HomeMy WebLinkAboutOrdinance No. 4554 - Ordinance Unified Developement Code.Amendments.2024
ORDINANCE NO.
AN ORDINANCE AMENDING SUBSECTION 2 OF SUBPARAGRAPH (f) OF
PARAGRAPH 3 OF CLAUSE L OF SECTION 60.200.030, SUBPARAGRAPH (c) OF
PARAGRAPH 8 OF CLAUSE C OF SECTION 60.200.040, TABLE 300.01-1 OF
PARAGRAPH 3 OF CLAUSE D OF SECTION 60.300.010, PARAGRAPH 19
OF CLAUSE D OF SECTION 60.300.020, PARAGRAPH 6 OF CLAUSE E OF
SECTION 60.300.020, PARAGRAPH 3 OF CLAUSE F OF SECTION
60.400.020, PARAGRAPH 9 OF CLAUSE D OF SECTION 60.400.040, CLAUSE
3 OF SECTION 60.400.060, CLAUSE F OF SECTION 60.400.080, PARAGRAPH
11 OF CLAUSE J OF SECTION 60.400.080, TABLE 500-01-1 OF CLAUSE B,
SUBPARAGRAPH (e) OF PARAGRAPH 2 OF CLAUSE B OF SECTION
60.500.020, SUBPARTS (c ) and (d) OF SUBSECTION (1) OF
SUBPARAGRAPH (b) OF PARAGRAPH 1 OF CLAUSE D OF SECTION
60.500.030, TABLE 500.03-2 OF SUBPARAGRAPH (b) OF PARAGRAPH 3 OF
CLAUSE F OF SECTION 60.500.030, PARAGRAPH 3 OF CLAUSE G OF
SECTION 60.500.040, SUBPARAGRAPH (b) OF PARAGRAPH 3 OF CLAUSE
H OF SECTION 60.500.040, PARAGRAPH 1 OF CLAUSE K OF SECTION
60.500.040, PARAGRPH 1 OF CLAUSE B OF SECTION 60.500.050,
PARAGRAPH 5 OF CLAUSE D OF SECTION 60.500.050, SUBPARAGRAPH (b)
OF PARAGRAPH 2 OF CLAUSE J OF SECTION 60.500.060, TABLE 500-07-1
OF PARAGRAPH 4 OF CLAUSE A OF SECTION 60.500.070, TABLE 500.07-2
OF PARAGRAPH 3 OF CLAUSE B OF SECTION 60.500.070, AND VARIOUS
DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Subsection 2 of Subparagraph (f) of paragraph 3 of Clause L of Section
60.200.030 relating to Base Districts - MX-T Transit Oriented Development of the Unified
Development Code is amended as follows:
f. Sidewalks, Pedestrian Circulation, and Vehicular Connectivity
1) The internal vehicular, bicycle, and pedestrian circulation systems ("circulation systems") of
each development shall be designed to allow vehicular, bicycle, and pedestrian cross-access
between the circulation systems of the proposed development and the circulation systems of
existing or allowable future development on adjoining lots. The Director may adjust or waive this
requirement if the Director determines that it is unlikely that the cross-access provisions will be
available on the adjoining lot within a reasonable period of time.
2) Sidewalks shall be provided on both sides of the street, and shall comply with the following
standards:
(a) On property fronting N. or S. Broadway, SW. 2nd. St, or SE. 4th St./Collegeview Dr. SE,
thrd
12 St. SE, or 3 Ave. SE, sidewalks shall be a minimum of 10 feet in width, and a planting
strip at least five feet in width shall be located between the sidewalk and the street.
(b)(a) On property fronting any street other those listed in Subsection (a) above,
sidewalksProperties shall provide sidewalks be a minimum of seven eight feet in width,
and a planting strip at least fourive feet in width shall be located between the sidewalk
and the street.
(c)(b) At least one walkway shall be provided from an adjacent sidewalk to each building
entrance.
(d)(c) Where a sidewalk, trail, or other walkway crosses a street, driveway, drive aisle, or
parking lot, the crossing shall be clearly marked with a change in paving material, color,
or height, decorative bollards, or similar elements.
Section 2. Subparagraph (c) of Paragraph 8 of Clause C of Section 60.200.040 relating
to Overlay Districts – Heritage Preservation Overly of the Unified Development Code is amended as
follows:
8. Standards of Treatment for Designated Landmark Properties
c. Character Defining Elements
Character defining elements of designated landmark, including those that may not be original
but have acquired significance by virtue of age or craftsmanship, shall be restored, maintained,
and/or preserved. Such alterations may be approved as part of a Rehabilitation project, by the
Heritage Preservation Commission or the City Council, as a Major Alteration under Section
60.500.050B.
Section 3. Table 300.01-1 of Paragraph 3 of Clause D of Section 60.300.010 relating
to Introduction Allowed Uses Table – Relating to Local, State, or Federal Laws of the Unified
Development Code is 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 T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
use;
Non-
Residential and
Mixed Use
Residen-
Agricultural
tial
Zoning districts
TD
--
and
subdistricts
MXMX
Use-Specific
(where
Standards
applicable)
NSCGI
-----
122x34
Q.
-----
_l w
CD
AGRRRRRMXMXMXMXMXCorridorNodeVillageFringeMedialBusiness
Social Services
P P* P* P* P* S* S S S S S S S S S S S Section
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
P* P*
Campgrounds or Section
RV Park 60.300.020D.8
Indoor
Section
P* P* S* S* S S S S S S S S S S S S
Entertainment or
60.300.020D.12
Recreation
Indoor Gun Section
C* C* C*
Range 60.300.020D.13
Outdoor
Section
P* P* S* S* P* P S S S S S S*
Entertainment or
60.300.020D.18
Recreation
Food, Beverage, and Lodging
Bar or Tavern
Section
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
Fast Food Section
P* P* S* S S S S S S S S S S S S
Restaurant 60.300.020D.10
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 T = temporary permit; Blank cell = prohibited; Uses with an * = use-specific standards apply
use;
Non-
Residential and
Mixed Use
Residen-
Agricultural
tial
Zoning districts
TD
--
and
subdistricts
MXMX
Use-Specific
(where
Standards
applicable)
NSCGI
-----
122x34
Q.
-----
_l w
CD
AGRRRRRMXMXMXMXMXCorridorNodeVillageFringeMedialBusiness
Automotive
P S P S S
Repair Services,
Major
Fueling Station P* S* S* A* S S* S*
Section
60.300.020D.11
P S* P P S* S*
Motor Freight and Section
Warehousing 60.300.020D.14
Motor Vehicle
Section
S S* S* S* S
Sales, Leasing or
60.300.020D.15
Storage
Parking Garage A* A* A* S* C* C* S* C* C* C* A* A* A*
Section
60.300.020D.19
Section
Parking Lot A A* A* A* A* A* A* A* S S S C* C* S* I I I S S S
60.300.020D.20
Public
S P P P S P P S S S
Transportation
Dispatch Facility
S
Railroad
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
Heavy Industry S*
Section
60.300.020E.1
Light Industry P S S S
Recycling
S S S P S S
Transfer Facility
Repair and
Section
P* S* S* S* S* S* S* S* S S S
Maintenance
60.300.020E.4
Shop
Section 4. Paragraph 19 of Clause D of Section 60.300.020 relating to Use-Specific
Standards Commercial Usesof the Unified Development Code is amended as follows:
19. Parking Garage
a. Compliance with Development Standards
In addition to the parking standards in Section 60.400.070F.5, Iconic Building
Alternatives, parking lots shall comply with the following requirements as applicable.
b. General Requirements
1) Façade openings that face any public right-of-way or publicly accessible open
space shall be vertically and horizontally aligned and all floors fronting on such
façades shall be level.
2) Parking structures shall be designed to conceal the view of all parked cars below
hood level, and to conceal internal light sources, from adjacent public rights-of-
way and publicly accessibly open space.
3) The ground floor of each parking structure façade facing a public or private street
Independent, primary use parking garages shall be designed with a minimum floor
to ceiling height of 13 feet, and with no driving aisle located within 1820 feet of
the street facing façade (except for required vehicle entryways) to allow those
ground floor frontages to be used or converted to non-parking uses permitted in
the zone district in the future.
c. Additional Standards for the MX-T District
No primary use parking garage unrelated to a park and ride location shall be located
within the MX-T district, except in the MX-T Village subdistrict. In park and ride
locations designated by the City:
1) The street-facing façade of thean independent, primary use parking garage shall
have a minimum floor-to-ceiling height of 13 feet for a depth of at least 30 feet
from the street to allow for conversion to a non-parking use in the future.
2) The façade of a parking structure facing a street shall comply with the design
standards in Section 60.400.070F.5, Iconic Building Alternatives.
Section 5. Paragraph 6 of Clause E of Section 60.300.020 relating to Use-Specific
Standards - Industrial Uses of the Unified Development Code is amended as follows:
6. Self Service Storage Facility
a. Standards in Agricultural and Residential Districts
1) No Self-Service Storage Facility shall be used for any commercial activity (including for
hire transfer and storage operations), repair and maintenance activity, or any industrial
operations.
2) Storage of flammable liquids or combustible, corrosive, explosive, radioactive, or other
and hazardous materials is prohibited.
3) Exterior areas for the storage of recreational vehicles are permitted.
4) This use shall only be approved in an Agricultural and Residential District if:
(a) There are natural buffers separating the site from surrounding residential uses that
will be retained as part of the site development, or
(b) The property abuts an existing Non-Residential district, and natural features of the
site, such as shallow bedrock or poor subsoil conditions, make the development of
residential uses on the site economically unfeasible.
b.a. Standards in Mixed Use and Non-Residential Districts
1) Drive aisles between structures must be a minimum of 18 feet between the nearest
points of buildings.
2) In addition to the main access one emergency access must be provided on the site. The
emergency access must consist of a gate and drive over curb.
3) Where access to the facility is provided by a card reader or otherwise controlled two
stacking spaces must be provided between the card reader and the lot line.
4) A minimum setback of 10 feet from the nearest point of the building to the lot line is
required to allow for emergency vehicle access.
5) Accessory uses permitted include only outdoor vehicle storage and resident manager
dwelling.
6) Storage of flammable liquids or combustible, corrosive, explosive, radioactive, or other
and hazardous materials is prohibited.
7) If the facility is located in the MX-G or MX-D districts all storage shall be contained within
a fully enclosed structure that:
(a) Is at least a two-story structure with climate-controlled storage units on upper floors
only with access doors to storage units accessed from interior hallways; and
(b) Does not have any garage doors or access doors to any storage unit facing any public
street, park, or open space, unless the doors are screened from all visible public
streets, parks, and open spaces.
Section 6. Paragraph 3 of Clause F of Section 60.400.020 relating to Dimension Standards
- Neighborhood Protection Standards of the Unified Development Code is amended as follows:
3. Building Setbacks
Along their common property line, the minimum side or rear building setback on each
Regulated Lot shall be 205 feet.
Section 7. Subparagraph d of Paragraph 2 of Clause E of Section 60.400.030 relating
to Subdivision Standards - Adequate Public Facilities of the Unified Development Code is hereby created to
follows:
c.d. Prior to issuance of Utility Connection Permits, mylars associated with the subdivision or
consolidation of lots must be recorded with addresses assigned and PIN #s generated.
Section 8. Table 400.04-1 of Paragraph 5 of Clause D of Section 60.400.040 relating
to Access and Connectivity – Site Level Driveways, Access and Connectivity is amended as
follows:
Table 400.04-1 Access Spacing Standards
Minimum Separation
Minimum Separation
Road Classification \[1\]
Between Driveways and
Between Driveways \[2\]
Intersection Streets \[3\]
Residential Local and Local Collector
Streets with (projected traffic <3,000 8 feet 35 feet
ADT.)
Non-residential Other Local and Local
Collector Streets, And One-Way
Frontage Streets, and Residential Local
and Local Collector Streets with 60 feet 75 feet
(projected traffic >3,000 ADT and <6,000
ADT).
Collector and Frontage Roads (projected 125 feet 150 feet
traffic >6,000 ADT)
Arterial (projected traffic <15,000 ADT) 400 feet 480 feet
Expressway and Arterial (projected 1000 feet 1200 feet
traffic >15,000 ADT) \[4\]
NOTES
\[1\] Roadway types refer to anticipated cross sections based on and defined by the Long Range
Transportation Plan and Comprehensive Plan Street Classification Map. All traffic volumes refer to the
functional classification and street design volumes.
\[2\] Access separation between driveways shall be measured from edge to edge.
\[3\] Access separation between a driveway and intersecting street shall be measured from the centerline
of the driveway and the nearest point of curvature of the intersecting street.
\[4\] May require installation of turn lanes.
Section 9. Paragraph 9 of Clause D of Section 60.400.040 relating to Access and
Connectivity - Site Level Driveways, Access and Connectivity of the Unified Development Code is amended
as follows:
9. Driveway Design Standards
A driveway approach permit for any Non-Residential or Multifamily use may be approved if the City
Engineer determines that the permit will allow reasonable access to the property and that all of the
following standards have been met to the maximum extent practicable:
a. A driveway approach permit for any Non-Residential or Multifamily use may be approved if the
City Engineer determines that the permit will allow reasonable access to the property and that
all of the following standards have been met to the maximum extent practicable:
1) Adequate corner clearance from any adjacent street intersections has been
provided to preserve the functional integrity of the intersection, and spacing from adjacent
driveways is sufficient to safely minimize conflicts between traffic entering and exiting
adjacent driveways;
2) Adequate stopping sight distance and intersection sight distance is provided;
3) Auxiliary lanes are provided as needed to:
(a) Minimize speed differentials with mainline highway traffic;
(b) Prevent the encroachment of turning vehicles on mainline traffic; and
(c) Prevent the queuing of inbound traffic from impacting mainline traffic.
4) Sufficient vehicular stacking distance between the curb line and the first point of conflict
for traffic on the site is provided to prevent the spill back of traffic onto public street. This
distance shall be a minimum of 25 feet, adequate to absorb the maximum peak period
inbound traffic during the normal weekday;
Section 10. Clause E of Section 60.400.060 relating to Landscaping, Bufferyards, and
Fences 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.
2.3. Barbed wire and energized fences are not permitted in any residential or mixed-
use zoning district.
3.4. In all residential districts, fences and walls located between the front of the primary building
and the front lot line shall not exceed 36 inches in height.
4.5. In all residential districts, fences and walls located between the front of the primary building
and the front lot line shall not be constructed of chain link.
5.6. 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.
6.7. No fence, wall, or hedge shall be placed closer than 10 feet to the intersection of driveway
with any right-of-way used for vehicular or pedestrian traffic including alleys.
7.8. 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.
8.9. 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.
9. 10. All fences, walls, and hedges shall meet all applicable clearance requirements of the
National Electric Safety Code.
Section 11. Clause F of Section 60.400.080 relating to Parking, Loading and Stacking –
Minimum Parking Standards of the Unified Development Code is amended as follows:
F. Minimum Parking Adjustments
1. General
a. Unless stated otherwise in this Section 60.400.080F, the required off-street parking
spaces required by Table 400.08-1, Minimum and Maximum Vehicle Parking Required,
shall be adjusted in accordance with this Section 60.400.080F.
b. Regardless of which adjustments in this Section are applied, required off-street parking
spaces for Residential uses, as shown in Table 300.01-1 Allowed Uses Table, shall not
be reduced by more than 20 percent of the minimum amount required by Table 400.08-
1, Minimum and Maximum Vehicle Parking Required.
c. Regardless of which adjustments in this Section are applied, required off-street parking
spaces for any land uses not listed as residential land uses in Table 300.01-1 Allowed
Uses Table shall not be reduced by more than 40 percent of the minimum amount
required by Table 400.08-1, Minimum and Maximum Vehicle Parking Required.
d.b. All listed adjustments may be approved administratively, except for adjustments based
on a TDM Plan, which shall be reviewed by, and may be approved by, the Planning
Commission.
Section 12 Paragraph 11 of Clause J of Section 60.400.080 relating to Parking,
Loading, and Stacking - Design and Location of Vehicle Parking of the Unified Development Code
is amended as follows:
11 Parking Garage Design Requirements
The following additional design standards apply to Parking Garages in all districts.
a. Height and Depth Requirements
In order to allow for possible future conversion to non-parking uses, street facing ground floor
frontages of independent, primary use Parking Garages shall have a minimum height of 12 feet
and shall be designed so that a minimum horizontal distance of 22 feet from each street-facing
façade is not occupied by structural columns or driving aisles required to access parking spaces.
b. Upper Floor Screening
Street-facing façades above the ground floor of a Parking Garage shall screen vehicles by
partial walls, windows, or other screening devices constructed of similar building materials as
the primary structure and not less than three feet in height so that lower portions of vehicles are
not visible from adjacent public streets.
Section 13. Table 500.01-1 of Clause B of Section 60.500.010 relating to Introduction
and Summary Table of Review Procedures - Purpose is amended as follows:
Table 500.01-1 Summary Table of Review Procedures
Y = Yes R = Review D Decision A = Appea l \[ \] = Public Hearing
Public Review and Decision-Making
PreSubmittal
Notice Bodies
UDC Section
Procedure
Development
-
PublishedMailedPostedNeighborhoodInformation MeetingPreMeetingCommunityDevelopment DirectorPlanningCommissionHeritage Preservation CommissionZoning Board of AppealsCity Council
Major Decision by City Council
Comprehensive Plan and/or
Section
Y Y \[7\] Y R \[R\] \[D\]
Land Use Plan Adoption or
60.500.040A
Amendment
Growth Management Map
Section
Y Y Y Y R \[R\] \[D\]
Amendment
60.500.040B
Annexation of Land Section
Y Y \[8\] Y Y Y R \[R\] \[D\]
60.500.040B
.4.a
UDC Text Amendment
Section
Y Y R \[R\] R\[1\] \[D\]
60.500.040D
Rezoning (Official Zoning Section
Y Y Y Y Y R \[R\]\[2 1\] R\[2\] \[D\]
Map Amendment) 60.500.040E
Designation or Removal of
Section
Landmark Property or Y Y Y Y \[6\] Y R \[R\] \[D\]
60.500.040F
Landmark District
Section 14. Subparagraph (e ) of Paragraph 2 of Clause B of Section 60.500.020 relating to Review
and Decision-making Bodies – Community Developement of the Unified Development Code is amended as
follows:
e. The Community Development Director is responsible for making interpretations of the boundaries of
the Official Zoning Map, and use interpretations, of this UDC, or any provisions or requirement within
this Ordinancerule issued pursuant to it. An individual requesting an interpretation shall submit the
request in writing to the Community Development Director.
1) Zoning district boundary interpretations shall be evaluated under to Section 60.200.020B,
Boundary Interpretation.
2) Use interpretations shall be evaluated under Section 60.300.010C, Unlisted Uses and
Structures.
Section 15. Subparts (c) and (d) of Subsection (1) of Subparagraph (b) of Paragraph 1 of
Claude D of Section 60.500.030 relating to Common Procedures – Application Submittal and Processing of
the Unified Development Code is amended as follows:
(c) Rezoning Traffic Analysis
(i) A Rezoning Traffic Analysis is required for certain Rezoning and Land Use Plan
Amendment requests. The purpose of the analysis is to evaluate whether adequate
transportation capacity exists or will be available within a reasonable time period to
safely and conveniently accommodate the proposed uses allowed by the requested
land use or zoning classification. This requirement applies to:
a. A proposed rezoning that could generate 100 or more directional trips during the
peak hour or at least 1000 more trips per day than the most intensive use that could
be developed under existing zoning; or
b. A proposed rezoning on a site located along, or which has the potential to take
access within 500 feet of a corridor identified as a freeway or expressway on the
Thoroughfare Plan; or
c. A proposed amendment to the Land Use Plan involving more than one acre which
would permit uses generating higher traffic than the existing Land Use Plan
designation; or
d. Proposed development for a site of three-and-a-half acres or larger that is zoned
MX-G, LI or SI.
e. A proposed rezoning to the BP zoning district consisting of seven or more acres.
(ii) The acceptability of the analysis shall be determined through the application review
process.
(d) Traffic Impact Report
(1) A Traffic Impact Report shall be required for a Conditional Use Permit, Major or Minor
Land Subdivision Permit, General Development Plan approval, Site Development Plan
approval, Zoning District Amendment, or Land Use Plan Amendment, where the
application involves any of the following, unless the application is required to complete
a Rezoning Traffic Analysis pursuant to Subsection (a) above, or unless that
requirement is waived or modified pursuant to this UDC:
a. A land use type that has an average trip generation rate of 125 trips per acre per
day or greater, according to most current versions of the ITE Trip Generation
Informational Report or comparable research data published by a public agency
or institution, and which will generate, based on the size of the development, 750
or more average daily trips; or
b. A development that may concentrates 1,500 or more average daily trips through
a single access point; or
c. A development that uses an at-grade access opening onto an existing or
proposed Strategic Arterialfreeway or expressway as indicated on the adopted
Thoroughfare Plan.
d. A property zoned MX-G, LI, or SI consisting of 3.6 acres or more.
e. A property zoned BP consisting of seven or more acres.
Section 16 Table 500.03-2 of Subparagraph (b) of Paragraph 3 of Clause F of Section
60.500.030 relating to Common Procedures – Post-Decision Actions and Limitations of Unified
Development Code is amended as follows:
Table 500.03-2: Expiration of Approvals
Type of Approval Length of Validity
Final Plat
1 year to record, following City Council
Approval2 years after approval,
following recording
Floodplain Development Permit 1 year
General Development Plan 2 years
Grading Permit 2 years
Interim Use Permit 1 year
Lot Line Readjustment 180 days
Final Plat must be submitted within 1
Major Land Subdivision Permit
year after approval of Permit
Official Street Map Adoption None
Public Street Vacation None
Rental Housing Certificate 2 years
Rezoning (Official Zoning Map Amendment) None
Sign Credit 2 years
Sign Permit 180 days
Site Development Plan 1 year
Temporary Permit 90 days
UDC Text Amendment None
Distinctive Development 1 year
Variance None
180 days
Zoning Certificate
NOTES
\[1\] Construction or use pursuant to the approval must be initiated within this timeframe.
Section 17. Paragraph 3 of Clause G of Section 60.500.040 relating to Major
Decisions by City Council - Major Land Subdivision Permit of the Unified Development
Code is amended as follows:
3. Procedure for Major Land Subdivision Permit Approval
Applications for a Major Land Subdivision Permit shall comply with all
applicable requirements of Section 60.500.030 Common Procedures
unless modified or supplemented by this Section 60.500.040G. If a
General Development Plan is required pursuant to Section 60.500.060B,
the General Development Plan shall have been approved by City Council
prior to or concurrently with action on the application for Major Land
Permit.
Section 18. Subparagraph (b) of Paragraph 3 of Clause H of Section
60.500.040 relating to Major Decisions by City Council - Final Plat of the Unified
Development Code is amended as follows:
b. The City Council Community Development Director shall approve,
approve with conditions, or deny an application for a Final Plat approval
based on the criteria in Subsection 4 below.
Section 19. Paragraph 1 of Clause K of Section 60.500.040 relating to Major
Decision by City Council - Public Easement Vacation of the Unified Development Code
is amended as follows:
1. Purpose
The purpose of this Section 60.500.040JK is to clarify the process for
vacating dedicated public easements.
Section 20. Paragraph 1 of Clause B of Section 60.500.050 relating to Decision
that Require a Hearing by a Designated Authority - Certificate of Appropriateness –
Major Alteration of the Unified Development Code is amended as follows:
B. Certificate of Appropriateness – Major Alteration
1. Purpose
The Certificate of Appropriateness – Major Alteration process is
intended to ensure that any proposed major alterations to a designated
landmark property, including contributing properties within a landmark
district, comply with all applicable provisions of the HPO – Historic
Preservation Overlay in Section 60.200.040C and with all other
provisions of this UDC and City regulations designed to protect
properties historically significant to the community.
Section 21. Paragraph 5 of Clause D of Section 60.500.050 relating to
Decisions That Require a Hearing by a Designated Authority – Property Placement on
Historic Inventory of the Unified Development Code is amended as follows:
5 Criteria for placement or removal of a property to the inventory
Criteria from Section 60.200.040C.54D shall be used by the HPC to
determine adding a property or removing one from the inventory.
Section 22. Subparagraph (b) of Paragraph 2 of Clause J of Section 60.500.060
relating to Development Approvals by Community Development Director - Lot Line
Readjustment of the Unified Development Code is amended as follows:
b. A single re-subdivision and rearrangement of a single parcel or group of
parcels in an R-1 or
R-2 district that creates no more than one additional lot or parcel, and that
does not remove any existing parcels, where the dedication of a street or
easement to provide additional access is not required. This process may
be used only once for each parcel of land.
Section 23. Table 500.07-1 of Paragraph 4 of Clause A of Section 60.500.070
relating to Flexibility and Relief - Minor Modification of 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 (Primary Structures) 5 ft.
All other (Primary Structures) 10 ft.
Building length (maximum) 10%
Development Standards
Landscape area reduction \[1\] 20%
Bufferyards (minimum width) 10%
Usable recreation area reduction 20%
Sign area (Table 400.11-1) 10%
Sign height (Table 400.11-1) 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 24. Table 500.07-2 of Paragraph 3 of Clause B of Section 60.500.070
relating to Flexibility and Relief – Major Modification - Standards Subject to Major
Modification is amended as follows:
Table 500.07-2 Standards Subject to Major Modification
Potential Maximum
Code Standard
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 (Primary Structure) 10 ft.
All other (Primary Structure) 15 ft.
Building length (maximum) 20%
Development Standards
To the extent determined
necessary to facilitate
infill, redevelopment, or
Neighborhood Protection Standards 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 (Table 400.11-1) 15%
Sign height (Table 400.11-1) 5 ft.
Section 25. The following Definitions of Section 60.600.030 of the Unified
Development Code is amended as follows:
AIR TRANSPORTATION
Establishments engaged in domestic, emergency, or foreign transportation of
passengers or goods by air, including airports, flying fields, rotorcraft terminals, as well
as any associated terminal facilities.
SCHOOL
A public or private institution for learning with a pre-school, kindergarten, elementary
or secondary curriculum with buildings, equipment, courses of study, class schedules,
enrollment of pupils and staff meeting the standards established by the state. school
as defined in Minn. Stat. Ch. 120.05, or a nonpublic school as defined in Minn. Stat.
Ch. 123.932.
Section 26. 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 _______________, 2025.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2025.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/UDC.Amendments.2024.docx