay plus 1
per 500 sq. ft.
per 200 sq. ft.
of retail sales
of retail area
area
Automotive Repair
2 per service
2 per service
Services, Major
bay plus 1
bay plus 1
per 600 sq. ft.
per 300 sq. ft.
of retail sales
of retail area
area
Fueling Station
1 per 250 sq. 1 per 400 sq.
ft. of retail ft. of retail
sales area sales area
Motor Freight and
Warehousing
Motor Vehicle Sales,
1 per 500 sq.
Leasing, or Storage
ft. of indoor
sales or
leasing space
(excluding
areas used
only for
indoor
vehicle
storage)
Public Transportation
Dispatch Facility
Manufacturing, Processing, and Commercial Services
Artisan
1 per 400 sq. 1 per 500 sq.
Manufacturing
ft. in excess ft. in excess
1 per 700 sq.
of 1,000 sq. of 4,000 sq.
ft.
ft. ft.
Heavy Commercial
1 per 1,000
Services
sq. ft.
Heavy Industry
1 per 1,000
sq. ft.
Light Industry
1 per 1,000 1 per 1,200 1 per 1,000
sq. ft. sq. ft. sq. ft.
Recycling Transfer
1 per 1,000 1 per 1,000 1 per 700 sq.
Facility
sq. ft. sq. ft. ft.
Repair and
2 per repair 2 per repair
3 per repair
Maintenance Shop
bay plus 1
bay plus 1
bay1 per
per 600 sq. ft. per 1,000 sq.
1,000 sq. ft.
ft.
Table 400.08-1 Minimum and Maximum Vehicle Parking Required
DU = Dwelling Unit; BR = Bedroom; Sq. ft. = square feet of enclosed gross floor area (unless stated otherwise); Blank
Cell or Use Not Listed = No Requirement
Use All Districts Except the MX-D MX-D District
District
Minimu Maximu Minimu Maximum
m m m
Storage and, Distribution, and Wholesaling
Junkyard
Self Service
1 per 20010 1 per 20010 1 per 2505 indoor
Storage
indoor indoor storage units
Facility
storage units storage units
Wholesale
1 per 1,200 1 per 1,200
1 per 700 sq. ft. plus
Facility
sq. ft., plus 1 sq. ft., plus 1
1 per vehicle normally
per vehicle per vehicle
stored or parked on
normally normally
site
stored on the stored on the
site site
Resource and Extraction
Landfill
Quarry
Sand or
Gravel
Excavation
Accessory Uses and Structures
Animal 1 per
Husban 700 sq.
dry ft.
Drive-in
See
Facility
Section
60.400.0
80L.3
Residen
1 per 1 per
tial
500 sq. 400 sq.
Manage ft. ft. in MX-
ment or T
Sales
Office
Temporary Uses
Carnival Determi Determi
or ne on ne on
Festival case-by- case-by-
case case
basis at basis at
time of time of
temporar temporar
y use y use
permit permit
Contrac 1 per 1 per
tor’s 500 sq. 700 sq.
Office ft. ft.
and
Yard
Section 27. Table 400.08-4 of Clause I of Section 60.400.080 relating to Small Car Percentage
of the Unified Development Code is amended as follows:
I. Small Car Percentage
In any Parking Lot or Garage providing over five spaces a percentage of the total spaces may be designed
and marked for small cars according to Error! Reference source not found..
Table 400.08-4 Small Car Percentage
Maximum Percentage of Small
Total Space Required
Car Spaces
5-99
30%
100-149
40%
150 and more
50%
The following schedule identifies the size of spaces to be provided. Stall dimensions differ according to
whether they are designed for small or standard size cars and whether they are designed for short term
or long term parking.
TYPE OF PARKING
Size of Short Term Long Term
Car
Small 7' 6" x 15' 0” 7’ 3" x 15’
0’
Section 28. Clause J, including Table 400.08-5 of Section 60.400.080 relating to Design and
Location of Vehicle Parking of the Unified Development Code is amended as follows:
J. Design and Location of Vehicle Parking
1. General
a. Parking spaces, aisles and driveways shall be paved with asphalt or comparable all- weather, dust
free surfacing.
b. Parking areas shall have provision made for the on-site collection of drainage to eliminate sheet flow
of such waters onto sidewalks, public right-of-ways and abutting private property.
c. Lighting of parking areas shall be directed or deflected so as not to shine directly onto adjacent
dwellings or cause hazards to motorists on adjacent streets.
d. Spaces shall be striped or marked.
e. Wheel stops or bumper guards shall be provided where appropriate for spaces abutting a property
line so that no vehicle will overhang a public right-of-way or other property line.
B. 1.2. Accessible Parking
The number and design of accessible parking spaces shall be pursuant to the International Building Code
(IBC).
2.3. Dimensions of Parking Spaces and Drive Aisles
All on-site parking and maneuvering areas shall be constructed according to the following dimensional
standards.
a. All parking aisles shall terminate with a bump-out for turnaround maneuverability.
b. The length of a parking stall may be reduced allowing the front of vehicles to overhang the required
parking space to the extent shown in Table 400.08-5, provided that:
1) Any raised curb in the overhang areas is no more than four inches in height; and
2) The front of the parking space is located adjacent to a landscaped area or sidewalk that is at
least six feet in width.
c. Parking space dimensions shall meet the requirements of Table 400.08 5 Parking Dimension
Requirements unless specifically stated otherwise in this Section.
Table 400.08-5 Parking Dimension Requirements (in feet)
Two Two
Row Row
St Two
s of s of
S One Over
all -
Park Park
hang
tall -
An
Wi Way
ing ing
Le W Red
gl
dt Mod
Acce Acce
uctio
ngt ay
e
h ule
ssed ssed
h Ai n
Widt
from from
sl
h
One- Two-
e
Way Way
Aisle Aisle
30° 1 8’ 1 4 20 5 1
5 6” 1 1 0 .
3
45°
1 8’ 1 4 20 5 1
6” 2 7 5 .
7.
6 9
60°
1 8’ 1 5 21 5 2
9 6” 3. 1. 9 .
6 6 2
8’ 2 5 5
90° 1 23 2.6
8 6” 0 6 9
3.4. Access
a. A Parking Lot or Garage shall be designed to ensure safe and easy ingress, egress, and movement
through the interior of the lot.
b. Vehicular entrance drives shall be located and designed to minimize interference with pedestrians.
4.5. Location
a. For Single-Family Detached and Same Lot Duplex Dwelling uses in all districts, off- street parking
areas shall be located in a garage or on a driveway. Parking spaces that are located between the
building façade and the front lot line or between the building façade side street side yard, and that
are not located in a permitted driveway parking area, are prohibited.
b. For all other uses in an Agricultural, and Residential, MX-T, MX-D, and MX-S districts and Mixed Use
district, off-street parking areas shall not be located between the front building façade and the
adjacent street frontage.
c. Required off-street parking and loading shall be located on the same lot as the principal use except
that:
1) In the MX-T and MX-D districts;
(a) Parking for residents or employees may be provided within 600 feet of the site.
(b) Parking for customers, visitors and patrons may be provided within;
(i) 600 feet in the MX-T or;
(ii) 1000 feet in the MX-D
(c) Parking for employees of on-site businesses may be provided on-site or accommodated
outside the MX-D or MX-T area at a remote park and ride facility where connecting
service by public transit or private shuttle are arranged for use of on-site employees.
2) Up to 25 percent of required parking for a residential use in the MX-I, MX-T, or MX-D districts may
be provided within 500 feet of the site containing the non-residential use.
3) Up to 50 percent of required off-street parking for any non-residential use in any district other
than the MX-D district may be provided within 600 feet of the site containing the non-residential
use.
4) Parking locations for the MX-D district shall comply with Error! Reference source not found.,
Error! Reference source not found..
5) As a condition of approval of off-site parking pursuant to Subsections 1 or 2 above, the applicant
shall provide to the City evidence of the availability of the off-street parking for the exclusive use
of the applicant’s residential or non-residential land use.
d. To the maximum extent practicable, accessory parking shall be located at the rear of the
principal building with access from an alley or if constructed as part of the principal building
behind the front façade of the principal building.
e. If is not feasible to locate the Parking Lot or Garage to the rear of the principal building, the
parking may be located to one side of the principal building. A Parking Lot or Garage located
to one side of a principal building shall be no more than 60 feet in width (not including any
required landscape buffer areas) measured from the side wall of the principal building.
f. If the principal building and Parking Lot or Garage is situated on a corner lot, the parking must
be located to allow the principal building to be built to both the front and side-street property
lines. A portion of the Parking Lot or Garage may front along the side-street lot line when
situated behind the rear wall (or parallel extension thereof) of the principal building on the lot
and subject to any other identified design features, setback, buffering, screening, and
landscaping.
g. Notwithstanding any MX-T district requirements, a new or expanded Parking Lot or Garage
shall not abut any of the seven “active/pedestrian streets” shown on the Map below. A parking
Lot or Garage is not considered to be abutting a street frontage if it is separated from the
street property line by a principal building that is at least 15 feet in depth, one story above the
sidewalk grade, and at least as wide as the parking facility on the lot.
Section 29. Paragraph 2 of Clause B of Section 60.400.110 relating to Applicability of Signs of
the Unified Development Code is amended as follows:
2. Required sign permits shall be approved pursuant to Section 60.500.060KK, Sign Permit.
Section 30. Clause D of Section 60.400.110 relating to Signs Requiring a Permit of Signs of the
Unified Development Code is amended as follows:
D. Signs Requiring a Permit
1. All signs erected, altered, or replaced within the City that are not listed in Section 60.400.110C require a
Sign Permit pursuant to Section 60.500.060KK.
2. Any lighted sign requires a Sign Permit pursuant to Section 60.500.060KK.
3. A new permit consistent with the standards in this Section 60.400.110D is required each time:
a. A new primary building is constructed;
b. The gross floor area of an existing primary building is expanded by more than 50 percent;
c. An existing primary building is improved or redeveloped, and the value of that work exceeds 50% of
the value of the existing primary building, as shown in applicable property tax records;
Section 31. Paragraph 2 of Clause F of Section 60.400.110 relating to Lighting of Signs of the
Unified Development Code is amended as follows:
2. Lighting of Signs
a. Internal lighting, back lighting, and spot lighting are permitted to illuminate signs as stated in Table
400.11-1 General Sign StandardsTable 400.11-1 General Sign Standards.
b. Each light source for internal lighting, back lighting, or spot lighting of a sign shall be shielded so that
the lighting source (i.e. the light bulb itself) is not visible from any Agricultural and Residential district,
any Residential Use in a Mixed Use district, and from any public right-of-way.
c. Lighted signs adjacent to Residential districts and located within a zone that restricts hours of operation
may only be lit during business hours
Section 32. Paragraph 3 of Clause F, of Section 60.400.110 relating to Table of Sign Standards
of the Unified Development Code is amended as follows:
3. Table of Sign Standards
Table 400.11-1 General Sign StandardsTable 400.11-1 General Sign Standards, states the general sign
standards for all signs in all districts, unless stated otherwise in this Section 60.400.110.
Standards for Billboards can be found in Section 60.400.110G Billboards.
Table 400.11-1 General Sign Standards
I = Internal B = Backlight S = Spotlight
Mixed Use
Agricultural and
Non-
Residential
Districts Resid
Districts
ential
Type of Sign
Distric
ts
Non- M M
X X
Resid
Resident M BP, LI,
- -
ential
ial Use X SI
S G
Us
-
, ,
e
N
M M
X X
- -
C D
, ,
M M
X X
- -
I T
Wall Signs
1 General: 1
Maximum
Number
Buildings over 5 stories: 1 additional \[1\]
per Street
Frontage
12 sq. 24 sq. 50 50 250 400 sq. ft.
Maximum
ft. ft. sq. sq sq.
Area
ft. . ft.
ft.
8 feet Same as primary structure maximum height \[2\]
Maximum
Height
Not B B, B, I, I, B, S
Permitted
Permitt S S B,
Lighting
ed \[9\] S
\[3\]
Freestanding Sign
1 1 \[4\] 1 1 1 1
Maximum
\[5\] \[5\]
Number
per Street
Frontage
12 sq. 24 sq. 50 50 64 64 sq. ft.
Maximum
ft. ft. sq. sq sq.
Area
ft. . ft.
ft.
6 feet 6 feet 6 15 20 15 feet
Maximum
feet fe feet
Height
\[8\] et
Section 33. Clause G of Section 60.400.110 relating to Billboards of the Unified Development
Code is amended as follows:
C. G. Billboards
1. Billboard Sign Standards Table
MX-G Mixed General
LI Light SI Special
Industrial Industrial
Height
50 ft. 50 ft. 50 ft.
Minimum
20 ft. 20 ft. 20 ft.
Clearance
Area \[1\]
600 sq. ft. 600 sq. ft. 600 sq. ft.
Maximum 2.0 2.0
2.0 footcandles
Illumination footcandles footcandles
Electronic permitted permitted permitted
Billboards \[2\]
\[1\] A maximum sign area of 600 sq. ft. is permitted for billboards oriented toward freeways
expressways, and arterials as designated on the ROCOG 2045 Long Range Transportation Plan.
Billboards oriented toward all other roadways have a maximum sign area of 400 sf. ft.
\[2\] Static Billboards may be converted to electronic Billboards in non-conforming locations
provided the face of the billboard is not directed toward an abutting lot containing a residential
use and a lighting plan is provided showing that the lighting will not spill over onto a lot containing
a residential use.
1.2. Spacing
All billboards erected after December 22, 1992, shall comply with the following spacing standards:
a. No billboard shall be located within 1,000 feet of another billboard located on the same side of the
street. Distances between billboards shall be measured along the adjacent right-of-way line of the
street or highway where the billboard is directed as shown in Figure 1a.
b. No billboard shall be located within a 100- foot radius from the intersection of the rights-of-way of two
or more streets or highways as shown in Figure 1b.
c. No billboard shall be located within 200 feet of the intersection of a street and a railroad right-of-way.
The distance shall be measured from the center point of the street-railroad intersection to the nearest
edge of the billboard as shown in Figure 1c.
d. No billboard shall be located within 300 feet of a Place of Worship, School, or Medical Facility. This
distance shall be measured along the Right of Way from the nearest edge of the billboard to the Place
of Worship, School, or Medical Facility to the closest point on any boundary line of the Place of
Worship, School, or Medical Facility property as shown in Figure 1d. This restriction only applies to
Place of Worship, School, or Medical Facility properties that abut the same right-of-way where a
billboard is oriented, regardless of whether the billboard is located on the same side of the opposite
side of the right-of-way as the Place of Worship, School, or Medical Facility.
e. No billboard shall be located within 250 feet of a boundary of an Agricultural orand Residential district.
This distance shall be measured from the nearest edge of the billboardright-of-way to the closest point
on any boundary of the Residential district as shown in Figure 1e.
f. No billboard shall be located within 300 feet of and oriented toward the following portions of the
following streets and highways within the City:
1) County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and northerly to
th
Trunk Highway 52 at 55Street NW,
2) County State Aid Highway 22 from Trunk Highway 14 at the University Center northerly and
th
westerly to North Broadway Avenue Trunk Highway 63 at 37Street NW; and
th
55Street NW from Trunk Highway 52 easterly to County Road 133 (West River Road).
Section 34 Paragraph 1 of Clause K of Section 60.400.120 relating to Sign Measurements of
the Unified Development Code is amended as follows:
K. Sign Measurements
1. Area of a Sign
a. Sign area is calculated as the area within a continuous perimeter with up to eight straight sides that
encloses the limits of text and graphics of a sign, together with any frame or other material or color
forming an integral part of the display or used to differentiate the sign’s message from the background
against which it is placed. The area excludes the structure upon which the sign is placed (unless the
structure is an integral part of the display or used to differentiate it), but includes any open space
contained within the outer limits of the display face of a sign, or between any component, panel, strip,
or figure of any kind composing the display face, whether this open space is enclosed by a frame or
border or not.
b. Support structures will not be counted against total sign if the Community Development Director
determines that such elements are appropriately scaled to the size of the copy.
b.c. For purposes of measuring the size of a billboard sign, only one side of a sign with two back-to-
back parallel sign surfaces shall be the area of one of those surfaces.
2. Measuring the Height of a Sign
a. Sign height is measured as the vertical distance from the average elevation of the finish grade within
a six-foot radius at the base of the sign to the top of the sign, including all backgrounds and support
structures, exclusive of any filling, berming, mounding, or landscaping, solely done for the purpose of
locating the sign.
b. If natural grade at the base of a sign is lower than the grade of an adjacent road, the height of the sign
may be measured from the top of curb elevation.
c. For purposes of measuring the size of a billboard sign, only one side of a sign with two back-to-back
parallel sign surfaces shall be the area of one of those surfaces.
Section 35 Clause B of Section 60.400.120 relating to Incentives of the Unified Development
Code is amended as follows:
B. Combination of Bonuses
More than one bonus in Table 400.12-1 Summary of IncentivesTable 400.12-1 Summary of Incentives may be
earned on a single property or development, but no combination of bonuses in Table 400.12-1 may result in
the:
1. Maximum FAR on any lot or development site being increased by more than 25 percent above the
maximum FAR that would otherwise apply under this UDC; or
2. Maximum gross floor area on any lot or development site being increased by more than 25 percent above
the maximum gross floor area that would otherwise apply under this UDC; or
3. Number of dwelling units on any lot or development site being increased by more than 25 percent above
the maximum number of dwelling units that could be located on that lot or development site under this
UDC
Section 36. Table 500.01-1 of Clause B of Section 60.500.010 relating to Summary Table of
Review Procedures of the Unified Development Code is amended as follows:
Table 500.01-1 Summary Table of Review Procedures
Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing
P P Review and Decision-
ub re- Making
lic Sub Bodies
N mitt
oti al
ce
UDC
Procedure
Sectio
of
n
Board
Council
-
PublishedMailedPostedNeighborhood InformationPreDevelopmentCommunity DevelopmentPlanning Commission Heritage PreservationZoningAppealsCity
Major Decision by City Council
Comprehensive
Sec Y
Plan and/or Land
tion \[
Y Y R \[ \[
Use Plan Adoption
60.500 7
R D
or Amendment
.040A \]
\] \]
Growth
Sec
Y Y Y Y R \[ \[
Management Map
tion
R D
60.500
Amendment .040B \] \]
Annexation of Land
Sectio
Y
n
\[
Y Y Y Y R \[ \[
60.500
8
R D
.040B.
\]
\] \]
4.a
UDC Text
Sec
Y Y R \[ R \[
Amendment
tion
R \[ D
60.500
\] 1 \]
.040D
\]
Rezoning (Official
Sec
\[ R \[
Y Y Y Y Y R
Zoning Map
tion
R \[ D
Amendment)
60.500
\] 2 \]
.040E
\]
\[
1
\]
Designation or
Sec Y
Removal of
tion \[
Y Y Y Y R \[ \[
Landmark Property
60.500 6
R D
or Landmark
.040F \]
\] \]
District
Table 500.01-1 Summary Table of Review Procedures
Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing
P P Review and Decision-
ub re- Making
lic Sub Bodies
N mitt
oti al
ce
UDC
Procedure
Sectio
of
n
Board
Council
-
PublishedMailedPostedNeighborhood InformationPreDevelopmentCommunity DevelopmentPlanning CommissionHeritage PreservationZoningAppealsCity
Major Land
Sec
Y Y Y Y Y R R \[
Subdivision Permit
tion
D
60.500
\]
.040G
Final Plat
Sec
Y R \[
tion
D
60.500
.040H \]
Official Map
Sec
Y R R \[
Adoption
tion
D
60.50
\]
0.040I
Distinctive
Sec
Y Y Y Y Y R
\[ \[
Development
tion
R D
60.500
\] \]
.040K
Conditional Use
Sec
Permit Approved
tion
Y Y Y Y Y R R \[
by City Council
60.500
D
.050A
\]
Interim Use Permit
Sec
Y Y Y Y Y R R \[
tion
D
60.500
\]
.040M
Vacation, Right of
Sec
Y
Y Y R R \[
Way
tion
D
60.50
\]
0.040J
Vacation, Public
Sec
Y
Y Y R \[
Easement
tion
D
60.500
\]
.040K
Decisions That May Require by a Designated Authority
Conditional Use
Sec
Permit Approved
tion
Y Y Y Y Y R \[ \[
by Planning
60.500
D A
Commission
.050A
\] \]
Certificate of
Sec
Appropriateness –
tion
R D \[
Major Alterations
60.500
\[ A
.050B
3 \]
\]
Shoreland
Sec
R
\[ \[
Protection Permit
tion
D A
60.500
\] \]
.050C
Property
60.500 D
\[
Placement on
.050D A
Historic Inventory
\]
Development Approvals by Community Development Director
Table 500.01-1 Summary Table of Review Procedures
Y = Yes R = Review D = Decision A = Appeal \[ \] = Public Hearing
P P Review and Decision-
ub re- Making
lic Sub Bodies
N mitt
oti al
ce
UDC
Procedure
Sectio
of
n
Board
Council
-
PublishedMailedPostedNeighborhood InformationPreDevelopmentCommunity DevelopmentPlanning CommissionHeritage PreservationZoningAppealsCity
Variance
0 Y Y Y R \[ \[
D A
\] \]
NOTES
\[1\] UDC Text Amendments that involve the HPO or related procedures shall be reviewed by both the
Planning Commission and the Heritage Preservation Commission.
\[2\] Official Zoning Map Amendments that involve designation of HPO landmarks or landmark districts or
removal of HPO landmark designations shall be reviewed by the Heritage Preservation Commission
rather than the Planning Commission.
\[3\] Public Meeting rather than Public Hearing is required.
\[4\] A Site Development Plan proposing development of four or fewer residential units does not require a
Pre- development Meeting or an information meeting.
\[5\] Decision made by City Engineer.
\[6\] NIM required only when creating or removing entire landmark districts and landmark designation
removal.
\[7\] Mailing requirement only applies to private property owners that initiate a Land Use Plan Amendment
\[8\] Notification will occur in accordance with State Statute requirements
Section 37. Subparagraph c. of Paragraph 2 of Clause B of Section 60.500.030 relating to
Scheduling the Meeting of Pre-Submittal Activities of the Unified Development Code is amended as
follows:
c. Scheduling the Meeting
1) A Neighborhood Information Meeting Policy is on file with the Community Development Director
and will be reviewed for conformance when scheduling the Neighborhood Information Meeting.
1) 2) Where required by Table 500.01-1 Summary Table of Review Procedures, or upon notification
that a hearing is required under Section 60.500.030B(2)(b)(2) or (3) above, the applicant shall
request in writing that the Community Development Director schedule a Neighborhood
Information Meeting.
2) 3) The applicant shall complete and submit a Neighborhood Information Meeting request form at
least five business days prior to the notification mailing.
3) 4) The meeting must be held in an accessible facility, located in the same quadrant of the city, as
described in Section 60.400.030M.5.e.2), in which the development is proposed. If the
Community Development Director has concerns regarding the choice of meting facility, based
on its design, accessibility, or proximity to residents who may be affected by the proposed
development, the applicant may be required to select an alternate location.
4) 5) The Community Development Director will provide a mailed postcard notice of the Neighborhood
Information Meeting at least 10 calendar days prior to the meeting in accordance with Section
60.500.030C.1.b, Written Notice, and shall notify the Registered Neighborhood Association, if
one exists, where the proposed development is located.
5) 6) The Community Development Director shall also notify Registered Neighborhood Associations,
if any exist, where the proposed development is located.
6) 7) Neighborhood Information Meetings shall not be scheduled to conflict with regularly scheduled
City Council meetings or on federal holidays, including Election Day.
7) 8) Staff may attend but shall not present, evaluate, or approve development proposals at
Neighborhood Information Meetings.
Section 38. Subparagraph b of Paragraph 1 of Clause C of Section 60.500.030 relating to
Written Notice of Public Hearings of the Unified Development Code is amended as follows:
b. Written Notice
1) Notice Required
Unless otherwise provided, addresses for a mailed notice required by this UDC shall be
obtained from the County’s real property tax records and sources of property owner and tenant
mailing addresses obtained no more than 60 days prior to mailing. Mailed notice shall be sent
out by the Community Development Director at least 10 calendar days prior to the day of the
hearing. Notice shall be provided to:
(a) All owners and tenants of property affected by the application or owning or occupying property
situated wholly or partly within 350 feet of the property subject to the application, provided that
no fewer than 50 distinct property owners and the tenants of those property owners shall be
notified. Community Development will develop these notices based on the address points
contained within the Olmsted County Addressing Database;
(b) Any township included within or adjacent to the property subject to the application;
(c) City Council; and
(d) The Community Development Director will keep a list of all of the owners and addresses to
which notice was sent.
Section 39. Subpart (c) of Subsection (3) of Subparagraph b of Paragraph 3 of Clause E of
Section 60.500.030 relating to Planning Commission Decision of Review and Decisions of the Unified
Development Code is amended as follows:
c. Planning Commission Decision
(i) Prior to the public hearing, in addition to the notice procedures outlined in Section
60.500.030C, notice shall be sent to all property owners who have land within 500350 feet
of, and to at least 50 property owners closet to, the parcel under consideration.
(ii) If a preliminary decision of the Community Development Director is not scheduled for
review, or following a scheduled review by the Planning Commission, the Community
Development Director shall dispose of the development permit in the manner provided for
by Section 60.500.030E.3 Decision. If there are any changes to the preliminary notice of
action, the Community Development Director shall make such change or transmit a
revised copy to the applicant.
(iii) The Planning Commission shall take action by majority vote of its members present when
the hearing was held, within 25 days of the close of the hearing, unless an extension is
agreed to by the applicant.
Section 40. Subparagraph b of Paragraph 2 of Clause F of Section 60.500.030 relating to
Appeals of Post-Decision Actions and Limitations of the Unified Development Code is amended as
follows:
b. Who May File an Appeal
1) An applicant or an affected party aggrieved by a decision may file an appeal within 10 business
days of a decision.
2) The basis for such an appeal may be any alleged error of an official or public body in making a
decision, including failure to make a decision within the prescribed time limit. A decision means
any decision, order, requirement, or interpretation which the official or body has the power or
duty to make under this UDC.
Section 41. Clause C of Section 60.500.040 relating to Annexation of Land of Major Decisions
by City Council of the Unified Development Code is amended as follows:
C. Annexation of Land
1. Purpose
The purpose of this Section 60.500.040Cis to describe the process by which the City will consider petitions
for annexation of land.
2. Applicability
This process is applicable to Annexation Petitions signed by the property owner and petitions for
annexation land submitted in accordance with Minnesota Statutes 414.033, Annexation by Ordinance.or
signed by a majority of the landowners within such area.
Procedure for Annexation of Land by Ordinance following receipt of a petition.
3. Procedure for Annexation of Land
a. Amendments to the boundaries of corporate and extraterritorial limits shall be adopted as provided by
Minnesota state statute, and approved annexations shall be entered on the zoning map in the same
manner as amendments to the zoning district boundaries.
b. The procedure to include new lands into the municipal boundaries of the City shall comply with all
applicable requirements of Section 60.500.030 Common Procedures unless modified or supplemented
by this Section 60.500.040CSection 60.500.040B.4.a.
c. Petition Submission, Notice, and Hearing
1) Property owners may submit a petition for an Annexation of Land by Ordinance as authorized by
Minnesota state law.
2) The application for Annexation of Land shall be scheduled for public hearings before the Planning
Commission and City Council in accordance with Section 60.500.030, Common Procedures.
Upon receipt of a petition, the Community Development Director will verify the following:
1) Notice of the public hearing before City Coucnil shall be sent to the affected Township and all
contagious property owners, via certified mail, at least thirty days prior to the public hearing.
That a majority of the property owners of such land proposed to be Annexed have signed the
Petition;
That, within 10 days of submitting the petition to the City, the Petitioners have filed copies of
the petition with the Chief Administrative Law Judge, the town board, the county board,
and the municipal council of any other municipality which borders the land to be annexed;
If no objections to the Petition for Annexation of Land by Ordinance are received, the Petition for for
Annexation of Land by Ordinance shall be scheduled for public hearings before the Planning
Commission in accordance with Section 60.500.030, Common Procedures.
Following the Planning Commission hearing, the matter shall be scheduled for public hearings before
the City Council for an annexation ordinance in accordance with Section 60.500.030 Common
Procedures; except that at least 30 days’ written notice by certified mail will be provided to the
town or towns affected by the proposed Annexation of Land By Ordinance and to all landowners
within and contiguous to the area to be annexed.
d. Planning Commission Hearing and Recommendation
1) The Planning Commission shall hold a public hearing on the application for an Annexation of
Land pursuant to Section 60.500.030C.2, Conduct of Public Hearing.
2) Following the hearing, the Planning Commission shall, within the time limits imposed by this
UDC, recommend that City Council approve, approve with conditions, or deny the application,
based on the criteria in Subsection 4 below.
e. City Council Action
1) The City Council shall hold a public hearing on the application for an Annexation of Land pursuant
to Section 60.500.030C.2, Conduct of Public Hearing.
2) 1) Following the hearing, the City Council shall, within the time limits imposed by this UDC, approve,
approve with conditions, or deny the application, based on the criteria in Subsection 4 below.
3) 2) The final decision may be extended for a reasonable period of time by agreement between the
applicant and the Community Development Director, but not to exceed six months from the date
of the first hearing on the matter.
4. Criteria for Annexation of Land Approval
The Planning Commission shall recommend, and City Council may approve an Annexation of Land, if it
determines that the following criteria are met:
a. The Annexation of Land is consistent with the adopted Comprehensive Plan regarding areas for future
growth and development of the City;
b. The proposed Annexation of Land is able to be served by existing City infrastructure and services, or
through future expansions of infrastructure and services included in approved City plans or policies, or
the applicant has agreed to pay for required expansions of City infrastructure and services on terms
acceptable to the City.
Section 42. Paragraph 2 of Clause H of Section 60.500.040 relating to Applicability of Final Plat
of the Unified Development Code is amended as follows:
2. Applicability
The Final Plat process applies to all lands that are the subject of a Major or Minor Land Subdivision
Permit that has been approved or approved with conditions, and must be completed before a
Zoning Certificate for any activity on the lots shown in those Permits may occur.
Section 43. Clause J of Section 60.500.040 relating to Public Street Vacation of Public Street or
Easement Vacation of the Unified Development Code is amended as follows:
J. Public Street or Easement Vacation
1. Purpose
The purpose of this Section 60.500.040JI is to clarify the process for vacating dedicated public
right-of-way.
2. Applicability
This process applies to all applications to vacate a public street or easement or right-of- way. Itf
does not apply to requests to vacate private easements within or outside of a public street or public
right-of-way that do not affect the designation or City or public ownership of the surface of the street
or right-of-way or its use for public travel, circulation, or mobility.
3. Procedure for Public Street or Easement Vacation Adoption
Applications to vacate a public street or easement shall comply with all applicable requirements
Of Section 60.500.030 Common Procedures unless modified or supplemented by this Section
60.500.040JI
a. Application, Notice, and Hearing
1) An Application for a Public Street or easement Vacation may be filed by the
Community Development Director, City Engineer, Planning Commission, City
Council
or by petition by owners of at least 50% of the land abutting the public street or
Easement.
2) The application for Public Street or easement Vacation shall be scheduled for a public
Hearing before City County in accordance with Section 60.500.030, Common
Procedures.
b. Planning Commission Recommendation
The Planning Commission shall, within the time limits imposed by this UDC, recommend that the
City Council approve, approve with conditions, or deny the application, based on the Criteria in
Subsection 4 below.
c. City Council Action
1) The City Council shall hold a public hearing on the application for Public Street Vacation
pursuant to Section 60.500.030C.2, Conduct of Public Hearing.
2) Following the hearing, the City Council shall, by at least 5 votes of the Council, within
the time limits imposed by this UDC, approve, approve with conditions, or deny
the application based on the criteria in Subsection d below.
3) The final decision may be extended for a reasonable period of time by agreement
between the applicant and the Community Development Director, but not to exceed six
months from the date of the first hearing on the matter.
d. Criteria for Public Street Vacation Approval
1. The Planning Commission shall recommend, and the City Council shall approve, or
approve with conditions, the Public Street Vacation if it determines that the application
complies with the following criteria:
a. The vacation of the public street is in the public interest and will confer a public
benefit on the City;
The vacation of the public street will not deny legally required public access to
any lot or parcel.
Section 44. Clause K of Section 60.500.040 relating to Public Easement Vacation of the Unified
Development Code is amended as follows:
K. Criteria for Public Street Vacation Approval
1. The Planning Commission shall recommend, and the City Council shall approve, or approve
with conditions, the Public Street Vacation if it determines that the application complies with the
following criteria:
a. The vacation of the public street is in the public interest and will confer a public benefit on the City;
b. The vacation of the public street will not deny legally required public access to any lot or
parcel
K. Public Easement Vacation
1. Purpose
The purpose of this Section 60.500.040J is to clarify the process for vacating dedicated public easements.
2. Applicability
This process applies to all applications to vacate a public easement. It does not apply to requests to vacate
private easements.
3. Procedure for Public Easement Vacation Adoption
Applications to vacate a public easement shall comply with all applicable requirements of Section
60.500.030 Common Procedures unless modified or supplemented by this Section 60.500.040K
a. Application, Notice, and Hearing
1) An application for a Public Easement Vacation may be filed by the Community Development
Director, City Engineer, Planning Commission, City Council or by petition by owners of at least
50% of the land abutting the public easement.
2) The application for Public
Easement Vacation shall be scheduled for a public hearing before City Council in accordance
with Section 60.500.030, Common Procedures.
b. City Council Action
1) The City Council shall hold a public hearing on the application for Public Easement Vacation
pursuant to Section 60.500.030C.2, Conduct of Public Hearing.
2) Following the hearing, the City Council shall,, by at least 5 votes of the Council, within the time
limits imposed by this UDC, approve, approve with conditions, or deny the application based on
the criteria in Subsection c below.
3) The final decision may be extended for a reasonable period of time by agreement between the
applicant and the Community Development Director, but not to exceed six months from the date
of the first hearing on the matter.
c Criteria for Public Easement Vacation Approval
1) The City Council shall approve, or approve with conditions, the Public Easement Vacation if it
determines that the vacation of the public easement is in the public interest and will confer a
public benefit on the City.
Section 45. Subparagraph (e ) of Paragraph 4 of Clause N of Section 60.500.040 relating to
Criteria for Interim Use Permit Approval of the Unified Development Code is amended as follows:
e. If the application related to land disturbing activities that the City Engineer determines, pursuant to
Section 60.500.060I.2.c, require an application for an Interim Use Permit, the applicant has given the
City adequate assurances (which may include financial assurances) that the activity will not
1) create substantial adverse impacts on surrounding properties during or after the Interim Use
period or
2) allow the land to be used for purposes inconsistent with the Comprehensive Plan after the Interim
Use Permit period, and
3) adversely affect the scenic quality of Rochester or the natural landscapes, environment, wildlife
and wildlife habitat; or if such effects are anticipated to occur, the reclamation plan provides for
adequate restoration of the site following completion of the excavation activity.
e.f. The date or event that will terminate the use can be identified with certainty
Section 46. Subparagraphs (b) and (c) of Paragraph 3 of Clause A of Section 60.500.050 relating to
Procedure for Conditional Use Permit Approval of the Unified Development Code is amended as follows:
b. If Table 300.012-1 indicates the use is approved by Planning Commission, the provisions of Section
60.500.030E.3.b Decisions to be Made by Authority shall also apply, and the decision shall be based
on the criteria in Subsection 4 below.
c .If Table 300.012-1 indicates the use may only be approved by City Council, the provisions of Section
60.500.030E.3.c. Decisions by City Council shall also apply. In this case, the Planning Commission
shall make a recommendation, and the City Council shall make a decision, based on the criteria in
Subsection 4 below.
Section 47. Paragraph 4 of Clause A of Section 60.500.050 relating to Criteria for Conditional Use
Permit Approval of the Unified Development Code is amended as follows:
4 Criteria for Conditional Use Permit Approval
a. General
The Planning Commission or the City Council, as indicated in Table 300.012-1, shall approve a
Conditional Use Permit if it determines that the proposed use will not create any of the following
negative impacts.
1) Vehicular loading, unloading, parking, and vehicular or pedestrian circulation on the site will create
hazards to safety or will impose a significant burden upon public facilities;
2) The Site Development Plan does not provide pedestrian access to any customer/tenant
ingress/egress of the building, including from a public right-of- way and off-street parking area that
serves the use while minimizing non- vehicular/vehicular conflicts;
3) The operation of the use will create significant negative impacts on the surrounding area or will
impose undue burdens on the sewers, sanitary and storm drains, water, or similar public facilities;
4) The application will create significant negative environmental impacts on the surrounding area.
5) The application or related Site Development Plan fails to comply with one or more previous use or
development approvals for the property, including without limitation any Distinctive Development
approval or General Development Plan applicable to the property; and/or
6) The application or related Site Development Plan fails to comply with all applicable UDC regulations
or other City adopted plans and regulations applicable the use or zone district in which the property is
located, including but not limited to any Use-Specific Standard applicable to the proposed use in
Section 60.300.020, unless a Minor Modification, Major Modification, or Variance permitting that
deviation has been approved by the City
Section 48. Subsection 3 of Subparagraph (c ) of Paragraph 4 of Clause A of Section 60.500.050
relating to Additional Criteria for Approval in SDO-Shoreland District Overlay of the Unified Development Code is
amended as follows:
3) A wetland delineation is required for all development that has Decorah Edge soils or groundwater
supported wetlands on the Decorah Edge overlay Map and or Hydric Soils based on the USDA Soil
Survey as they are administered by the City’s 6-3 Wetland Conservation Ordinance; and
Section 49. Subsection (1) and (2) of Subparagraph (b) of Paragraph 4 of Clause C of Section
60.500.050 relating to Criteria for Shoreland Protection Permit Approval of the Unified Development Code is
amended as follows:
1) For residential developments consisting of buildings containing five or more units, or industrial
developments, the following vegetation management standards shall apply.
(a) The riparian edge of the lot within the Shore Impact Zone must be preserved in its natural
or existing state, for a minimum of 80 percent. Where the existing or natural state of the
riparian edge has been previously cleared or lacks deep-rooted, woody vegetation, the
shore impact zone shall be restored consistent with the Standards in Section
60.200.040F.11.a.3.
(b) These protections shall be preserved in perpetuity and maintained by use of deed
restrictions, covenants, permanent easements, public dedication, or other equally effective
and permanent means.
(c) The city shall monitor compliance under Section 60.200300.040F.11.a.3 to ensure
permanent protection.
2) For residential subdivisions containing buildings with four or fewer dwelling units, the following
vegetation management standards shall apply, which are alternative to those detailed in Section
60.200.040F.11.a.2.c&d.
(a) 100% of the Shore Impact Zone must be preserved in its natural or existing state. Where
the existing or natural state of the riparian edge has been previously cleared or lacks deep-
rooted, woody vegetation, the entirety of the shore impact zone shall be restored
consistent with the Standards in Section 60.200.040F.11.a.3.
(b) These protections of the shore impact zone shall be preserved in perpetuity and by use of
shared ownership, HOA covenants, or public dedication. The city shall monitor compliance
under Section 60.2300.040F.11.a.3 to ensure permanent protection.
(c) The city shall monitor compliance under Section 60.2300.040F.11.a.3 to ensure
permanent protection.
Section 50. Subsection (5) of Subparagraph (a) of Paragraph 3 of Clause B of Section 60.500.060
relating to Criteria for General Development Plan Approval of the Unified Development Code is amended as
follows:
5 Provisions for wetlands areas and DEO zoning district Edge Support comply with applicable standards
in this UDC and will maintain the quality and quantity of groundwater recharging lower aquifers
and to protect discharge, interflow, infiltration, and recharge processes.
Section 51. Paragraph 4 of Clause H of Section 60.500.060 relating to Criteria for Floodplain
Development Permit Approval of the Unified Development Code is amended as follows:
4. Criteria for Floodplain Development Permit Approval
A Floodplain Protection Permit may be approved, or approved with conditions, if all construction and
substantial improvements, including the placement of manufactured homes, meet the following:The
application may be approved or approved with conditions a Floodplain Development Permit if the
Community Development Director determines that If a proposed building site is in the FPO – Floodplain
Overlay, all construction and substantial improvements including the placement of manufactured homes
must be:
a. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement
of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. Constructed with materials and utility equipment resistant to flood damage;
Section 52. Table 500.07-1 of Paragraph 4 of Clause A of Section 60.500.070 relating to
Standards Subject to Minor Modification of the Unified Development Code is amended as follows:
Table 500.07-1 Standards Subject to Minor Modification
Code Standard Potential Maximum
Modification
Site Standards
Lot area (minimum)
Lots larger than 3,000 sq. ft. 15%
Lots of 3,000 sq. ft. or smaller 25%
Lot width (minimum)
Lots larger than 3,000 sq. ft. 15%
Lots of 3,000 sq. ft. or smaller 25%
Lot Dimensional Standards
Front setback (minimum or maximum) 15%
Side setback (for primary or accessory structures) 20%
Minimum sum of side yards 20%
Rear setback (for primary or accessory structures) 15%
Building Standards
Building height (minimum or maximum)
Residential 5 ft.
All other 10 ft.
Building length (maximum) 10%
Development Standards
Landscape area reduction \[1\] 20%
Bufferyards (minimum width) 10%
Usable recreation area reduction 20%
Sign area 10%
Sign height 2 ft.
Building and Pedestrian Design
To the extent determined
necessary by the Community
Development Director to
facilitate infill, redevelopment, or
Building and Pedestrian design
development of comparable
quality to standard requirements
of Section 60.400.070F or
60.400.040D.11
Reasonable Accommodation under federal Fair
Housing Act
All requests See Section 60.500.070A.4.a
Relief under Religious Land Use and Institutionalized Persons Act
All requests See Section 60.500.070A.4.b
NOTES
Section 53. Subparagraphs (d) and (f) of Paragraph 3 of Clause B of Section 60.500.070 relating to
Procedure for Major Modification Approval of the Unified Development Code is amended as follows:
d The Planning Commission shall approve all Major Modification requests that comply with the approval
criteria described in 500.07-20 below.
F The Community Development Director’s decision on a requested Major Modification may not be appealed
separately from the decision on the application to which it is attached.
Section 54. Table 500.07-2 of Paragraph 3 of Clause B of Section 60.500.070 relating to
Standards Subject to Major Modification of the Unified Development Code is amended as follows:
Table 500.07-2 Standards Subject to Major Modification
Potential
Code Standard
Maximum
Modification
Site Standards
Lot area (minimum)
Lots larger than 3,000 sq. ft. 25%
Lots of 3,000 sq. ft. or smaller 35%
Lot width (minimum)
Lots larger than 3,000 sq. ft. 25%
Lots of 3,000 sq. ft. or smaller 35%
Lot Dimensional Standards
Front setback (minimum or maximum) 35%
Side setback (for primary or accessory structures) 25%
Minimum sum of side yards 25%
Rear setback (for primary or accessory structures) 25%
Building Standards
Building height (minimum maximum)
Residential 10 ft.
All other 15 ft.
Building length (maximum) 20%
Development Standards
To the extent
determined
necessary by the
Community
Development
Director to
facilitate infill,
Neighborhood Protection Standards
redevelopment, or
development of
comparable
quality to standard
requirements of
Section
60.400.020F.
Landscape area reduction \[1\] 35%
Bufferyards (minimum width) 20%
Usable recreation area reduction 35%
Sign area 15%
Sign height 5 ft.
NOTES
\[1\] Requests for more other variations from landscape requirements may use the Alternative
Equivalent Compliance option described in Section 60.400.060F.
Section 55. Paragraphs 3 & 4 of Clause C of Section 60.500.070 relating to Variances of the Unified
Development Code is amended as follows:
3. Procedure for Variance Approval
a. Applications for a Variance shall comply with all requirements of Section 60.500.030 Common
Procedures applicable to decisions that require a public hearing before a designated authority, unless
modified of supplemental by this OA.
b. Any approved Variance is only valid for the proposal outlined in the Variance application.
b.c. In granting a Variance, the Board may impose such reasonable and appropriate conditions and
safeguards as may be necessary to accomplish the purpose of the regulations that are to be modified and
to reduce or minimize potentially injurious effects of the Variance upon adjoining properties, the character
of the neighborhood, and the health, safety, or general welfare of the community, provided that any such
conditions are directly related to and roughly proportional to the impact of the Variance.
c. d. For any Variance application that does not involve the standards or criteria in Section 60.200.040E
FPO – Floodplain Overlay, the Zoning Board of Appeals shall, within the time limits stated in this UDC,
approve, approve with conditions, or deny an application for a Variance of any standard or criteria based
on the criteria in Subsection 4 below.
d. e. Upon filing of an application for a variance to standards or criteria in Section 60.200.040E FPO –
Floodplain Overlay, the Community Development Director shall notify the applicant in writing that
construction below the flood protection elevation increases risks to life and property, and that the
issuance of a Variance to construct a structure below the flood protection elevation will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage, and the Director shall maintain a record of each such notification:
e. f. Upon filing of an application for a variance to standards or criteria in Section 60.200.040E FPO –
Floodplain Overlay the Community Development Director shall notify the Commissioner of Natural
Resources of the time, place, and subject matter of the hearing no less than ten days prior to a hearing.
Such notice shall be accompanied by such supporting information as is necessary to indicate the
nature and effect of the proposed use.
f. g. Following approval or approval with conditions of a Variance of the standards or criteria in Section
60.200.040E FPO – Floodplain Overlay, the Community Development Director shall:
1) Maintain a record of the Variance action, including the justification for its issuance, and report
such Variances issued in the annual report to the Administrator of the National Flood Insurance
Program, when requested by the Federal Emergency Management Agency; and
2) Submit a copy of the decision and its justification for issuance to the Minnesota Commissioner of
Natural Resources within 10 days of such action.
g. h. A decision by the Zoning Board of Appeals to approve, approve with conditions, or deny a Variance
shall may only be appealed to City CouncilDistrict Court.
i. A Variance and any conditions and safeguards that are made a part of the terms under which the
Variance was granted are binding upon the applicant and any subsequent purchaser, heir, or assign of the
property, and any violation of a variance or its conditions and safeguards shall be a violation of this UDC.
4. Findings Required for Variance Approval
An application for a Variance shall be approved or approved with conditions if the Zoning Board of
Appeals makes findings that the following criteria have been met:
a. The Variance is consistent with the Comprehensive Plan and in harmony with the general purposes
and intent of this UDC.
b. The applicant proposes to use the property in a reasonable manner but there are practical difficulties
in achieving that proposed use while complying with this UDC.
c. The practical difficulties are unique to the property, are not solely economic considerations, and have
not been created by the landowner. Examples of practical difficulties that are unique to the property
include but are not limited to irregularity, narrowness, or shallowness of the lot, exceptional
topographical or physical conditions, or inadequate access to direct sunlight for solar energy
systems, that are peculiar to the property that do not apply to other lands within the neighborhood or
the same class of zoning district.
d. If the requested Variance is for earth sheltered construction, the application complies with Minnesota
Stat. 216C.06, Subd. 14.
e. d. The Variance will not alter the essential character of the surrounding area, will not be materially
injurious to other property in the area, and will not be materially detrimental to public health of
welfare.
f. e. The development of the parcel in question cannot be integrated with development of adjacent lots or
parcels under the same or related ownership that would allow reasonable economic use of the total
site consistent with the provisions of this UDC.
g. f. The Variance will not allow a use otherwise not permitted within the zoning district:
h. g.The Variance does not involve a change to or exception from a numerical standard that is included in
the definition of a use (such as the maximum number of square feet in a Neighborhood Retail
establishment).
i.h. For any Variance application that involve the standards or criteria in Section 60.200.040E FPO –
Floodplain Overlay, the following additional criteria shall apply:
1) No Variance that would increase in flood levels during the base flood discharge in any
designated regulatory floodway may be approved.
2) No Variance shall have the effect of allowing in any use prohibited in that district, permit a
lower degree of flood protection than the Regulatory Flood Protection Elevation for the area, or
permit standards lower than those required by State law.
3) No Variance shall result in additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with existing local
laws or ordinances.
4) The failure to grant the Variance would result in undue hardship to the applicant, and strict
conformity with the standards would be unreasonable, impractical, and not feasible under the
circumstances.
5) The variance is consistent with the general purpose of the flood control standards and the
intent of the state and national laws and programs.
6) The Variance shall be the minimum necessary, considering the flood hazard, to afford relief.
j.i. The Board may grant a Variance to the standards in this UDC if it finds that:
1) There has been substantial and detrimental reliance in good faith by an applicant who has
received a permit or certificate issued in error by the administrative official charged with
enforcement of this ordinance, and
2) The mistaken issuance of the certificate or permit is not the result of an action on the part of the
applicant, the property owner, or any other person or party who has had control of the property,
to provide misleading or incorrect information, or to knowingly withhold information necessary
for the administrative official to accurately review the permit or certificate request.
k. In granting a Variance, the Board may impose such reasonable and appropriate conditions and
safeguards as may be necessary to accomplish the purposes of the regulations that are to be modified
and to reduce or minimize potentially injurious effects of the Variance upon adjoining properties, the
character of the neighborhood, and the health, safety, or general welfare of the community, provided
that any such conditions are directly related to and roughly proportional to the impact of the Variance.
Section 56. Subsection (2) of Subparagraphs (a) of Paragraph 4 of Clause I of Section 60.500.080
relating to Nonconforming Parking of the Unified Development Code is amended as follows:
2) Any request to increase the gross floor area of the primary structure on the site that would require
an increase in parking of more than 50 percent or more of the total number of parking spaces
normally required, as described in Table 400.08-1Table 400.08-1, Minimum and Maximum Vehicle
Parking Required, shall be required to provide all required parking, thus bringing the site into
conformity with the provisions of this UDC
Section 57. Clause J of Section 60.500.080 relating to Nonconforming Signs of the Unified Development
Code is amended as follows:
J. Nonconforming Signs
1. Authority to Continue
a. Legally constructed billboards and other signs that were lawfully erected, but no longer complies with
current regulations, are nonconforming signs and may continue, subject to the regulations of this
Section 60.500.080J.
b. Any billboard or sign in an annexed area that had been legally established at the time of Annexation
of Land shall be permitted to continue, and shall be treated as a legal nonconforming sign.
c. Any billboards or signs in annexed areas that were not legally established are not authorized to
continue. Such billboards and signs are illegal and must be removed immediately upon notice to the
sign owner.
d. When the use of any nonconforming sign has been discontinued for a period of one year, regardless
of any intent to resume or not to abandon such use, that sign shall be presumed to be abandoned
and shall not thereafter be reestablished except in full compliance with this Section 60.500.080J.
2. Repair and Maintenance
The maintenance and minor repair of a nonconforming billboard or sign is permitted.
3. Modification of Nonconforming Sign
a. Nonconforming billboards or signs may only be moved to a conforming location.
No nonconforming billboard or sign may be moved in whole or in part to any other location where it
would remain nonconforming.
a.b. A new nonconforming billboard shall only be erected in compliance with the
City’s Sign Credit program.
1) Erection of a new billboard requires the removal of an equivalent amount of sign area from an
existing, nonconforming billboard. In the case of a billboard
with two faces, only the area removed from one face of the sign shall receive a sign
credit.count towards the area permitted on a new billboard.
2) Removal of sign area generates a sign credit, valid for two years from date of removal of
the nonconforming billboard.issuance.
Sign credits are issued by the Community Development Director.Expired sign credits shall
not be restored.
2) 3) A sign permit for the new billboard using the sign credit must be submitted for review by
the Community Development Director prior to the expiration of the sign credits.
3) 4) A sign credit may only be used in a location that meets all standards of this UDC, including
but not limited to Section 60.400.110 Signs.
5) Credits may be transferred between parties.
a.c. When a billboard sign permit application satisfies all provisions of the zoning ordinance, except
the minimum distance between billboards, the Community Development Director shall issue a
letter indicating preliminary approval of the sign permit, pending removal of the nearby, existing
billboard. This letter shall reserve the location of the proposed billboard and prevent
encroachment by other billboards, for a period of 120 calendar days. The zoning certificate shall
not be issued until the existing, nearby billboard and supporting structure are completely
removed from the property. Reasonable extensions may be provided due to poor weather
conditions or other extenuating circumstances.
4. Removal of Nonconforming Signs by Public Entity
a. If a nonconforming billboard is removed as a result of condemnation initiated by the City, the sign
owner shall be entitled to financial compensation or a sign credit, but not both.
b. The City retains the right to determine whether the sign owner shall be offered choice between a
sign credit and financial compensation, or only be offered financial compensation.
c. If a nonconforming billboard is removed by a public entity other than the City, the sign owner will
not be entitled to a sign credit.
5. Damage to Nonconforming Sign
a. Any nonconforming billboard that requires maintenance or repair equal to or greater than 50
percent of the market value of the sign shall obtain a permit for repair within six months of when
the damage occurs, or the sign shall be required to be removed or brought into compliance with
the requirements of Section 60.400.110 Signs.
b. A damaged sign that has not obtained a permit for repair within the specified timeframe must be
removed within 60 days of the date of receipt of removal notice from the Community
Development Director.
Section 58. The following Definitions of Section 60.600.030 of the Unified Development Code is
amended as follows:
FLOOD PROTECTION ELEVATION
The flood protection elevation is an elevation no lower than two feetone foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a
floodway. In Zone AO, the flood protection elevation is established by adding two feetone foot above the depth
number specified in feet on the FIRM to the highest adjacent grade at the structure’s proposed location on the ground
HOUSEHOLD LIVING USE
Those residential uses listed in Tables 300.012-1 400.08-1 as Household Living Uses
LINK
Any street segment located between two nodes, or any existing street stubbed into a proposed subdivision that allows
for future connection
NODE
The intersection of any three or more streets, or a cul-de-sac point. Streets with bends, or corners with bulbs do not constitute a
node.
PUBLIC FACILITY
A public development, not otherwise defined within the Unified Development Code, designed to meet the physical
needs of the surrounding area.
REPETIVE LOSS
Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the
cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of
the structure before the damage occurred.
SENSITIVE LANDS
Land that features significant and/or fragile environmental qualities like wetlands, threatened or
endangered species, wildlife habitat, unstable or potentially unstable slopes, expansive soils, stands of
mature trees, other significant natural features, as well as properties that are subject to periodic inundation,
subsidence of the earth’s surface, high water table, or have difficult topography, unstable soils, wetlands,
or other natural or human-created hazards to life or property, as determined by the City Engineer.
Section 59. This ordinance shall become effective from and after its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF , 2023.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2023.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/UDC.Amendments.2023.docx