HomeMy WebLinkAboutOrdinance No. 4577 - Ordinance: UDC Text Amendments
ORDINANCE NO.
AN ORDINANCE AMENDING TABLE 200.03-8 OF PARAGRAPH 2 OF CLAUSE
H OF SECTION 60.200.030, SUBPARAGRAPH (b) OF PARAGRAPH 23 OF
CLAUSE D OF SECTION 60.300.020, SUBPARAGRAPH (b) OF PARAGRAPH
24 OF CLAUSE D OF SECTION 60.300.020, SUBPARAGRAPH (b) OF
PARAGRAPH 25 OF CLAUSE D OF SECTION 60.300.020, SUBPARAGRAPH
(b) OF PARAGRAPH 26 OF CLAUSE D OF SECTION 60.300.020, TABLE
300.01-1 OF PARAGRAPH 3 OF CLAUSE D OF SECION 60.300.010,
SUBPARAGRAPH (c) and (d) OF PARAGRAPH 1 OF CLAUSE F OF SECTION
60.300.020, CLAUSE E AND TABLE 400.08-1 OF CLAUSE E OF SECTION
60.400.080, PARAGRAPH 10 OF CLAUSE J OF SECTION 60.400.080,
SUBSECTION 11 OF SUBPARAGRAPH C OF PARAGRAPH 2 OF CLAUSE B
OF SECTION 60.500.030, AND VARIOUS DEFINITIONS OF THE UNIFIED
DEVELOPMENT CODE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Table 200.03-8 of Paragraph 2 of Clause H of Section 60.200.030 relating to
Dimensional Standards of the Unified Development Code is amended as follows:
2. Dimensional Standards
Table 200.03-8 MX-S Lot and Building Standards
Lot Dimensions (Minimum)
Lot Area None
Lot Width None
Building Setbacks (Minimum or Maximum, in feet)
A Front None to 15 (maximum)
B Interior Side None
Street Side 7
Minimum Sum of Interior Side
Yards None
C Rear None
Building/Structure Height (Maximum in feet)
D Primary Structure 536
Accessory Structure 15 \[1\]
NOTES
\[1\] 24 feet for Accessory Dwelling Units.
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Section 2. Subparagraph (b) of Paragraph 23 of Clause D of Section 60.300.020 relating to
Use-Specific Standards of the Unified Development Code is amended as follows:
b. Separation Requirements
Neighborhood retail uses selling off sale liquor or cannabis shall not be located on a parcel
that is zoned residential, that is closer than 1,000 feet to the nearest public school parcel, 500 feet to the
nearest day care and residential treatment facility public park parcel, or 500 ft to an attraction within a
public park regularly used by minors, including a playground or ballfield similar use that is regularly used
by minors.
Section 3. Subparagraph (b) of Paragraph 24 of Clause D of Section 60.300.020 relating to
Use-Specific Standards of the Unified Development Code is amended as follows:
b. Separation Requirements
Small retail uses selling off sale liquor or cannabis shall not be located on a parcel that is zoned
residential, that is closer than 1,000 feet to the nearest public school parcel, 500 feet to the
nearest day care and residential treatment facility, public park parcel, or 500 ft to an attraction
within a public park that is regularly used by minors, including a playground or ballfield similar
use that is regularly used by minors.
Section 4. Subparagraph (b) of Paragraph 25 of Clause D of Section 60.300.020 relating to
Use-Specific Standards of the Unified Development Code is amended as follows:
b. Separation Requirements
Small retail uses selling off sale liquor or cannabis shall not be located on a parcel that is zoned
residential, closer than 1,000 feet to the nearest public school parcel, 500 feet to the nearest day
care and residential treatment facility, public park parcel, or 500 ft to an attraction within a public
park that is regularly used by minors, including a playground or ballfield similar use that is
regularly used by minors.
Section 5. Subparagraph (b) of Paragraph 26 of Clause D of Section 60.300.020 relating to
Use-Specific Standards of the Unified Development Code is amended as follows:
b. Separation Requirements
Small retail uses selling off sale liquor or cannabis shall not be located on a parcel that is zoned
residential, closer than 1,000 feet to the nearest public school parcel, 500 feet to the nearest day
care and residential treatment facility, public park parcel, or 500 ft to an attraction within a public
park regularly used by minors, including a playground or ballfield similar use that is regularly
used by minors.
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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:
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Section 7. Subparagraphs (c ) and (d) of Paragraph 1 of Clause F of Section 60.300.020 relating to
Use Specified Standards of the Unified Development Code is amended as follows:
c. Maximum Height
1) Co-locations on any existing unconcealed CWTS tower or existing structure: 75 feet.
2) Freestanding CWTS: 65 feet in Residential zoning districts; 75 in Commercial,
Industrial, and Agricultural zoning districts.
3) Subject to City Council approval, an additional 50 feet in height may be permitted if the
applicant can demonstrate the following:
(a) Functional coverage cannot be provided through co-location;
(b) Functional coverage cannot be provided at a lower height; and
2)(c ) Functional coverage cannot be provided in a non-residential zoning district, if
applicable.
3) 4) Stealth Facilities on Existing Structures: No taller than the existing structure, unless
fully screened from view from all streets abutting the property, in which case the CWTS
may exceed the existing structure height by 10 feet.
d. Location and Separation of Freestanding CWTS
1) A freestanding CWTS is prohibited in the following locations:
(a) Within 100 feet of the property line of any Residential zone district.
(b) Within 50 feet of an existing right-of-way.
(c ) Within any setback required by the underlying zone district.
2) New freestanding CWTS shall be located a minimum of 1,000 feet from any other
freestanding CWTS, as measured from the wall or fence of each freestanding CWTS.
This requirement does not apply to a freestanding small-cell CWTS.
3) New freestanding CWTS shall be structurally designed to accommodate both the
applicant’s antenna and at least one (1) additional user.
4) No new freestanding CWTS shall be allowed unless the Community Development
Director determines, upon the applicant’s demonstration, that no existing tower,
structure, or public utility structure can be used in lieu of new construction to
accommodate the applicant’s proposed CWTS. Evidence that demonstrates that co-
location or public utility co-location cannot be used in lieu of new construction to
reasonably accommodate the proposed CWTS shall consist of an affidavit with
supporting exhibits submitted by the applicant addressing all of the following:
(a) That no existing tower, structure, or public utility structure within a ½ mile radius
meets the minimum engineering requirements and/or lacks available space to support
the proposed CWTS.
(b) That co-location or public utility co-location of the proposed CWTS would cause
unavoidable electromagnetic interference with the antenna(s) on the existing towers,
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structures or public utility structures, or the antenna(s) on the existing towers, structures,
or public utility structures would cause interference with the applicant’s proposed CWTS.
(c )That there are other limiting factors that render existing towers, structures, or public
utility structures within the ½ mile radius unsuitable.
(d)That the owners of existing towers, structures, or public utility structures within the ½
mile radius will not allow the applicant to place its CWTS on that facility, or such owners
are requiring payments for such placement that substantially exceed commercially
reasonable prices.
Section 8. Clause E and 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:
E. Minimum and Maximum Vehicle Parking Required
Unless otherwise provided in this UDC, each development shall provide a number of off-street
parking spaces that complies with the requirements of Table 400.08-1 Table 400.08-1 , Minimum
and Maximum Vehicle Parking Required.
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
Family Detached
Dwelling, Twin-Home
1 per DU
Dwelling, Attached
1 per DU
Dwelling, Duplex,
1 per DU
Same Lot
Dwelling, Triplex
1 per DU
Dwelling, Fourplex
1 per DU
Dwelling, Multifamily
0.5 per DU 2 per DU 0.5 per DU
1.5 per DU
Dwelling, Live/Work
0.75 per DU
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Dwelling, Cottage
1 per DU 2 per DU 1 per DU 1.5 per DU
Development
Section 9. Paragraph 10 of Clause J of Section 60.400.080 relating to Parking, Loading, and Stacking
of the Unified Development Code is amended as follows:
10. Electric Vehicle Charging
Parking areas with more than 50 parking spaces shall provide a minimum of one parking space
dedicated to electric vehicles for every 25 parking spaces provided on site. The provision of
three of fewer electric vehicle parking spaces shall not count toward the maximum allowed
number of parking spaces. The provision of four or more electric vehicle parking spaces shall
count toward the maximum allowed number of parking spaces. Electric Vehicle Charging
stations may be used to meet the minimum parking requirement. The electric vehicle parking
space shall be:
a. Located on the same lot as the principal use;
b. Signed in a clear and conspicuous manner indicating exclusive availability to electric
vehicles; and
c. Outfitted with a standard “Level 2” electric vehicle charging station.
Section 10. Subsection 11 of Subparagraph C of Paragraph 2 of Clause B of Section 60.500.030
relating to Common Procedures of the Unified Development Code is amended as follows:
11) The application for development shall be submitted within 30 60 calendar days from the
date of the Neighborhood Information Meeting.
Section 11. The following Definitions of Section 60.600.030 of the Unified Development Code is
amended as follows:
GRADE
The lower point of elevation of the finished surface of the ground, paving or sidewalk within the
area between the building and the property line, or between the building and a stabilization
structure such as a retaining wall, or, where the property line or structure is more than five feet
from the building, between the building and line five feet from the building.
A reference plane representing the average of finished ground level adjoining the building
at exterior walls. Where the finished ground level slopes away from the exterior walls, the
reference plane shall be established by the lowest points within the area between the building
and the lot line or, where the lot line is more than 6 feet (1829 mm) from the building,
between the building and a point 6 feet (1829 mm) from the building.
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Section 12. 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 , 2026.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2026.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord25/UDC.Amendments.2025.docx
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