HomeMy WebLinkAboutSeptember 7, 2022 Agenda Packet
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Organizational 5 Principles effective,?and?re?ect?our?Foundational• Service delivery is optimized, costand easy to navigate• Operations are sustainable, integrated,identi?ed?by?community
changing demographics and needs•??The?organization?and?Services?re?ect that provide access and equity• Cultural and Recreational opportunities Areas of Focus indicators that help advance
priorities.goals, actions and performanceAction Plans will be developed to identify Action Plan and community values •??Adopt?design?guidelines?that?better?re?ect?Council????re?ect?future?pr
ojections Comprehensive Plan to ensure current decisions • Develop implementation tools and strategies for allocations, and city revenue to effectively allocate DMC resources,
Legislative • Establish competitive and sustainable approach and community values ???development?partners?in?de?ning?city?leadership? • Create clarity, alignment and unity with
economic Areas of Focus and amenities • Access to opportunities incentives landscape and creative • Equitable regulatory and access• Transportation options affordability
• Housing variety and Areas of Focus Quality LivingQuality Services for Strategic Priority: Growth ManagementEconomic Vibrancy and Strategic Priority: Affordable Living Strategic
Priority: to the sustainable and responsible use of public resources.Dedicated both physically and socially.Connected to health and wellness for its people.Committed by its safe and
friendly neighborhoods.Characterized for it’s reputation as a center for growth and innovation.Renowned for?the?bene?t?of?all.?It?is?a?welcome?and?diverse?community.and industry thrive,
and where the land and environment are renewed and sustained Where residents, employees, and visitors enjoy high quality lof life. Where business is a city that cares. Where all people
are treated with dignity and respect. Rochester- Economic Vibrancy and Growth Management- Quality City Services for Quality Living innovative team. A vibrant, compassionate, - Compassion-
Social Equity- Public Safety Sustainability - Fiscal Responsibility & Stewardship - Environmental VisionCity Strategic PrioritiesPrinciples Foundational Vision
6 cityclerk@rochestermn.gov2000 or --s Office: 507’Questions? Contact the City Clerk Rochester, MN 55904 Ste 135, 201 4th St SE City Clerk n the mail to:ISend an open comment
§ rson is available, filling out a written open comment form. pe-When in § publiccomment@rochestermn.gov the City by Noon on the day of the meetingmail E § :/public commentcomment
n openOther ways to submit a § not be discussed in this forum.to personnel will Matters currently under negotiation, litigation, or related § section. in this Items on the agenda
for a public hearing may not be discussed § A speaker may not yield time to another. § is exhausted. time period above Each speaker may speak for up to 4 minutes until the § The
period lasts for 20 minutes § The following speaker guidelines apply: Council’s regular business meeting. during the the City Council on a topic of their choiceaddress opportunity
to members of the community Comment Period provides Open The Comment PeriodOpen
M 7 fdp.2202?,22?tsuguA?fo?gniteeM?licnuoC?ytiC?-?setuniM:stnemhcattA reltsieG?ylleK:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcapm
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C?ytiC?eht?fo?drocer?laiciffo?eht?era?setunim?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?,2202?,22?tsuguA?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.Fgni
teeM?licnuoC?ytiC?,2202?,22?tsuguA?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
City Council 8 tropeR s’rotartsinimdA ytiC)CllaC lloR/redrO ot llaC)B Guidelines For Addressing the Council3. Othelmo da Silva es Lund1. W The following persons were called to speak:Official
Act: Sign-up In Person or Call in via Zoom.A.1)doireP tnemmoC nepO)A ision, Principles, and Priorities V retsehcoR fo ytiC eht rof seitiroirP dna ,selpicnirP ,noisiV ecnaigellA fo
egdelP :gniteeM eht gniweiV dna gnidnettA PresentPatrick KeanePresentMark BransfordPresentNick CampionPresentKelly Rae KirkpatrickPresentShaun PalmerPresentMolly DennisPresentBrooke
Carlson StatusAttendee NameMINUTESCity Council ACITY OF ROCHESTER, MINNESOT- August 22, 2022
MOVER:9 Absolute TheatreforEndorsement Beer Strong with Liquor 3.2 and e WinNew .5)F Cover Page55901.MN, Rochester, NWSt 7th 120 1at operating Hunan BADInc ,NWSt Seven for endorsement
beer strong a with se licenquor li3.2and wine a g 181-22No. Resolution Adopted Act:Official , Inc. DBA Hunan GardenSeven St NWforEndorsement Beer Strong with Liquor 3.2 and e WinNew
.4)F Cover Pageand full approvals by referral departments.informationrequired all of submission to permits, and licenses newon recommended the including presented, as report licensefull
the approving 179-22No. Resolution Adopted Act:Official Licenses and Permits for August 22, 2022.3)F Cover Pageof $0 and accounts payable of $21,739,854.02.purchasesinvestment including
$21,739,854.02, of amount the in 2022, 22,August for disbursements total of ng listithe A Act:Official Accounts Payable for August 22, 2022.2)FMinutes - City Council Meeting, August
1, 2022 Cover Page ficial record of the City Council.meeting as the of2022,1, August the of video and the d ccepteA Act:Official Minutes for August 1, 2022, City Council Meeting.1)F
adnegA tnesnoC)F Motion to Approve the item.adnegA fo redrO)EtropeR s’royaM)D APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly
, PalmerShaun Molly Carlson, Brooke YES:A Nick Campion SECONDER:Patrick Keane
Official 10 Service funding with a local match.ransportationTPublic Dial-A-Ride 2023 for Minnesotaof State the from fundingaccepting reement agan rovingapp 183-22No. 2. with a local
match.fundingransit TPublic Route Fixed 2023 for Minnesotaof State the from fundingaccepting reement agan rovingapp 184-22No. 1. Adopted:Official Act: ransit Funding2023 State T.9)Furner
Airport Hanger Report - T urner Airport HangerLetter of Agreement - T Cover Page on property leased from the Rochester International Airport (RST).residesthat hangar privately-held
his of purchase e thfor urner TMark .Mrwith agreement purchase a of execution Act:Official urner Purchase AgreementPrivate Hangar Purchase - T.8)F Report - Ernster Aircraft Hangar
Letter of Agreement - Ernster Aircraft Hangar Cover Page on property leased from the Rochester International Airport (RST).residesthat hangar privately-held his of purchase he tfor
Ernster Leon .Drwith agreement purchase a of execution Act:Official Private Hangar Purchase - Ernster Purchase Agreement.7)F Change Order - Runway 2/20 Phase 2 Name Change to 3/21
Cover PageRunway 03/21.to02/20 Runway of change name AA) (FAdministration viation AFederalthe with triping spavement and signage airfield for Project,II Phase 2/20 Runway the of part
as ruction Constwith1 No. Order Change of execution Act:Official Runway 02/20 Phase II Project - Change Order No.1.6)F Cover PageRochester MN 55902. SWSt 1 15 at operating Theatre
Absolute DBA (a Theatre Absolutefor endorsement beer g strona with license liquor percent 3.2and wine a g approvin 182-22No. Adopted Act:
Cover Page 11 to Runway 31 ProjectApproachSystem Landing Instrument II Category -dvertisement ABid .14)F arious Locations – Project No. J4721VinRamps Pedestrian 2022 - Sheet Budget
Contract of Form Standard No. J4721Project– Locations arious Vin Ramps Pedestrian 22 20- Sheet Budget Cover Pagearious Locations – Project No. J4721.Ramps in VPedestrian2022 for $256,540,
of t amounthe in LLC., racting, ContIms withcontract a approving 187-22No. Resolution Adopted Act:Official arious Locations - Project No. 47212022 Pedestrian Ramps in V.13)FDraft
Narrative - Small Starts Summary - Small Starts Cover Pageransit.Downtown Rochester Link Rapid Tfuturethe of 60% for A) (FTation Administrransit TFederal the from resourcesfinancial
secure to request funding updated an submitting tocommitment firming reaf 186-22No. Resolution Adopted Official Act: A) Small Starts Application(FTAdministrationransit TFederal Updated
to itment Commfirming Reaf.12)F Cover PageGoergen.Nadineand ony Tfrom $25 and Emirates Arab United the from $1800 of fundsdonated accepting 185-22No. Resolution Adopted Act:Official
Donations to the Rochester Police Department1).1F Assistance GrantJusticeMemorial Byrne 2022 - Understanding of Memorandum Application - 2022 Byrne Memorial Justice Assistance Grant
Cover Pageprevention, trust building, and community engagement programs.crimefor 2022 ear YFiscal for t GranByrne a of acceptance and plicationapthe roving app 194-22No. Resolution
Adopted Act:Official 2022 Byrne Memorial Justice Assistance Grant.10)F
Official 12 Preserve General Development Plan.Highlandthe within is which rst, FiHills Highland of Ponds called beto subdivision residential a of development the for LLC Development
Noblewith eement agrdevelopment a zed uthoriA Act:Official PlanGeneral Preserve Highland the within First Hills Highland ofPonds - LLC Development Noble with Agreement Development
.18)F ReplatHardys John 1, Block 3, and 1 Lots - ment AgreeContribution Location Exhibit - John Hardys Contribution Agreement Cover PageReal Estate LLC for Lots 1 and 3, Block 1, John
Hardys Replat.Hardy'sJohn with nt agreemetribution cona uthorized A Act:Official s Real Estate LLCContribution Agreement with John Hardy’.17)F Exhibit - E 6th Street Project Layout
Camegaran Lease - Second Amendment Camegaran LLC Mayo Clinic Cover Page Permit.surface parking locations consistent with the associated Conditional Useofmodification a allowing Clinic
o Maythe and LLC egaran Camwith LeaseII Phase the to amendment ond seca uthorized A Act:Official theand LLC Camegaran with Lease II Phase to Amendment Second .16)F Cover Page 4. Mayo
Civic Center and Art Center Bid Package ells and Heat Pumps Bid Package3. City Hall Geothermal W 2. City Hall Bid Package 1. Library Bid Package ransition (DBET) - J31037Downtown Building
Energy Tforbids following the for advertisement the Act:Official ransition - J31037Bid Advertisement - Downtown Building Energy T.15)F to Runway 31 ProjectApproachSystem Landing II
Category -dvertisement ABid Cover PageRunway 31 at the Rochester International Airport - Project No. J6878.toApproach System Landing II Category the complete toproject a for bids
for dvertisement athe horized Aut Act:
Cover Page 13 13, for 2022 East River Rd NEContracting, LLC. in the amount of $730,1Imsto ct contraa rding awa Resolution No. 189-22 Adopted Official Act: Manhole 10/0063 - Project
No. J4410to10/0050 Manhole from Repair Sanitary NE Rd River East 2022 .22)F 4 St SW and 5 St SW - Project No. J7344betweenSW ve A3 of econstruction R2022 - Contract of Form Standard
5 St SW - Project No. J7344andSW St 4 between SW ve A3 of Reconstruction 2022 - heet SBudget SW and 5 St SW - Project No. J7344St4 between SW ve A3 of Reconstruction 2022 - Map Location
Project Cover Pageand Utility Reconstruction - Project No. J7344.StSW ve A3rd for $379,341.87, of t amounthe in Inc. avating, ExcAlcon withcontract a approving 188-22No. Resolution
Adopted Act:Official ve SW Street and Utility Reconstruction - Project No. J73443rd A.21)F ve SW ROWRevocable Permit & Agreement - Landscaping in 4th A Cover Page.ve SWfer plantings
within the right of way of 4th Abufofplacement for LLC Square Discovery at Residence with ("theagreement and permit revocable a Authorized Act:Official ayfer Plantings in Right of
WLLC - BufSquareDiscovery at Residence with Agreement and Permit Revocable .20)F Utility Connection Agreement - McQuilkin 1447 20th St SW Cover Pageunpaid associated charges and interest
as outlined in the agreement.ofcollection the for Auditor ounty COlmsted the with ation Certific2. water systems.andsewer sanitary municipal the to property their of connectionallow
to McQuilkinKacey and Brian with (UCA) Agreement n ConnectioUtility 1. Authorized the following:Official Act: 20th St SW1447- McQuilkin Kacey and rian Bwith Agreement Connection Utility
.19)F Location Map - Highland Preserve Development AgreementDevelopment Agreement - Highland Preserve
Sanitary 14 Motion to Approve the item. 202212, August Board, - Meeting uncil CoCity - Minutes Cover Page City Council.theof record ficial ofthe as Board the of eeting mspecial 2022,12,
August the of video and utes minthe epted Acc Act:Official MeetingSpecialBoard - Council City 2022, 12, August for Minutes .25)F Cover Page1.Upgrade - Project No. J441Solidsand Liquid
Plant lamation Recater WRochester the for City theof behalf on agreement grant a executeto Mayor andClerk ity Cthe and Authority Public Minnesota the to application grantimplementation
source point a submit to (City) Rochester ofCity the authorizing 191-22No. Adopted Act:Official 1 Project No. J441 Reclamation Plant Liquid and Solids Upgrade -aterWRochester the
for application Grant Implementation Source Point .24)F arious Locations – Project No. J4346VatRehabilitation Lining Pipe wer SeSanitary 2022 - Sheet Budget arious Locations – Project
No. J4346Rehabilitation at VLiningPipe Sewer Sanitary 22 20- Contract of Form Standard Cover Pagearious Locations - Project No. J4346.Pipe Lining Rehabilitation at VSewerSanitary 2022
for $777,969.50, of amount the in Inc. , isu-SewerVtocontract a awarding 190-22No. Adopted Act:Official Project No. J4346-Locations arious Vat ehabilitation RLining Pipe Sewer Sanitary
2022 .23)F 100050 to MH 100063 – Project No. J4410MHfrom Repair Sanitary NE RD River East 022 2- Sheet Budget MH 100050 to MH 100063 – Project No. J4410fromRepair Sanitary NE RD River
East 2022 - Map Location Project from MH 100050 to MH 100063 – Project No. J4410RepairSanitary NE RD River East 2022 - Contract of Form Standard Cover PageJ4410.No.Project 10/0063-
Manhole to 50 10/00Manhole from Repair
MOVER:15 snoitadnemmoceR dna stropeR)H Motion to Approve the item with 1 condition. T Rochester Mazda AdditionReview Comments - CD2022-023PLA Mazda Rochester T CD2022-023PLA- gs FindinSubdivision
T Rochester Mazda AdditionFinal Plat - CD2022-023PLA T Rochester Mazda AdditionNotification Map - CD2022-023PLA T Rochester Mazda AdditionCD Memo - CD2022-023PLA Cover PageHaving no
persons wishing to speak, the public hearing was closed. The public hearing was opened. applicant. theof behalf on introduced OlsonKatie Record of Engineer Civil se introduced the
item. Planner Matt T.Frontage Rd NWW52 Hwy of west and NW St 48th of north lot, one into acres1.68 of consolidation the for condition, one with Addition, Mazda Rochesteras known be
to Mazda, Rochester by , TCD2022-023PLANo.Plat Final approving 192-22No. Resolution Act:Official MazdaRochester as known be to T CD2022-023PLANo. Plat Final G.1)sgniraeH cilbuP)G
Speaking During a Public Hearing Guidelines .mooZ aiv ni llaC ro nosreP nI pu-ngiSsenilediuG gniraeH cilbuP APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark
Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion MOVER:APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion,
Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion
MOVER:16 CodeRochester amending 4470 No.Ordinance Act:Official Ordinance Amendment - Chapter 2-7 Related to the Music BoardK.1)sgnidaeR dnoceS ecnanidrO)KsgnidaeR tsriF ecnanidrO)JsnoitcA
detaitinI licnuoC)I Motion to Receive and File the report.Ending June 30, 2022 Periodfor Report Performance Budget Quarterly - Report Cover Pagesummary report for the period ending
June 30, 2022.performancebudget quarterly first the filing and Receiving Official Act: June 2022 Quarterly Budget Performance ReportH.2)Motion to approve the item. with ersion VExecution
- Agreement Services ransportation TillageVransit Test WWTV - Clinic Mayo Agreement Operation Cover Pageon the item.presentedand introduced inhauser SteCindy Administrator City Deputy
ransit Project.for the LINK Bus Rapid TClinicMayo and Rochester of City the ent AgreemOperating 20-yeara approving 193-22No. Resolution Act:Official ransit Projectoperation of the
LINK Bus Rapid Tthefor Clinic Mayo and Rochester of City the en betweAgreement H.1)APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly
, PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion MOVER:APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly
, PalmerShaun Molly Carlson, Brooke YES:A Nick Campion SECONDER:Patrick Keane
MOVER:17 tnemnruojdA)NssenisuB rehtO)MsmetI delbaT)L Motion to Adopt an Ordinance. Cover PageChapter 9-19 Relating to the Establishment of City Identification Cards.and creating 4472
No.Ordinance Act:Official Ordinance - Establishment of City Identification CardsK.3)Motion to Adopt Ordinance Cover PagePower Plant as a locally designated historic landmark.LakeSilver
the to 4471No. Ordinance Act:Official PlantPowerLake Silver of Designation k LandmarHistoric Local - Ordinance K.2)Motion to Adopt the Ordinance. Cover Pagecurrent role of the Board
in relation to the Music Department.thereflecting accurately more and Board, Music the of value strategic theclarifying Board, Music the to 2-7 nces Ordinaof APPROVED \[UNANIMOUS\]:TRESUL
None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion MOVER:APPROVED \[UNANIMOUS\]:TRESUL
None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion MOVER:APPROVED \[UNANIMOUS\]:TRESUL
None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion
MOVER:18.cityclerk@rochestermn.govfice at (507) 328-2900 or emailplease contact the City Clerk's OfIf you need assistance finding information about an item on this agenda, City Clerk
Kelly K. Geistler __________________________________Motion to Adjourn.APPROVED \[UNANIMOUS\]:TRESUL None YS:NA Kirkpatrick, Nick Campion, Mark Bransford, Patrick KeaneRaeKelly , PalmerShaun
Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Nick Campion
M 19.licnuoC?eht?fo?noitaredisnoc?eht?rof?detneserp?si?troper?esnecil?a?,gniteem?licnuoC?hcae?tA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?ses
necil?fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?,htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugere
ht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?s
ecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP 5?-?stimreP?tnevE?laicepS sesneciL?tnevE?laicepS??1?-?timreP?kcuD2?-?timreP?nekcihC sesneciL?laminA?1?-?stimreP?gnilbmaG?elgniS1?-?stimreP??gnilbm
aG?launnA stimreP?gnilbmaG?dna?lohoclA?2?-?esneciL?tsiparehT?egassaM?1?-?timreP?yalpsiD?skroweriF?sesneciL?ssenisuB?:evitarraN?tropeR.stnemtraped?larreferyb?slavorppa?lluf?dna?noitamrofni?deriuqer?ll
a?fo?noissimbus?ot?tcejbus?,stimrep?dna?sesnecil?wen?nosnoitca?dednemmocer?eht?gnidulcni?,detneserp?sa?troper?esnecil?lluf?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???2.F2202?,7?rebmetpeS?
rof?stimreP?dna?sesneciL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
F 20 2202?,7?rebmetpeS?rof?stimreP?dna?sesneciL?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.emit?siht?ta?dednemmocer?gnieb?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gni
snecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruoseR?&?lacsi
21 12, 2022 Dec. NW Ste 200 2575 Commerce Dr Smith, Schaefer and Associates 032L) -Rochester Exchange Club (AG22 of permit on the designated dates and locations.Recommended
Action: Approve the following applications as submitted to the State for issuance SINGLE GAMBLING PERMITS 1828 14th St NW -Colonial Lanes 1652 Highway 52 N -Charlie’s Eatery & Pub
4144 Highway 52 N -Broadway Bar & Pizza 3708 N Broadway Suite 140 -Chip Shots Rochester Elks Lodge #1091 (AG00314) of permit on the designated dates and locations.for issuance
Recommended Action: Approve the following applications as submitted to the State ANNUAL GAMBLING PERMITS ALCOHOL AND GAMBLING LICENSES 17, 2022 Sep. 403 E Center St Mayo Field
0945FP) -Hairball Concert (F22 Oct. 2525 Viola Rd NE EddLinda -Century High School (F22 .indicatedPermits, subject to all terms and conditions of Rochester Code of Ordinances,
on the dates Recommended Action: Approve granting the following applications for Fireworks Display FIREWORKS DISPLAY PERMIT BUSINESS LICENSES information and full approvals by referral
departments. actions be approved on the following licenses and permits, subject to submission of all required BE IT RESOLVED by the Common Council of the City of Rochester that the
recommended RESOLUTION
22 SUS Hwy 14 Lot Mall Parking Cirque Italia ) 00084L-Cirque Entertainment LLC (S22 plex to Mayo High SchoolGraham Arena ComStreet closure of terminate no later than 4:45 p.m.Waived
the maximum allowable sound pressure level and require the amplified sound to 30, 2022, from 4:00 p.m. to 4:45 p.m. Sep. 1420 11th Ave SE Mayo High School ol Homecoming ParadeMayo
High Scho -Mayo High School (S22 SchoolKellogg Middle School to 3rd Ave NE to 14th St NE to Jefferson Elementary Street closure of terminate no later than 4:45 p.m.the maximum allowable
sound pressure level and require the amplified sound to 30, 2022, from 4:15 p.m. to 4:45 p.m. Sep. 507 17th St NE Kellogg Middle School Century High School Homecoming -Century High
School (S22 Ordinances.approvals by all referral departments and full compliance with the Rochester Code of full Recommended Action: Approve the following applications for special
event permits, subject to SPECIAL EVENT PERMITS 3688 Nottingman Dr NW Craig Squires (A00219) .3Dec. 31, 2025, for a period expiring -of Rochester Code of Ordinances Chapter 3to
all terms and conditions Recommended Action: Approve granting the following applications for Chicken Permits, subject DUCK PERMIT 850 Village Circle W Roman Chowdhury (A00218) 5033
Tongen Ave NW Oanh Nguyen (A00217) .3Dec. 31, 202a period expiring -to all terms and conditions of Rochester Code of Ordinances Chapter 3Recommended Action: Approve granting the following
applications for Chicken Permits, subject CHICKEN PERMIT ANIMAL LICENSES
23 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .22APPROVED THIS _____ DAY OF ______________________,
20 CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON ___________________________________ .22ROCHESTER, MINNESOTA, THIS
__________ DAY OF _______________, 20 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF No street closure Maximum allowable sound pressure no more than 85 decibels
17, 2022, from 10:00 a.m. to 2:00 p.m. Sep. 1738 W Center St Rev. R. Martin Luther King Jr. Park Rochester Welcome YOU (Welcoming Week Event) -City of Rochester (S22 for less than
15mn Street closure at Opportunity Drive and Industrial Drive No amplified sound 30, 2022, from 2:00 p.m. to 2:45 p.m. Sep. 1710 Industrial Dr NW RCS Homecoming Parade -Rochester Catholic
Schools (S22 No street closures ate no later than 4:45 p.m.terminWaived the maximum allowable sound pressure level and require the amplified sound to 07:00 p.m. to 10:00 p.m. ,
from, 202211 –9 Sep.
M 24:tcapmI?ecruoseR?&?lacsiF?.lavitsef?ytinummoc?a?sa?ocsiDrelloR?-?ecnaillA?nwotnwoD?retsehcoR?eht?sevorppa?licnuoC?ytiC?retsehcoR?ehT?:1202?,4?.tcO:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP
.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,yt
efas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP
tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP??.licnuoC?nommoC?eht?fo?noituloser?ybderalced?sa?retsehcoR?fo?ytiC?eht?fo?stneve?ro?,cis
um?,erutluc?,doof?,yrotsih?,elpoep?eht?gnitarbelec?tnevena?sa?denifed?”lavitseF?ytinummoC“?a?demeed?era?yeht?fi?stneve?fo?sepyt?eseht?rof?swolla?edoC?ytiC?.tneve?eht?fo?emit?dne?eht?htiw?trecnoc?ni?.
m.p?00:01?naht?retal?on?gnitanimret?dnuos?lla?htiw?,timillebiced?58?eht?seviaw?licnuoC?ytiC?eht?taht?gnitseuqer?si?ocsiD?relloR?-ecnaillA?nwotnwoD?retsehcoR?ehT?.tS?dn2?ta?detseuqer?erusolc?laitrap?a
?htiw?snoitacol?eseht?ta?detseuqer?gnieb?era?serusolcteerts?latoT?.WS?tS?ht4?ot?WS?tS?dr3?morf?S?evA?yawdaorB?fo?edis?tsae?eht?si?noitacol?tneve?ehT?.2202?,9?rebotcO?no?.m.a?00:5?ta?dne?lliw?pu?naelC
??.2202?,8?rebotcO?no?.m.p?03:01?litnu.m.a?00:11?morf?dna?,2202?,7?rebotcO??no?.m.p?03:01?litnu?.m.p?00:4?morf?rucco?lliw?flesti?tneve?ehT?.etadtneve?hcae?no?.m.a?00:5?ta?snigeb?pu?-tes?tneve?ehT?.22
02?,8?&?7?rebotcO?no?dleh?eb?lliw?tneve?ehT.tneve?ocsiD?relloR?rieht?rof?timrep?tneve?laiceps?a?rof?deilppa?sah?ecnaillA?nwotnwoD?retsehcoR?ehT:evitarraN?tropeR?.lavitsef?ytinummoc?a?tneve?eht?gniral
ced?dna?ocsiD?relloR?-?ecnaillAnwotnwoD?retsehcoR?eht?rof?noitacilppa?timrep?tneve?laiceps?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???3.F?lavitseF?ytinummoC-?ocsiD?relloR?:ecnaillA?nwotnw
oD?retsehcoR NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
L 25 fdp.lavitseF?ytinummoC?-?ocsiD?relloR?ecnaillA?nwotnwoD?retsehcoR?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.tneve?rieht?dloh?ot?elba?gnieb?ton?ocsiD?relloR?-ecnaillAnwotnwoD?re
tsehcoR?eht?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL
?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneci
RESOLUTION26 their event as safe as possible. mitigation efforts to make 19-COVID consider incorporating andchanging CDC guidelines follow current and mends that the event operatoromemergency
meeting, strongly rec21 passed at the August 19, 2021, -that the Council, pursuant to Council Resolution 176BE IT FURTHER RESOLVED by the Common Council of the City of Rochester, Minnesota,
on the dates of the event. p.m.0 3:to terminate no e it with a restriction requiring the amplified soundreplacand event Roller Disco -Rochester Downtown Allianceallowable sound
pressure for the 6(c), does hereby waive the maximum -11-8Sec. that the Council, pursuant to R.C.O. BE IT FURTHER RESOLVED by the Common Council of the City of Rochester, Minnesota,
.event as a Community Festival Roller Disco –Rochester Downtown Alliance 5(b), does hereby declare the -19-5Sec. Council, pursuant to R.C.O. Minnesota, that the NOW, THEREFORE, BE
IT RESOLVED by the Common Council of the City of Rochester, as a Community Festival. event Roller Disco –Downtown Alliance Rochester WHEREAS, the City of Rochester Common Council
wishes to declare this ster; and, or events of the City of Roche ,music ,celebrating the people, history, food, culturea community event event is Roller Disco -WHEREAS the Rochester
Downtown Alliance ,and closed and accessible only to local traffic for the event;h 2nd St also partially closure of the east side of Broadway Ave from 3rd St to 4th St, wita road
event is requesting Roller Disco -WHEREAS, the Rochester Downtown Alliance and 8, 2022, on Broadway Ave S between 3rd and 4th St.; and,October 7 event will occur on Roller Disco
-Rochester Downtown Alliance .”; and,of each event covered by the permitday each 0 p.m. on3:to terminate no later than 10 a restriction requiring the amplified sounde level provided
in subsection (b) of this section and replace it with allowable sound pressurwaive the maximum 6 (c) does empower the City Council to “-11-WHEREAS, R.C.O Sec 8 as declared by resolution
of the Common Council; and, ent celebrating the people, history, food, culture, music or events of the City of Rochester evto mean a community ”Community Festival“5(b) defines a -19-5Sec.
WHEREAS, R.C.O. at a Community Festival held with the City of Rochester; and, premises -sale intoxicating liquor licensees may dispense intoxicating liquor off-specified on) states
that ”R.C.O.“5(b) of the Rochester Code of Ordinances (-19-WHEREAS, Sec. 5 with Amplified Sound Waiver. FestivalCommunity Roller Disco -Rochester Downtown Alliance for The Approving
a Special Event Permit
27 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________ .2APPROVED THIS _____ DAY OF ______________________,
202 CITY CLERK _____________________ATTEST: _____ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .2ROCHESTER, MINNESOTA,
THIS __________ DAY OF _______________, 202 PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
M 28:)s(noitcA?evitanretlA.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?
gnisneciL:tcapmI?ecruoseR?&?lacsiF?.lavitsef?ytinummoc?a?sa?lavitseF?strA?ytiC?deM?eht?sevorppa?licnuoC?ytiC?retsehcoR?ehT?:1202?,03?.guA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?
,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa?,ytic?eht?nihtiw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?e
rusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitapicitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?
&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP?.tneve?eht?fo?emit?dne?eht?htiw?trecnoc?ni?.m.p?00:01?naht?retal?on?gnitanimretdnuos?lla?htiw?,timil?lebice
d?58?eht?seviaw?licnuoC?ytiC?eht?taht?gnitseuqer?si?lavitseF?strA?ytiC?deM?ehT?.snoitacol?eseht?ta?detseuqer?gniebera?serusolc?teertS?.WS?tS?dn2?morf?dna?WS?evA?ts1?hguorht?azalP?ecaeP?eht?si?noitaco
l?tneve?ehT.m.p?00:01?litnu?.m.p?00:6?morf?rucco?lliw?flestitneve?ehT??.m.p?03:01?yb?edulcnoc?lliw?pu?naelc?dna?.m.a?00:6?ta?snigeb?pu?-tes?tneve?ehT?.2202?,01rebmetpeS?no?dleh?eb?lliw?tneve?ehT?.tim
rep?tneve?laiceps?a?rof?deilppa?sah?lavitseF?strA?ytiC?deM?ehT:evitarraN?tropeR??.lavitsef?ytinummoc?a?tneve?eht?gniralceddna?lavitseF?strA?ytiC?deM?eht?rof?noitacilppa?timrep?tneve?laiceps?eht?gnivo
rppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???4.F?lavitseF?ytinummoC?:lavitseF?strA?ytiC?deM NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO
2202?,7?rebmetpeS:ETAD?GNITEE
N 29 lavitseF?ytinummoC?-?lavitseF?strA?ytiC?deM?2202?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.tneve?rieht?dloh?ot?elbanugnieb?lavitseF?strA?ytiC?deM?eht?ni?tluser?lliw?laineD?.emi
t?siht?ta?dednemmocer?era?snoitca?evitanretla?o
RESOLUTION30 their event as safe as possible. mitigation efforts to make 19-COVID consider incorporating andchanging CDC guidelines follow current and ds that the event operatormenomemergency
meeting, strongly rec21 passed at the August 19, 2021, -that the Council, pursuant to Council Resolution 176BE IT FURTHER RESOLVED by the Common Council of the City of Rochester, Minnesota,
on the dates of the event. 0 p.m.later than 10:0to terminate no requiring the amplified soundand replace it with a restriction Med City Arts Festivalallowable sound pressure for
the 6(c), does hereby waive the maximum -11-8Sec. that the Council, pursuant to R.C.O. of the City of Rochester, Minnesota, BE IT FURTHER RESOLVED by the Common Council .event as
a Community Festival Med City Arts Festival5(b), does hereby declare the -19-5Sec. Minnesota, that the Council, pursuant to R.C.O. E, BE IT RESOLVED by the Common Council of the City
of Rochester, event as a Community Festival. FestivalMed City Arts WHEREAS, the City of Rochester Common Council wishes to declare this or events of the City of Rochester; and,
,music ,people, history, food, cultureis a community event celebrating the ,St SW ndand 2, SW Ave stPlaza and between 1 ,2, 20201 September on, occurring alMed City Arts Festiv
.”; and,of each event covered by the permit0 p.m. on the day to terminate no later than 10:0 a restriction requiring the amplified sounde it with allowable sound pressure level provided
in subsection (b) of this section and replacwaive the maximum 6 (c) does empower the City Council to “-11-WHEREAS, R.C.O Sec 8 as declared by resolution of the Common Council; and,
events of the City of Rochester event celebrating the people, history, food, culture, music or to mean a community ”Community Festival“5(b) defines a -19-5Sec. WHEREAS, R.C.O. at
a Community Festival held with the City of Rochester; and, premises -may dispense intoxicating liquor off sale intoxicating liquor licensees-specified on) states that ”R.C.O.“5(b) of
the Rochester Code of Ordinances (-19-WHEREAS, Sec. 5 Waiver.with Amplified Sound Med City Arts FestivalApproving a Special Event Permit for
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF31 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY ___________________________________
_______________, 2021.APPROVED THIS _____ DAY OF _______ CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ______________________
_____________ MINNESOTA, THIS __________ DAY OF _______________, 2021.ROCHESTER,
M 32.ssecorp?gnisnecil?eht?gniretsinimda?fo?tsoc?eht?fo?noitrop?a?revoc?seef?noitacilppaesneciL?.tegdub?latnemtraped?niam?eciffO?s’krelC?ytiC?eht?rednu?rof?detegdub?si?ytivitca?gnisneciL:tcapmI?ecruo
seR?&?lacsiF?.eton?ot?snoitca?evitalsigel?suoiverp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slamina?dna?,gnilbmag?,lohocla?ot?gnitalerdeussi?sesnecil?fo?thgisrevo?sa?llew?sa?,ytic?eht?niht
iw?sessenisub?detangised?dna?srotcartnoc?yb?ytivitcaeht?fo?thgisrevo?hguorht?gnieb-llew?dna?htlaeh?,ytefas?cilbup?erusne?ot?ecalp?ni?krowemarf?yrotalugereht?ni?secnanidro?ytiC?yb?debircserp?sa?gnitap
icitrap?si?licnuoC?eht?,sesnecil?fo?ecnaussi?eht?gnivorppa?nI:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?sei
tiroirP?.esirpretne?pihsrenwo?wen?yllohw?a?sa?dedrager?si?.oC?s'airotciV?yb?nailatI?s'anilleroSytitne?lagel?eht?revewoh?,cnI?atosenniM?fo?s'airotciV?nwo?ohw?slaudividni?emas?eht?era?.oC?s'airotciV?yb
nailatI?s'anilleroS?nwo?ohw?slaudividni?ehT?.degnahcnu?niamer?lliw?"ynapmoc?eht"?fo?pihsrenwo?laudividnI?”.licnuoc?eht?yb?devorppa?litnu?evitceffe?emocebton?llahs?emas?eht?dna?,esnecil?eht?fo?refsnar
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:evitarraN?tropeR?.20955?NM,retsehcoR?,WS?tS?ht61?5511?ta?gnitarepo?tnaruatser?nailatI?s'anilleroS?rof?sesnecil?rouqil?yadnuS?laicepsdna?tnaruatser?gnitacixotni-lluf?elas-no?eht?fo?refsnart?pihsrenwo
?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?noitcA???5.F?.oC?s'airotciV?yb?nailatIs'anilleroS?ot?refsnarT?pihsrenwO?esneciL?rouqiL NOITCA?ROF?TSEUQER thgirwtraC?naaitsirhC:RETNESERPadnegA?tnesnoC:
NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
A 33 airotciV?yb?nailatI?s'anilleroS?rof?refsnarT?pihsrenwO?-?noituloseR:stnemhcattA thgirwtraC?naaitsirhC:yB?deraperP?.airotciV?yb?nailatI?s'anilleroS?rof?sesnecil?rouqil?eht?fo?lortnoc?niatbo?ot?el
ba?gnieb?ton?.oCs'airotciV?yb?nailatI?s'anilleroS?ni?tluser?lliw?laineD?.emit?siht?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl
34 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY __________________________________ .2APPROVED THIS_____DAY OF_____________________,
202 CITY CLERK __________________________ ATTEST: PRESIDENT OF SAID COMMON COUNCIL ___________________________________ .2, 202______________DAY OF__________ROCHES
TER, MINNESOTA, THIS PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF . ’s Italian by Victoria’Sorellinato 25590Rochester, MN ,St SW th1155 16operating at the companySunday
liquor licenses for intoxicating and special -transfer of the full n ownershipa that the City does hereby approvethe Common Council of the City of Rochester BE IT RESOLVED by NOW,
THEREFORE, ”.the same shall not become effective until approved by the counciland ,stock in a corporate licensee shall be deemed equivalent to a transfer of the licenseor beneficial
interest in 25 percent or more of the shares of any change of ownership “… does so stipulate that: 20 (a)-19-5 AS, Rochester Code of OrdinancesEWHER ,; andcompanyhas now taken 100
percent ownership in the s Co. ’Italian by Victoria Sorellina’s, WHEREAS ;of Minnesota Inc. Victoria’s by owned was previously (“the company”) Italian by Victoria s’SorellinaWHEREAS,
. the legal namedue to changes in Italian by Victoria s’Sorellina Co DBAs ’Italian by Victoria ’Sorellina’s Approving the license transfer of RESOLUTION
M 35:stnemhcattA hconeL?)gnouH(?adniL:yB?deraperP?.detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitca?licnuoc?rehto?ro?tegdub?hguorht?,stnuoma?devorppa?ylsuoiverp?fo?tnemyap?rof?si?sihT:tc
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A 37)SPIT(?metsyS?gnisahcruP?lacolretnI?ehT?-?tnemeergA:stnemhcatt
City of Rochester38
39
City of Rochester40City Clerk507-328-2239507-328-286055992MNRochester201 4th Street SE - RM 321jking@rochestermn.govJennifer KingTitle: ___________________________By: ____________________________Mayo
r
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1 42:stnemhcattA sregoR?nohciM:yB?deraperP?.ytinummoc?ruo?tifeneb?yam?taht?seitinutroppo?rehto?tuoba?nrael?ot?dna?krow?s'ytiCeht?tuoba?noitamrofni?erahs?ot?ytiliba?s'royaM?eht?tcapmi?lliw?levart?etat
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M 43?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.sdnuf?fo?ecruosdetapicitna?eht?era?dna?elbaliava?era?sdnuf?ytilibats?tegduB??.senilria?htiw?noitaitogen?lufsseccus?noputnegni
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45 when DOT determines, after consultation with the Sponsor, that such funds funds The Sponsor shall take all steps, including litigation, if necessary, to recover Federal 5. .AgreementGrant
unilaterally terminate this , DOT may 2220, 21 Septemberon or before without modification by the Recipient to DOT If not signed and returned obligation. arant gthe initial amendments
toto accept such for DOT required in order is further action on the part of DOT and Agreementndments to this Grant megreement, such changes shall constitute aArant GIf the Sponsor
makes any substantive changes to this ibed in writing by DOT.prescr, or such subsequent date as may be 2, 20212 September on or beforeAgreement Grant signs this unless the Sponsor
Grant Projectany part of the costs of the shall expire and the United States shall not be obligated to pay awarded hereunderThe grant constitutes an obligation of federal funding.
Grant AgreementThis 4. as DOT may prescribe.regulations and procedures pursuant to any in accordance with the terms hereofProject without undue delays and Grant The Sponsor shall
carry out and complete the 3. United States’ share of costs.adjustments to the nd settlement will be made for aTotal Project Cash Costs of reviewfinal a be based upon may United
States’ share Final determination of the. s 200 and 1201CFR Part 2, including, without limitation, as DOT may prescribepursuant to and in accordance with the provisions of such regulations
and procedures will be made Total Project Cash Costs nited States’ share of the Payment of the U 2. .850,000$shall be greementGrant AThe maximum obligation of the United States payable
under this 1. GENERAL CONDITIONS A. FOLLOWING TERMS AND CONDITIONS: IS MADE ON AND SUBJECT TO THE AGREEMENT AND GRANT AWARDTHIS hereof.s in Section E to such term assignedGrant
Agreement, capitalized terms shall have the meanings Unless otherwise defined in this . )PartiesSponsor and DOT (collectively, the signature by the This Grant Agreement shall be effective
on the date of last of the community. service needs to assist in the Sponsor’s efforts to address the air 850,000$of up to a grant the Sponsor to (Grant Agreement) and Agreementpresents
this Grant Award acting for the UNITED STATES, (DOT), THEREFORE, the U.S. Department of TransportationDevelopment Program; now has applied for a Grant under the Small Community Air
Service ,Rochester, Minnesotathe Sponsor), on behalf of the community of ( Rochester Airport CompanyWHEREAS, 0034-0003-2220--DOTCKET #: DO 69A34521400100034: CFDA 20.930 FAINALN/
SERVICE DEVELOPMENT PROGRAMUNDER THE SMALL COMMUNITY AIR ROCHESTER, MINNESOTAACTING FOR THE COMMUNITY ROCHESTER AIRPORT COMPANY AND U.S. DEPARTMENT OF TRANSPORTATION AGREEMENT BETWEEN
THE AWARD ANDGRANT
have been 46, 7January on this Grant Agreement will expirebetween the Sponsor and DOT, Subject to the terms set forth in this Grant Agreement, and unless otherwise agreed 4. termination
of this Grant Agreement.request written notice, the Sponsor may prior days’ )30thirty ( At any time, on 3. agreement by both parties.written modified only on mutual arty. The Grant
Agreement will be amended or to the other P notice writtenprior days’ )30thirty (on ant Agreement may seek to amend or modify this Gr PartyEither 2. DOT determines that termination
is in the public interest. d. or this Grant Agreement;The Sponsor does not meet the conditions and obligations specified under c. writing by DOT; Cind K-nI pplication, or alternativeArant
Gits that are ontributions Cind K-nI anyThe Sponsor fails to provide b. pplication, or alternatives approved by DOT; AGrant The Sponsor fails to provide the local contribution as provided
in its a. following occurs:any of the written notice, unless otherwise agreed between the Sponsor and DOT, if prior days’ )90ninety (under, on here terminate the Grant Agreement,
and DOT’s obligations , DOT reserves the right to this Grant Agreementterms set forth in the Subject to 1. SPECIAL CONDITIONS B. roject.Prant Gproperty and services in carrying
out the apply to the extent that the Sponsor procures shall and modified by 2 CFR 1201,(Procurement Standards), as implemented 7200.32–200.317CFR 2The provisions of 9. .dsawarin
Federal or more in a year ,000 750approved audit of any expenditure of funds of $-FederallyThe Sponsor shall ensure compliance with Federal regulations requiring conduct of a 8. Agreement.may
arise from, or be incident to, compliance with this Grant to persons thatThe United States shall not be responsible or liable for damage to property or injury 7. by DOT.otherwise,
involving the recovery of such Federal share shall be approved in advance tlements or other final positions of the Sponsor, in court or such funds. All setshare or to any settlement,
litigation, negotiation, or other efforts taken to recover documents and records pertaining to the determination of the amount of the Federal . It shall furnish DOT, upon request,
all , whichever is laterurythe U.S. Treasundertaken pursuant to the Grant Agreement and receipt of final reimbursement from completion of all projects after years (3) threefor a period
of Grant Projectn all documents relevant to this Grant Agreement and the The Sponsor shall retai 6. used or disbursed by the Sponsor that were originally paid pursuant to this Grant
, the term “Federal funds” means funds however this Grant Agreementn any manner in any project upon which Federal funds have been expended. For the i, or misused lawsspent fraudulently,
wastefully, or in violation of Federal
202 47 (DFW). rport isupport new air service to Dallas/Ft. Worth International Arecruit, initiate and Minimum revenue guarantee (MRG) and associated marketing program to Grant Project:
ProjectScope of the Grant 2. 008024884 TIN Number: N5HLPJRTXQJ4 UEI Number: jreed@flyrst.com Email: 2328, extension 103-(507) 282 Phone: Rochester, Minnesota WS ,7600 Helgerson
Drive :Address Rochester Airport Company :Company Executive Director :Title John Reed :Name tact:Project ConGrant Other Sponsor Contact: conditions set forth in this Grant
Agreement. terms and according to the shall administer the Grant is a government entity that Development Program, as the legal Sponsor under the Small Community Air Service ,innesotaRochester,
Mdesignated by the community of , The Rochester Airport Company: Sponsor 1. PROPOSAL SPECIFIC CONDITIONS C. set forth in this Grant Agreement.fter the expiration date currently Grant
Agreement will then expire one calendar year arequest filed under this subsection of the Grant Agreement, and this the receipt of he Department will acknowledge supporting reasons
are in the public’s best interests, t substantive in nature. If the initiated extension. Supporting reasons must be-for a selfremaining federal funding is not a sufficient reason
: Access tothe extension. )(2), such request must include a description of the supporting reasons for e200.308(the provisions of 2 CFR § Consistent witha written request for such
extension. days prior to the original expiration date of this Grant Agreement, )60sixty (later than year extension of this Grant Agreement if the Sponsor files with the Department,
no -initiated one-obtain a selfallocated to it in this Grant Agreement, the Sponsor may Should the Sponsor be unable to complete its Grant Project within the time initially 5. begins
when subsidized service commences. , only to revenue guarantees applicable, 49 U.S.C. 41743(d)(1)Title n year limitation set forth i-he threeT: . 8
3. 48 or airport at issue in with the air carrier, and not for general marketing of the citycity pairs shown in the revenue guarantee agreement to the specific-are marketguarantee,
the Sponsor may seek reimbursement only for marketing activities that rvices conducted under a revenue addition, for grants involving marketing of seIn each invoice is relevant to the
authorized grant project and has been paid. and evidence of payment. In addition, the legal sponsor is required to certify that ure and how it relates to the grant project, expenditure,
details about the expenditreimbursements, grant recipients must provide invoices or other evidence of the In seeking has paid for such services instead of the Sponsor.Commerce) Economic
Development Board, a Visitors’ Bureau, or a Chamber of an (such as, but not limited to, from the Department in any case where a third party seek reimbursement notThe Sponsor may
reimbursement from the Department.eligible invoices, including costs incurred by third parties, prior to seeking associated with all costs must have paidponsor The Legal Sthis grant
program. incurred by third parties are not directly reimbursable to such third parties under Expenditures : including invoices and proof of payment of the invoice. ursement of the
Sponsor, include sufficient documentation to justify reimbbelow. All reimbursement requests to DOT shall , and Sections C.3.f, above, and Section C.3.cabove), subject to and C.3.b
aC.3. sset forth in Sectionis osts Project Cash C otalTFederal share of ific the specexpenditures submitted (of all valid ercentp 65.38 basis for monthlyreimburse the Sponsor on a
basis. DOT will monthlythose covered by the Federal contribution) on a above (those to be covered by the local and/or state contribution, as well as Section set forth in Total Project
Cash Costs above, and included in the Section roject set forth in PGrant associated with the evidence of all expenditures documentary To seek reimbursement from DOT, the Sponsor shall
submit e. that the full Local Share is provided. contributions to complete the Local Share, the Sponsor is responsible for ensuring If the Sponsor is seeking private . seeking reimbursement
from DOTroject prior to P Grant The Sponsor shall pay the costs associated with the d. .rojectPrant Gimplementation of the ontributions approved by DOT, toward Cind K-nIpplication,
or alternative AGrant described in its ontributionsCind K-nI anyde he community will proviT c. above.the Grant Project described in Section 2 costs arising from are Cash Costs, Grant
Project’s Total Project for the 850,000Payment by DOT shall not exceed $ b. 451,956$ Kind Contribution:-In 200,000 $ Airport Share: 250,000 $ Local Share: 0
$ State Share: 850,000$ Federal Share: 1,300,000 $ Costs:Total Project a. Funding
this Grant Agreement.49 .earlierroject, whichever occurs Prant Gthis Grant Agreement or conclusion of the shall be made to DOT within three months after expiration of rojectGrant
Pthe of the Sponsor’s assessment of (in a format to be provided by DOT) Final report d. .forms.html-reporting-award-https://www.grants.gov/forms/post orm is available atFederal Government
Grant system. The f425). This report is a financial reporting form used throughout the -Report (SFThe October Project report shall also include a completed Federal Financial c. .in
conjunction with the implementation of the Grant Project other third partiesns with (vi) status report on contract negotiatioand ; agreements financial incentive, or subsidy, , including
any revenue guaranteeAir Carriersnegotiations with contract any and all status report on )vmotional activities undertaken; (promarketing or all any and ) status report on v(i ;ontributions
were madeCind K-nI, including documentation evidencing that contributions approved by DOTKind -Party In-above and in the Grant Application, or alternative Thirdas described in Section
C.3.a rojectPrant Gcommitted to implementation of the ontributions Cind K-nIany and all report on progresstatus i)i(iject; roPrant Gconsultants in conjunction with implementation
of the any ) status report on the hiring of ii(; Grant Project described in Section C.2scope of the roject and the progress being made towards the Prant Gstatus of the ) brief narrative
detailing the (iProject report shall include the following: Each b. .32, 20April 15on is dueroject report Grant P The first .effectiveremains that the Grant Agreement on April
15 and October 15 of each yearDOT reports due to basis, with annual -semibelow, shall be reported to DOT on a ,bSection 4.Project reports, including progress on milestones as set forth
in Grant a. Reports4. ny of the funds reimbursed for expenses subsequently deemed ineligible.to DOT aherein (see Section B.4), DOT reserves the right to require that the Sponsor
return Should this Grant Agreement be terminated prior to the expiration date provided j. Sponsor and DOT. , unless otherwise agreed between the )4Section B.see (Agreement this Grant
of by the date of expiration All expenses for this Grant Project must be incurred i. Agreement.(60) calendar days after the date of expiration (see Section B.4) of this Grant ests
for reimbursement must be made by the Grant Recipient within sixty All requ h. item, or the like. -or misdirected to any other account, need, project, lineThe Sponsor shall ensure that
the funds provided by DOT are not misappropriated g. C.4 below. ect will be made after receipt by DOT of the final report set forth in Section rojPGrant of the Federal funding for
the (10%) percent tenPayment of the final f. . specific grants must display the destination city and/or airport name-all marketing materials that are for routeSpecifically,
5. 50 agreement financial incentive, or subsidy, with a copy of the revenue guaranteeprovided DOT No reimbursement by DOT will be made until the Sponsor has g. .is checked shall
apply only if this box l.5through C. g.5C. Sections: to Establish Service Air Carrier Financial Incentivesfor Agreements Utilizing Obligations Sponsor and DOT.between the the Execution
of this Grant Agreement, unless otherwise agreed after no air service by an Air Carrier has commenced within twelve (12) monthsterminate if At the sole option of DOT, funding under
this Grant Agreement may f. agreed between the Sponsor and DOTunless otherwise ,described above service the new air to provide agreement with an Air Carrierexecution of this Grant
Agreement if the Sponsor is unable to execute an terminate twelve (12) months after the At the sole option of DOT, funding may e. material.marketing/advertising expenditures for each
marketing component, and timeline for release of the forth in the Grant Application, including the types of media to be used, projected as set Agreement, the Sponsor shall submit to
DOT a detailed marketing planthree (3) months following the date of Execution of the Grant Within d. .is checked shall apply only if this box fthrough C.5. dC.5. sSection: to Establish
Air Service Marketing PlanObligations for Agreements Only Utilizing a ising material.marketing/advertexpenditures for each marketing component, and timeline for release of the forth
in the Grant Application, including the types of media to be used, projected as set Agreement, the Sponsor shall submit to DOT a detailed marketing planGrant three (3) months following
the date of Execution of the Within c. checkedis C.5.c shall apply only if this box : Section Marketing for Specific Existing Routesor Marketing Plan for General Airport MarketingObligation
for Agreements Utilizing a OT.Agreement by D. Failure to do so may result in termination of the Grant Agreement are metensure that the obligations set forth in this Grant The Sponsor
shall b. amendments or modifications executed, pursuant to Section B. nto the Grant Agreement, and any documents incorporated by reference iparties regarding this grant are consistent
with this Grant Agreement and the agreements. The Sponsor shall ensure that all agreements entered into with third OT with notice of any amendment to, or termination of such provide
DProject. The Sponsor shall, within fifteen (15) calendar days after execution, also and any consultants, Air Carriers, or other parties with respect to the Grant between the Community
provide DOT with a copy of all agreements executedexecution, fifteen (15) calendar days after their The Sponsor shall, within a. Sponsor Obligations
between the Sponsor and air carrier(s), including the cost and revenue bas 51 United States Department of Transportation. DOT: Sponsor.cluding the , inProjectGrant as participating
in the Grant Application All parties identified in the Community: Agreement.ve the meaning ascribed to it in Section D of this Grant This term shall haAssurances: regional air
carriers, commuter air carriers, and air taxi operators.scheduled and unscheduled air carriers, , without limitation,transportation, includingcertificated air carrier undertaking to
provide air -United States AAir Carrier: DEFINITIONS E. incorporated by reference into this Grant Agreement.The Assurances are integral parts to this Grant Agreement and are deemed
to be .these Assurances and any amendments or modifications theretowith Grant Recipient by the of this Grant Agreement and shall ensure compliance its signing conjunction with in
(Assurances) The Sponsor shall execute the attached assurances and certifications ASSURANCES D. agreement. relevant arrier under theAir Cactual service provided by the the for the
Grant Recipientto , DOT will only provide reimbursement upon service-providing the agreedAir Carrier stops , the agreement with the Community incentivefinancial agreement, or other
subsidy agreement, revenue guaranteea term of If during the l. and the DOT.or and implemented, unless otherwise agreed between the Spons been developeddescribed above if the marketing
program to support the service has not Air Carrier to provide the new air service execution of an agreement with an terminate within six (6) months after At the sole option of DOT,
funding may k. timeline for release of the marketing/advertising material.of media to be used, projected expenditures for each marketing component, and ypes as set forth in the Grant
Application, including the t detailed marketing planAir Carrier for service at the community, the Sponsor shall submit to DOT a six (6) months following the date of execution of an
agreement with an Within j. Sponsor and DOT.en the the Execution of this Grant Agreement, unless otherwise agreed betwe after no air service by an Air Carrier has commenced within
twelve (12) monthsterminate if At the sole option of DOT, funding under this Grant Agreement may i. between the Sponsor and DOT. unless otherwise agreed ,described above service the
new air to provide agreement with an Air Carrierexecution of this Grant Agreement if the Sponsor is unable to execute an terminate twelve (12) months after the At the sole option of
DOT, funding may h. ed.the compensation requirfor is
52 .41743§ 49 U.S.C. Title codified in 254) (FAA 2018). The program is -(Pub. L. No. 115thorization Act of 2018 63), and the FAA Reau-Extension Act of 2017 (Pub. L. No. 115the Disaster
Tax Relief and Airports and Airway as amended, )95-Pub. L. No. 112( 2012the FAA Modernization and Reform Act of subsequently reauthorized by , and )- L. .ubP( orization ActThe Century
in Aviation Reauth—by Vision 100 reauthorized, )-No. L. .ubP( -Century (AIR st Investment and Reform Act for the 21financial assistance program originally established under the Wendell
H. Ford Aviation aid -in-A grant Program (SCASDP):Small Community Air Service Development .ApplicationGrant ommunity in its Cby the describedroject pproposed A Proposal: and/or
the Sponsor, as the context indicates. DOT Party: .Kind Contributions)-Party In-(including Third sontributionCd inK-excluding any In, Grant Projectfor use in implementing the Application
Grant described in the Public, community, state, or private funds cal Share: type contractor under the Grant Agreement.-Recipient or a costd parties without charge to the Grant Federal
thir-Project and that are contributed by nonProperty or services that benefit the Grant Kind Contribution: -Party In-Kind/Third- ., including the SponsorCommunity receiving the SCASDP
grantGrant Recipient: 2 of this Grant Agreement.Section C.project set forth in The scope of the Grant Project: the docket as confidential material., including any information submitted
in 00--OST-Community in Docket DOTto DOT by the FY The complete document submitted Grant Application: in its entirety. 5-8-22DOT Order ) cs of this written agreement; and (extent
inconsistent with the term, except to the the Grant Applicationincluding the Assurances, in their entireties; (b) hments and exhibits to this Grant Agreement, all attac incorporating
by reference (a), and the Small Community Air Service Development Program participation in and setting forth the terms and conditions of the Community’s rojectGrant Pscope of the describing
the agreement between DOT and the Sponsor written This Grant Agreement: roject.Prant Gthe ecipient in implementing Rrant GFederal funds authorized for use by the Federal Share:
.Sponsorand the Grant Agreement by DOT thisSigning of ant Agreement:Execution of Gr
Sponsor Obligations: 53 and C.3.b.a C.3 sTotal Project Cash Costs are described in Section .ons)Kind Contributi-Party In-(including Third ontributionsCind K-nany I , excludingProjectrant
Gcompletion of the Sum of the Federal and local cash shares contributed toward Total Project Cash Costs: .rojectPrant Gfulfillment of the the and AgreementGrant nd oversee implementation
of thisto administer aAgreement Grant pursuant to this A government entity and legal sponsor of the Grant Recipient that agrees Sponsor: .efinition of Grant Agreement)see d(as set
forth above ement those documents incorporated by reference into the Grant Agreesponsibilities of the Sponsor under this Grant Agreement and R
GRANT AWARD 54 Title: Attest: Title Printed Name Signature of Sponsor’s Designated Official Representative By: (SEAL) Rochester, Minnesota
Rochester Airport Company .2202Executed this ________ day of ________________, .incorporated hereinurances attached hereto and of this Grant Agreement and the Asswith the terms
and conditions Project Grant Sponsor agrees to accomplish each element of the undersigned The ACCEPTANCE ProgramSmall Community Air Service Development Associate Director
(SEAL) United States Department of Transportation .2220, _________________day of ________ .and incorporated hereinAssurances attached hereto subject to the terms and conditions
of this Grant Agreement and the and is 49 U.S.C. § 41743Title is made in accordance with and Agreement Grant AwardThis
55 FY 2021 Rochester, MN Telephone Printed or Typed Name Signature of Sponsor’s Attorney in accordance with the terms thereof.constitutes a
legal and binding obligation of the Sponsor ,Agreement, including the Assurancesthat the said Grant will prevent full performance by the Sponsor. Further, it is my opinionthe Sponsor
or where Sponsor may make payments to others, there are no legal impediments that In addition, for grants involving projects to be carried out on property not owned by .eU.S. CodCommonwealth)
and Title 49 of the proper and in accordance with the laws of the said State (or representative has been duly authorized and that the execution thereof is in all respects due and eptance
thereof by said Sponsor and Sponsor’s official relating thereto, and find that the accFurther, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor Grant
Agreement under the laws of the State (or Commonwealth) of ________________. empowered to enter into the foregoing a government entity That in my opinion the Sponsor is , acting as
Attorney for the Sponsor do hereby certify: I, CERTIFICATE OF SPONSOR’S ATTORNEY
ATTACHMENT 56 Limitation on Use of Appropriated Funds to Influence Certain Federal Contracting and aa. 1104–1110 §§40 U.S.C. -Title IX of the Federal Property and Administrative Services
Act of 1949 z. 42 U.S.C. §§ 2000d, et seq. -Title VI of the Civil Rights Act of 1964 y. 29 U.S.C. § 794 -Section 504 of the Rehabilitation Act of 1973, as amended x. 1687–1685 and
§§ 1683–20 U.S.C. §§ 1681 -Title IX of the Education Amendments of 1972, as amended w. 42 U.S.C. § 12101, et seq. -with Disabilities Act of 1990 Americans v. 31 U.S.C. §§ 7501, et
seq. -Single Audit Act of 1984 u. 16 U.S.C. §§ 1271, et seq. –and Scenic Rivers Act Wild t. 42 U.S.C. §§ 4321, et seq. -National Environmental Policy Act of 1969 s. 18 U.S.C. § 874
and 40 U.S.C. § 3145 -kickback Act, as amended - r. 40 U.S.C. §§ 3701, et seq. -Contract Work Hours and Safety Standards Act q. 42 U.S.C. §§ 4151, et seq. -Architectural Barriers Act
of 1968 p. 2-290dd through 290dd §§Sections 523 and 527 of the Public Health Service Act of 1912, as amended, 42 U.S.C. o. 1996 §American Indian Religious Freedom Act, 42 U.S.C.
n. 42 U.S.C. §§ 6101, et seq. -Act of 1975, as amended Age Discrimination m. 42 U.S.C. §§ 4001 et seq. –Flood Disaster Protection Act of 1973 l. 16 U.S.C. §§ 1451 et seq. –Coastal
Zone Management Act k. 16 U.S.C. §§ 1531 et seq. –Endangered Species Act j. 33 U.S.C. §§ 1251, et seq. -Clean Water Act i. §§ 7401, et. seq. 42 U.S.C. –Clean Air Act h. 25 U.S.C.
§§ 3001, et seq. -Native American Graves Protection and Repatriation Act g. 54 U.S.C. §§ 312501, et seq. -Archeological and Historic Preservation Act of 1974 f. 54 U.S.C. § 306108
-National Historic Preservation Act of 1966 e. U.S.C. §§ 4601, et seq.42 -Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 d. 5 U.S.C. §§ 1501, et
seq. -Hatch Act c. 29 U.S.C. §§ 201, et seq. -Federal Fair Labor Standards Act b. 40 U.S.C. §§ 3141, et seq. -Bacon Act -sDavi a. General Federal Legislation greement include, but
are not limited to, the following:Grant Arecipients. The applicable provisions to this -and any applicable subSponsor organization of the ith the following requirements, as applicable,
to the type of governed by and in compliance wacceptance, and use of Federal funds for this Project. Performance under this agreement shall be executive orders, policies, guidelines,
and requirements as they relate to the application, plicable Federal laws, regulations, with respect to this Grant, that it will comply with all apassures and certifies, Sponsorgreement,
the FY 2021 SCASDP Grant ABy entering into this Applicable Federal Laws and Regulations GRANT ASSURANCES A
Financial Transactions 57 5 29 C.F.R. Part –contracts subject to the Contract Work Hours and Safety Standards Act) construction -abor standards provisions applicable to nonassisted
construction (also lLabor standards provisions applicable to contracts governing federally financed and f. 29 C.F.R. Part 3 –by loans or grants from the United States s and subcontractors
on public building or public work financed in whole or part Contractor e. 29 C.F.R. Part 1 –Procedures for predetermination of wage rates d. 14 C.F.R. Part 13 –Investigative and
Enforcement Procedures c. –procurement Suspension and Debarment -Non b. 2 C.F.R. Parts 200, 1201 –Federal Awards ts for Uniform Administrative Requirements, Cost Principles, and Audit
Requiremen a. General Federal Regulations Tackling the Climate Crisis at Home and Abroad –Executive Order 14008 h. America’s Workers Ensuring the Future is Made in All of America
by All of –14005 Executive Order g. Communities Through the Federal GovernmentAdvancing Racial Equity and Support for Underserved –Executive Order 13985 f. ProficiencyImproving
Access to Services for Persons With Limited English –Executive Order 13166 e. e PopulationsIncom-Populations and LowFederal Actions to Address Environmental Justice in Minority –Executive
Order 12898 d. Debarment and Suspension –Executive Order 12549 c. Intergovernmental Review of Federal Programs –Executive Order 12372 b. quE – Executive Order 11246 a. Executive
Orders 232-115No. 2019, Pub. L. Section 889 of the John D. McCain National Defense Authorization Act for Fiscal Year nn. 429, 129858, div. G, tit. IX, subtit. A, 135 Stat. -Pub. L.
No. 117 – Build America, Buy America Act mm. 252)–282, as amended by section 6202 of Public Law 110–109No. (Pub. L. bility Act of 2006, as amended The Federal Funding Transparency
and Accounta ll. Migratory Bird Treaty Act 16 U.S.C. §§ 703, et seq. kk. 16 U.S.C. §§ 1131, et seq. –ss Act The Wilderne jj. 42 U.S.C. §§ 300f, et seq. –Safe Drinking Water Act ii.
42 U.S.C. §§ 9601, et seq. –(CERCLA) Comprehensive Environmental Response, Compensation, and Liability Act of 1980 hh. U.S.C. § 138artment of Transportation Act of 1966, 49 U.S.C.
§ 303 and 23 Section 4(f) of the Dep gg. §§ 401 and 52533 U.S.C. -Section 9 of the Rivers and Harbors Act and the General Bridge Act of 1946 ff. –Fish and Wildlife Coordination Act
of 1956 ee. 42 U.S.C. §§ 4901, et seq. –Noise Control Act of 1972 dd. seq.7 U.S.C. §§ 4201, et –Farmland Protection Policy Act of 1981 cc. 5 U.S.C. § 552, as amended -Freedom of
Information Act bb. 31 U.S.C. § 1352 –
g.58 r circulars are hereby incorporated by reference into this agreement.regulations, ogreement by any of the above laws, AGrant this Specific assurances required to be included in
agreement)49 C.F.R. Part 26 (as applicable under section 18.3 of this –Financial Assistance Programs Enterprises in Department of Transportation Participation by Disadvantaged Business
r. C.F.R. Parts 37 and 3849 –the DOT’s standards for accessible transportation facilities in Part 37, Appendix A regulations for transit services and transit vehicles, including
DOT’s implementing ADA q. art 32C.F.R. P49 –Free Workplace (Financial Assistance) -Governmentwide Requirements for Drug p. 49 C.F.R. Part 30 –procurement market access to U.S. contractors
Denial of public works contracts to suppliers of goods and services of countries that deny o. Part 28 49 C.F.R. –Conducted by the Department of Transportation Enforcement of Nondiscrimination
on the Basis of Handicap in Programs or Activities n. 35 programs, services, and regulatory activities relating to transportation under 28 C.F.R. Part ocedures for all DOT’s implementation
of DOJ’s ADA Title II regulations compliance pr m. 27 49 C.F.R. Part –Benefiting from Federal Financial Assistance Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or l. 49 C.F.R. Part 25 –ancial Assistance Federal FinNondiscrimination on the Basis of Sex in Education Programs or Activities Receiving k. 49 C.F.R. Part 24 –assisted
programs Uniform relocation assistance and real property acquisition for Federal and Federally j. 49 C.F.R. Part 21 –ts Act of 1964 Effectuation of Title VI of the Civil Righ–Nondiscrimination
in Federally Assisted Programs of the Department of Transportation i. 49 C.F.R. Part 20 –New Restrictions on Lobbying h. Parts 60, et seq. 41 C.F.R. –nd federally assisted contracting
requirements) Department of Labor (Federal aOffice of Federal Contract Compliance Programs, Equal Employment Opportunity,
59 “Regulations,” respectively.ceding statutory and regulatory cites hereinafter are referred to as the “Acts” and The pre VI of the Civil Rights Act of 1964);Guidelines for Enforcement
of Title U.S. Department of Justice28 C.F.R. section 50.3 ( • ); 1964Effectuation Of Title VI Of The Civil Rights Act Of —Department Of TransportationAssisted Programs Of The -Federallydiscriminati
on In -49 C.F.R. Part 21 (entitled • race, color, national origin); (prohibits discrimination on the basis of., 78 stat. 252), et seqTitle VI of the Civil Rights Act of 1964 (42 U.S.C.
§ 2000d • Statutory/Regulatory Authorities e following:is subject to and will comply with th , the GranteeDepartment of Transportation (DOT) any Federal financial assistance from
the , as a condition to receiving HEREBY AGREES THAT“Recipient”), herein referred to as the Grantee (also he Program (SCASDP), tunder the Small Community Air Service Development By
signing and submitting the Grant Application and by entering into the Grant Agreement DOT Order No. 1050.2A iscrimination AssurancesD-Standard Title VI/Non rtment of Transportation
(USDOT)The United States Depa Parts 21, 25, 27, 37 and 38 C.F.R.49 Act, as amended)(Implementing the Rehabilitation Act of 1973, as amended, and the Americans With Disabilities
FINANCIAL ASSISTANCEROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL PASSISTED -ASSURANCE CONCERNING NONDISCRIMINATION IN FEDERALLY (Implementing Title VI of the Civil
Rights Act of 1964, as amended) TITLE VI ASSURANCE GRANT ASSURANCES ATTACHMENT B
General Assurances 60 .he Acts and the Regulationscontract or agreement subject to tThe Recipient will insert the clauses of Appendix A and E of this Assurance in every 3. ”national
origin in consideration for an award.invitation and will not be discriminated against on the grounds of race, color, or this opportunity to submit bids in response to and fair will
be afforded full entered into pursuant to this advertisement, disadvantaged business enterprises nsure that any contract ehereby notifies all bidders that it will affirmatively the
Regulations, 4) and-Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d, in accordance with the provisions of Title VI of the Civil Rights GranteeThe “ for negotiated agreements
regardless of funding source:and, in adapted form, in all proposals iscretionary Grantthe SCASDP Dconnection with For Proposals for work, or material subject to the Acts and the Regulations
made in The Recipient will insert the following notification in all solicitations for bids, Requests 2. .the Regulationsby, or pursuant to the Acts and conducted in compliance with
all requirements imposed will be (with regard to a “facility”) operated, or will be (with regard to a “program”) (b) and 21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”)
facilitated, or as defined in §§ 21.23 The Recipient agrees that each “activity,” “facility,” or “program,” 1. :Grant programederally assisted Fs with respect to its and gives the
following Assuranceand without limiting the above general Assurance, the Recipient agrees with ,More specifically Specific Assurances ederally assisted. any portion of the program
is F activities of the Recipient, so long asinclude all programs and discrimination statutes and requirements to-and coverage of these non wide scope-by restoring the broad, institutional
,Section 504 of the Rehabilitation Act of 1973)discrimination requirements (The Age Discrimination Act of 1975, and -tle VI and other NonTiThe Civil Rights Restoration Act of 1987 clarified
the original intent of Congress, with respect to .Recipient receives Federal financial assistance from DOT subjected to discrimination under any program or activity,” for which the
origin, be excluded from participation in, be denied the benefitsNo person in the United States shall, on the grounds of race, color, or national “ measures necessary to ensure that:
ce, the Recipient hereby gives assurance that it will promptly take any memoranda, and/or guidanIn accordance with the Acts, the Regulations, and other pertinent directives, circulars,
policy,
4.61 grantees, contractors, successors, transferees, and/or assignees to comply) with all -recipients, sub-also agrees to comply (and require any sub the GraBy signing this ASSURANCE,
regard to any matter arising under the Acts, the Regulations, and this Assurance.The Recipient agrees that the United States has a right to seek judicial enforcement with 10. .the
Acts, the Regulations, and this Assurance requirements imposed or pursuant toother participants of Federal financial assistance under such program will comply with all grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and -recipients, sub-ther recipients, subauthority to give reasonable guarantee that it, ofound by the Secretary of
Transportation or the official to whom he/she delegates specific The Recipient will provide for such methods of administration for the program as are 9. property.r possession of the
the period during which the Recipient retains ownership o b. similar services or benefits; or financial assistance is extended, or for another purpose involving the provision of the
period during which the property is used for a purpose for which the Federal a. or any transferee for the longer of the following periods:structures or improvements thereon, in which
case the Assurance obligates the Recipient, interest therein, or provide, or is in the form of, personal property, or real property, orassistance is extended to the program, except
where the Federal financial assistance is to That this Assurance obligates the Recipient for the period during which Federal financial 8. am.acquired or improved under the applicable
activity, project, or progrfor the construction or use of, or access to, space on, over, or under real property b. applicable activity, project, or program; and ansfer of real property
acquired or improved under the for the subsequent tr a. permits, or similar instruments entered into by the Recipient with other parties:ses, licenses, this Assurance, as a covenant
running with the land, in any future deeds, leaAppendix C and Appendix D of clude the clauses set forth in That the Recipient will in 7. .rights to space on, over, or under such propertyacquisition
of real property or an interest in real property, the Assurance will extend to That where the Recipient receives Federal financial assistance in the form, or for the 6. .connection
therewithpart of a facility, the Assurance will extend to the entire facility and facilities operated in That where the Recipient receives Federal financial assistance to construct
a facility, or 5. .Recipients thereon or interest therein to a of real property, structures, use, or improvementrunning with the land, in any deed from the United States effecting
or recording a transfer The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant
applicable provisions governing 62 s, and instructions. Where any information required of a with such Acts, Regulationto be pertinent to ascertain compliance DOT as may be determined
by the Recipient or permit access to its books, records, accounts, other sources of information, and its facilities and directives issued pursuant thereto and will ,required by the
Acts, the RegulationsThe contractor will provide all information and reports Information and Reports: 4. discrimination on the grounds of race, color, or national origin. -Nonlations
relative to the contractor’s obligations under this contract and the Acts and the Regu of equipment, each potential subcontractor or supplier will be notified by the contractor of work
to be performed under a subcontract, including procurements of materials, or leases In all solicitations, either by competitive bidding, or negotiation made by the contractor for Solicitations
for Subcontracts, Including Procurements of Materials and Equipment: 3. 21.ivity, project, or program set forth in Appendix B of 49 CFR Part contract covers any actprohibited by
the Acts and the Regulations, including employment practices when the equipment. The contractor will not participate directly or indirectly in the discrimination tors, including procurements
of materials and leases of selection and retention of subcontraccontract, will not discriminate on the grounds of race, color, or national origin in the The contractor, with regard
to the work performed by it during the discrimination: -onN 2. contract.erence and made a part of this from time to time, which are herein incorporated by refassisted programs of
the U.S. Department of Transportation, as they may be amended -discrimination in Federally-comply with the Acts and the Regulations relative to Nonafter includes consultants) will The
contractor (hereinCompliance with Regulations: 1. interest (hereinafter referred to as the “contractor”) agrees as follows:During the performance of this contract, the contractor,
for itself, its assignees, and successors in APPENDIX A . s ProgramSCASDP Discretionary Grant and their subcontractors, transferees, successors in interest, and any other participants
in thegrantees, contractors, subcontractors -recipients, sub-, other recipients, subthe Granteebinding on . This ASSURANCE is ants ProgramSCASDP Discretionary GrTransportation under
the financial assistance extended after the date hereof to the recipients by the U.S. Department of aid and Federal -loans, contracts, agreements, property, and/or discounts, or other
Federalany Federal grants, gives this ASSURANCE in consideration of and for obtaining The Grantee evaluation requirements, as prescribed by law or detailed in program guidance.and
accurate way. Additionally, you must comply with all other reporting, data collection, and complete, , or its designee in a timely, DOTand submit the material for review upon request
to . You must keep records, reports, DOTreviews, and/or complaint investigations conducted by staff. You also recognize that you must comply with any program or compliance facilities,
and access to records, accounts, documents, information, DOT’s
contractor is in the exclusive possession of another who fails or refuses to furnish the 63 or contained as follows, which will remain in effect for the period during which the real
property forever, subject, however, to the covenants, conditions, restrictions and reservations herein and its successors Granteesaid lands and interests therein unto TO HAVE AND
TO HOLD (HABENDUM CLAUSE) attached hereto and made a part hereof. lands described in Exhibit ADepartment of Transportation in and to said U.S. all the right, title and interest of
the Grantee4), does hereby remise, release, quitclaim and convey unto the -252; 42 U.S.C. § 2000d to 2000dpertaining to and effectuating the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. Department of Transportation U.S assisted programs of the -lydiscrimination in Federal-21, NonDepartment of Transportation, Subtitle A, Office of the Secretary,
Part U.S. Federal Regulations, and in compliance with all requirements imposed by Title 49, Code of thereon in accordance withtain the project constructed will accept title to the
lands and mainGrantee condition that the Department of Transportation as authorized by law and upon the U.S. the NOW, THEREFORE, the provisions of Assurance 4:reon, or granting interest
therein from the United States pursuant to structures, or improvements theThe following clauses will be included in deeds effecting or recording the transfer of real property, TRANSFERRING
UNITED STATES PROPERTYCLAUSES FOR DEEDS APPENDIX B igation to protect the interests of the United States.litthe Recipient. In addition, the contractor may request the United States
to enter into the contractor may request the Recipient to enter into any litigation to protect the interests of ion by a subcontractor, or supplier because of such direction, the threatened
with litigatsanctions for noncompliance. Provided, that if the contractor becomes involved in, or is may direct as a means of enforcing such provisions including DOTthe Recipient
or ake action with respect to any subcontract or procurement as thereto. The contractor will tequipment, unless exempt by the Acts, the Regulations and directives issued pursuant one
through six in every subcontract, including procurements of materials and leases of ontractor will include the provisions of paragraphs The cIncorporation of Provisions: 6. cancelling,
terminating, or suspending a contract, in whole or in part. b. complies; and/orwithholding payments to the contractor under the contract until the contractor a. to be appropriate,
including, but not limited to: may determine DOTsanctions as it or discrimination provisions of this contract, the Recipient will impose such contract -Non In the event of a contractor’s
noncompliance with the Sanctions for Noncompliance: 5. efforts it has made to obtain the information.set forth what , as appropriate, and will certify to the Recipient or DOT information,
the contractor will so
structures are used for a purpose for which Federal financial assistance is extended or for another 64 crimination in the use of said facilities. disexcluded from participation in,
denied the benefits of, or be otherwise subjected to amended) such that no person on the grounds of race, color, or national origin, will be compliance with all requirements imposed
by the Acts and Regulations (as may be in licensee, lessee, permittee, etc.) will maintain and operate such facilities and services another purpose involving the provision of similar
services or benefits, the (grantee, artment of Transportation activity, facility, or program is extended or for DepU.S. property described in this (deed, license, lease, permit, etc.)
for a purpose for which a In the event facilities are constructed, maintained, or otherwise operated on the 1. running with the land”\] that:case of deeds and leases add “as a covenant
hereof, does hereby covenant and agree \[in thepersonal representatives, successors in interest, and assigns, as a part of the consideration The (grantee, lessee, permittee, etc. as
appropriate) for himself/herself, his/her heirs, A. ions of Assurance 7(a):pursuant to the provis Granteeentered into by the The following clauses will be included in deeds, licenses,
leases, permits, or similar instruments OR PROGRAM ,UNDER THE ACTIVITY, FACILITYCLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED X CAPPENDI the purpose of Title VI.)
make clearnecessary in order to (*Reverter clause and related language to be used only when it is determined that such a clause is .*\]of Transportation and its assigns as such interest
existed prior to this instruction DepartmentU.S. land and facilities will thereon revert to and vest in and become the absolute property of the enter said lands and facilities on said
land, and that above described -will have a right to enter or rediscrimination conditions, the Department -mentioned non-the event of breach of any of the above, and (3) that in \[the
Civil Rights Act of 1964, and as said Regulations and Acts may be amendedDepartment of Transportation, Effectuation of Title VI of U.S. assisted programs of the -rallyFedediscrimination
in -Department of Transportation, Subtitle A, Office of the Secretary, Part 21, NonU.S. with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, ts in
lands and interests in lands so conveyed, in compliance will use the lands and interes Granteelocated wholly or in part on, over, or under such lands hereby conveyed \[,\] \[and\]*
(2) that the in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility from participation (1) no person will on the grounds of race, color,
or national origin, be excluded covenant and agree as a covenant running with the land for itself, its successors and assigns, that ation of the conveyance of said lands and interests
in lands, does hereby , in considerGranteeThe its successors and assigns., Granteepurpose involving the provision of similar services or benefits and will be binding on the
B.65 and its assigns.* Granteeo and vest in and become the absolute property of will there upon revert t Granteecovenants, discrimination -onNWith respect to deeds, in the event of
breach of any of the above C. issued.*and hold the same as if said (license, permit, etc., as appropriate) had never been made or d the facilities thereon, enter and repossess said
land an-etc., as appropriate) and to enter or rewill have the right to terminate the (license, permit, Granteediscrimination covenants, -Nonrespect to (licenses, leases, permits, etc.),
in the event of breach of any of the above B. or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.permittee, etc.) will use the premises in compliance
with all other requirements imposed by ise be subjected to discrimination, (3) that the (grantee, licensee, lessee, of, or otherwof race, color, or national origin, will be excluded
from participation in, denied the benefits on, over, or under such land, and the furnishing of services thereon, no person on the ground es, (2) that in the construction of any improvements
discrimination in the use of said facilitiwill be excluded from participation in, denied the benefits of, or be otherwise subjected to running with the land”) that (1) no person on
the ground of race, color, or national origin, leases add, “as a covenant hereof, does hereby covenant and agree (in the case of deeds andpersonal representatives, successors in interest,
and assigns, as a part of the consideration The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, A. b):pursuant to the provisions of Assurance
7( Granteeinstruments/agreements entered into by The following clauses will be included in deeds, licenses, permits, or similar UNDER THE ACTIVITY, FACILITY OR PROGRAMTRUCTION/USE/ACCESS
TO REAL PROPERTY ACQUIRED CLAUSES FOR CONS APPENDIX D the purpose of Title VI.) make clearnecessary to (*Reverter clause and related language to be used only when it is determined
that such a clause is and its assigns.* Granteethe absolute property of the nd vest in and become and the above described lands and facilities will there upon revert to aenter the
lands and facilities thereon, -will have the right to enter or re Granteecovenants, the discrimination -onNWith respect to a deed, in the event of breach of any of the above C. as
if the (lease, license, permit, etc.) had never been made or issued.*enter, and repossess said lands and facilities thereon, and hold the same -re etc.) and to enter,will have the right
to terminate the (lease, license, permit, Granteediscrimination covenants, -With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non
(*Reverter clause and related language to be used only when it is determined that such a clause is 66 of limited English proficiency (LEP). To ensure compliance with becausediscrimination
iciency, and resulting agency guidance, national origin discrimination includes ProfExecutive Order 13166, Improving Access to Services for Persons with Limited English • income populations;-enviro
nmental effects on minority and lowpolicies, and activities with disproportionately high and adverse human health or discouraging programs, which ensures discrimination against minority
populations by Income Populations, -Address Environmental Justice in Minority Populations and LowFederal Actions to , )as amended by Executive Order 12948Executive Order 12898 ( •
, national origin, and sex); (prohibits discrimination on the basis of race, coloriscrimination statute (49 U.S.C. § 47123) d-s Non’The Federal Aviation Administration • arts 37 and
38;C.F.R. Pation regulations at 49 12189) as implemented by Department of Transport –12131 (42 U.S.C. §§ systems, places of public accommodation, and certain testing entities the basis
of disability in the operation of public entities, public and private transportation itles II and III of the Americans with Disabilities Act, which prohibit discrimination on T • ederally
funded or not);grams or activities are Fwhether such prorecipients and contractors, -aid recipients, sub-programs or activities of the Federal expanding the definition of the terms
“programs or activities” to include all of the n Act of 1973, by Discrimination Act of 1975 and Section 504 of the Rehabilitatiocoverage and applicability of Title VI of the Civil Rights
Act of 1964, The Age ), (Broadened the scope, 592-100 . No.Lub. The Civil Rights Restoration Act of 1987, (P • ational origin, or sex); (prohibits discrimination based on race, creed,
color, n), as amended, .et seq01 471 Airport and Airway Improvement Act of 1982, (49 USC § • discrimination on the basis of age);.), (prohibits et seqe Discrimination Act of 1975, as
amended, (42 U.S.C. § 6101 The Ag • (prohibits discrimination on the basis of disability); and 49 CFR Part 27;.), as amended, et seqSection 504 of the Rehabilitation Act of 1973, (29
U.S.C. § 794 • the basis of sex);.), (prohibits discrimination on et seqAct of 1973, (23 U.S.C. § 324 Aid Highway-Federal • aid programs and projects); -ederalFederal or Fproperty
has been acquired because of ), (prohibits unfair treatment of persons displaced or whose .,et seq, (42 U.S.C. § 4601Assistance and Real Property Acquisition Policies Act of 1970, The
Uniform Relocation • and 49 CFR Part 21. (prohibits discrimination on the basis of race, color, national origin);., 78 stat. 252), et seqTitle VI of the Civil Rights Act of 1964 (42
U.S.C. § 2000d • iscrimination Authorities:D-Pertinent Non discrimination statutes and authorities; including but not limited to:-interest (hereinafter referred to as the “contractor”)
agrees to comply with the following non performance of this contract, the contractor, for itself, its assignees, and successors in During the APPENDIX E the purpose of Title VI.)
make clearnecessary to
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful 67 RecipientGrant Title Date Signature ).et seqof sex in education
programs or activities (20 U.S.C. 1681 becausediscriminating Title IX of the Education Amendments of 1972, as amended, which prohibits you from • ss to your programs (70 Fed. Reg.
at 74087 to 74100); acce
68 RecipientGrant Title Signature not more than $100,000 for each such failure.fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and action imposed by Section 1352, Title 31, U.S. Code. Any person who or entering into this transtransaction was made or entered into. Submission
of this certification is a prerequisite for making This certification is a material representation of fact upon which reliance was placed when this accordingly.tify and disclose grants,
loans and cooperative agreements) and that all subrecipients shall cerdocuments for all subawards at all tiers (including subcontracts, subgrants, and contracts under d shall require
that the language of this certification be included in the award (3) The undersigne accordance with its instructions.LLL, "Disclosure Form to Report Influencing Activities," in -complete
and submit Standard Formconnection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall gress in Congress, an officer or employee of Congress, or
an employee of a Member of Confor influencing or attempting to influence an officer or employee of any agency, a Member of other than Federal appropriated funds have been paid or will
be paid to any person (2) If any funds or cooperative agreement.extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the ing of any Federal of Congress in connection with the awarding of any Federal contract, the makagency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member to any person for influencing or attempting to influence an officer or employee of any undersigned,
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the The undersigned certifies, to the best of his or her knowledge and belief, that: and Cooperative
Agreements Certification for Contracts, Grants, Loans, CERTIFICATION REGARDING INFLUENCING ACTIVITIES OFFICE OF AVIATION ANALYSIS OFFICE OF THE SECRETARY DEPARTMENT OF TRANSPORTATION
UNITED STATES OF AMERICA
69 Grant Recipient Signature __________________________ ______________________________________________ es on file that are not identified here.Check \[ \] if there are workplac
where work is performed that is supported by the grant award.es award, workplaces include outstations, maintenance sites, headquarters office locations, training sites and any other
worksitservice pursuant to the grant Places of Performance (street address, city, county, state, zip code). For the provision of air done in connection with the specific grant.,
but is not required to, insert in the space provided below the site for the performance of work pient B. The grant reci (b), (c), (d), (e) and (f).free workplace through implementation
of paragraphs (a), -(g) Making a good faith effort to continue to maintain a drug poses by a Federal, State or local health, law enforcement, or other appropriate agency;approved for
such pur(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program the requirements of the Rehabilitation Act of 1973, as amended,
orloyee, up to and including termination, consistent with (1) Taking appropriate personnel action against such an emp --employee who is so convicted(f) Taking one of the following
actions, within 30 days of receiving notice under paragraph (d)(2), with respect to any nclude the order number of the grant award;including position title, to the Office of Aviation
Analysis. Notice shall iemployee or otherwise receiving actual notice of conviction. Employers of convicted employees must provide notice, dar days after receiving notice under paragraph
(d)(2) from an (e) Notifying the agency in writing, within ten calen workplace no later than five calendar days after such conviction;(2) Notify the employer in writing of his or
her conviction for a violation of a criminal drug statute occurring in the statement; and(1) Abide by the terms of the --the grant award, the employee will(d) Notifying the employee
in the statement required by paragraph (a) that, as a condition of employment supported by be given a copy of the statement required by paragraph (a);ward (c) Making it a requirement
that each employee to be engaged in the performance of work supported by the grant a (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace; employee assistance programs; and (3) Any available drug counseling, rehabilitation, and free workplace;-(2) The grant recipient's policy of maintaining a drug (1) The
dangers of drug abuse in the workplace; --free awareness program to inform employees about-Establishing an ongoing drug(b) against employees for violation of such prohibition; use
of a controlled substance is prohibited in the grant recipient’s workplace, and specifying the actions that will be taken that the unlawful manufacture, distribution, dispensing, possession
or (a) Publishing a statement notifying employees free workplace by:-A. The grant recipient certifies that it will, or will continue, to provide a drug THE SMALL COMMUNITY AIR
SERVICE DEVELOPMENT PROGRAMCOMMUNITY AIR SERVICE PURSUANT TO GRANT AWARD UNDER IN THE PERFORMANCE OF SMALL FREE WORKPLACE REQUIREMENTS-CERTIFICATION REGARDING DRUG OFFICE OF AVIATION
ANALYSIS OFFICE OF THE SECRETARY DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA
70 participant may decide the method and frequency by which it determines the eligibility of its 1200 or 48 CFR Part 9, Subpart 9.4, unless it knows that the certification is erroneous.
A 2 CFR Parts 180 or pursuant to ineligible, or voluntarily excluded from the covered transactionin a lower tier covered transaction that it is not proposed for debarment, debarred,
suspended, n a covered transaction may rely upon a certification of a prospective participant 8. A participant i covered transactions.without modification, in all lower tier covered
transactions and in all solicitations for lower tier Transaction," available from the department or agency entering into this covered transaction, Lower Tier Covered --Debarment, Suspension,
Ineligibility and Voluntary Exclusion 7. The Sponsor further agrees that it will include the clause titled "Certification Regarding into this transaction.Part 9, Subpart 9.4, unless
authorized by the department or agency entering or 1200 or 48 CFRvoluntarily excluded from participation in this covered transaction pursuant to 2 CFR Parts 180 with a person who is
proposed for debarment, debarred, suspended, declared ineligible, or wingly enter into any lower tier covered transaction 6. The Sponsor agrees that it shall not kno this proposal is
being submitted for assistance in obtaining a copy of those regulations.rules implementing Executive Order 12549. You may contact the department or agency to which s and Coverage sections
of the used in this clause, have the meanings set out in the Definitionparticipant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as terms covered
transaction, debarred, suspended, ineligible, lower tier covered transaction, 5. The submitted or has become erroneous by reason of changed circumstances.proposal is submitted if at
any time the Sponsor learns that its certification was erroneous when provide immediate written notice to the department or agency to which this 4. The Sponsor shall transaction for
cause or default.remedies available to the Federal Government, the department or agency may terminate this determined that the Sponsor knowingly rendered an erroneous certification,
in addition to other If it is later placed when the department or agency determined to enter into this transaction. 3. The certification in this clause is a material representation
of fact upon which reliance was disqualify such person from participation in this transaction.planation shall this transaction. However, failure of the Sponsor to furnish a certification
or an exconsidered in connection with the department or agency's determination whether to enter into ide the certification set out below. The certification or explanation will be why
it cannot provin denial of participation in this covered transaction. The Sponsor shall submit an explanation of 2. The inability of a person to provide the certification required below
will not necessarily result ance and certification set out below.assur1. By entering in the SCASDP Grant Agreement and signing below, the Sponsor is providing the Instructions for
Certification 2 C.F.R. Part 1200, 2 C.F.R. Part 180 PRIMARY COVERED TRANSACTIONS --RESPONSIBILITY MATTERS DEBARMENT, SUSPENSION, AND OTHER CERTIFICATION REGARDING OFFICE OF THE SECRETARY
OF TRANSPORTATION
71 Title _____________________________ ______________________________ Affiliation Name _____________________________ _______________________________ Sponsor shall
attach an explanation to this proposal.tify to any of the statements in this certification, such (2) Where the Sponsor is unable to cer transactions (Federal, State or local) terminated
for cause or default.year period preceding this Grant Agreement had one or more public -(d) Have not within a three (1)(b) of this certification; andated in paragraph entity (Federal,
State or local) with commission of any of the offenses enumer(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental making false statements,
or receiving stolen property;or destruction of records, or commission of embezzlement, theft, forgery, bribery, falsification transaction or contract under a public transaction; violation
of Federal or State antitrust statutes th obtaining, attempting to obtain, or performing a public (Federal, State or local) connection wia civil judgment rendered against them for commission
of fraud or a criminal offense in year period preceding this Grant Agreement been convicted of or had -(b) Have not within a three voluntarily excluded by any Federal department or
agency; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or (1) The Sponsor certifies to the best of its knowledge and belief, that it and its
principals: Primary Covered Transactions --Ineligibility and Voluntary Exclusion Certification Regarding Debarment, Suspension, may terminate this transaction for cause or default.,
in addition to other remedies available to the Federal Government, the department or agency 9.4rsuant to 2 CFR Parts 180 or 1200 or 48 CFR Part 9, Subpart pu participation in this transactionpropose
d for debarment, suspended, debarred, ineligible, or voluntarily excluded from a covered transaction knowingly enters into a lower tier covered transaction with a person who is e instructions,
if a participant in 10. Except for transactions authorized under paragraph 6 of thes prudent person in the ordinary course of business dealings.and information of a participant is not
required to exceed that which is normally possessed by a ired by this clause. The knowledge records in order to render in good faith the certification requ9. Nothing contained in the
foregoing shall be construed to require establishment of a system of procurement Programs.-Federal Procurement and Nond to, check the List of Parties Excluded from principals. Each
participant may, but is not require
72 procurement Programs.-and Nons Excluded from Federal Procurement may, but is not required to, check the List of Partieand frequency by which it determines the eligibility of its
principals. Each participant unless it knows that the certification is erroneous. A participant may decide the method CFR Part 9, Subpart 9.4, pursuant to 2 CFR Parts 180 or 1200 or
48 covered transactiondebarred, suspended, declared ineligible, or voluntarily excluded from participation in the participant in a lower tier covered transaction that it is not proposed
for debarment, ospective 7. A participant in a covered transaction may rely upon a certification of a pr covered transactions and in all solicitations for lower tier covered transactions.Lower
Tier Covered Transaction," without modification, in all lower tier --Exclusion luntary titled "Certification Regarding Debarment, Suspension, Ineligibility and Vo6. The prospective
lower tier participant shall further agree that it will include this clause department or agency with which this transaction originated.unless authorized by the to 2 CFR Parts 180
or 1200 or 48 CFR Part 9, Subpart 9.4, pursuant ineligible, or voluntarily excluded from participation in this covered transactiontransaction with a person who is proposed for debarment,
debarred, suspended, declared lower tier covered transaction be entered into, it shall not knowingly enter into any 5. The prospective lower tier participant shall agree that, should
the proposed covered regulations.person to which this proposal is submitted for assistance in obtaining a copy of those theand Coverage sections of rules implementing Executive Order
12549. You may contact voluntarily excluded, as used in this clause, have the meaning set out in the Definitions ion, participant, person, primary covered transaction, principal, proposal,
and transact4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered erroneous by reason of changed circumstances.participant learns that its certification
was erroneous when submitted or had become ime the prospective lower tier person to which the certification is submitted if at any t3. The prospective lower tier participant shall provide
immediate written notice to the remedies, including suspension and/or debarment.with which this transaction originated may pursue available the department or agencyerroneous certification,
in addition to other remedies available to the Federal Government it is later determined that the prospective lower tier participant knowingly rendered an ce is placed when a transaction
is entered into. If representation of fact upon which relian2. The certification required by a prospective lower tier participant is a material providing the assurance and certification
set out below.entering into the SCASDP Grant Agreement and signing below, the Sponsor is 1. By Instructions for Certification TRANSACTIONSLOWER TIER COVERED --INELIGIBILITY AND VOLUNTARY
EXCLUSION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OFFICE OF THE SECRETARY OF TRANSPORTATION
73 Date __________________________ Affiliation __________________________ Title __________________________ Name ___________________________ ion to the certification.participant
attaches an explanatstatements in the certification, the Sponsor shall ensure that such lower tier prospective (2) Where the prospective lower tier participant is unable to certify
to any of the Federal department or agency.ant Project by any declared ineligible, or voluntarily excluded from participation in the Grneither it nor its principals is presently debarred,
suspended, proposed for debarment, (1) The Sponsor shall ensure that any prospective lower tier participant certifies that below.providing the assurance set forth in paragraphs (1)
and (2) By entering into the SCASDP Grant Agreement and signing below, the Sponsor is Lower Tier Covered Transactions Exclusion fication Regarding Debarment, Suspension, Ineligibility
and Voluntary Certi originated may pursue available remedies, including suspension and/or debarment.to the Federal Government, the department or agency with which this transaction Parts
180 or 1200 or 48 CFR Part 9, Subpart 9.4, in addition to other remedies available pursuant to 2 CFR voluntarily excluded from participation in the covered transactionwith a person
who is proposed for debarment, debarred, suspended, declared ineligible, or t in a covered transaction knowingly enters into a lower tier covered transaction participan9. Except for
transactions authorized under paragraph 5 of these instructions, if a normally possessed by a prudent person in the ordinary course of business dealings.edge and information of a participant
is not required to exceed that which is The knowlsystem of records in order to render in good faith the certification required by this clause. 8. Nothing contained in the foregoing
shall be construed to require establishment of a
74 authority responsible for collecting the tax liability.and that is not being paid in a timely manner pursuant to an agreement with the en exhausted, or have lapsed, which all judicial
and administrative remedies have bemeans an unpaid Federal tax liability that has been assessed, for ”Tax Delinquency“ Transaction, or an entity who enters into a Covered Transaction.ent,
an entity who submits a proposal for a Covered means the Recipi ”Participant“ 3559.as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. defined in
a section of the United States Code that specifically classifies the offense law and includes conviction of an offense criminal violation under any Federalmeans a conviction within
the preceding 24 months of a felony ”Felony Conviction“ loan, or loan guarantee.and that is a contract, memorandum of understanding, cooperative agreement, grant, s any funds under
this award means a transaction that use ”Covered Transaction“ For the purposes of this exhibit, the following definitions apply: Definitions. 1. The Recipient therefore agrees: necessary
to protect the interests of the Government.is not suspension or debarment corporation and made a determination thagency has considered suspension or debarment of the Federal unless
apreceding 24 months, where the awarding agency is aware of the conviction, nvicted of a felony criminal violation under any Federal law within the Was co debarment is not necessary
to protect the interests of the Government; or debarment of the corporation and made a determination that suspension or agency has considered suspension or Federal the unpaid tax liability,
unless agency is aware of responsible for collecting the tax liability, where the awarding abeing paid in a timely manner pursuant to an agreement with the authority and administrative
remedies have been exhausted or have lapsed, and that is not en assessed, for which all judicial Has any unpaid Federal tax liability that has be provide a loan or loan guarantee
to, any corporation that:of understanding, or cooperative agreement with, make a grant to, or memorandumed under this award shall not be used to enter into a contract, the funds provid4200.6,
implemented through USDOT Order ), and -6(Pub. L. 11 21Appropriations Act, 20Consolidated the EDivision Title VII, 744 and 745As required by sections FELONY CONVICTION UNDER ANY
FEDERAL LAWDELINQUENT TAX LIABILITY OR A REQUIREMENTS REGARDING OFFICE OF THE SECRETARY OF TRANSPORTATION
75 require the SAM check in section 2; subawards, the Recipient shall:For all Covered Transactions, including all tiers of subcontracts and Flow Down. 6. notify the USDOT in writing
of that inaccuracy. inaccurate when made or became inaccurate after being made, the Recipient shall If the Recipient knows that a Participant’s certification under section 1 was
1, the Recipient shall notify the USDOT in writing of that affirmative response.n in section If a Participant provides an affirmative response to either certificatio writing of that
entry.Delinquency or a Felony Conviction, the Recipient shall notify the USDOT in If the SAM entry for a Participant indicates that the Participant has a Tax Mandatory Notice to
the USDOT. 5. entity are not necessary to protect the interests of the Government.unless the USDOT has determined in writing that suspension or debarment of that a Covered Transaction
with that entity or continue shall not enter then a Participant inaccurate after being madeas inaccurate when made or became w 3 an entity’s certification under section or; ither
certification in section 3an entity provides an affirmative response to e a Federal Conviction;Delinquency or for an entity indicates that the entity has a Tax the SAM entry If
Prohibition. 4 has a Felony Conviction. Certify whether the entity has a Tax Delinquency; and Certify whether the entity entity, a Participant shall require that entity to:Before
entering a Covered Transaction with another Mandatory Certifications. 3. entity.for an entry describing that http://www.sam.gov/) at ”SAM the “Award Management (Transaction with
another entity, a Participant shall check the System for Covered Before entering a Mandatory Check in the System for Award Management. 2.
76 that would require the Recipient to notify the USDOT under section 5.require all Participants to notify the Recipient in writing of any information include the prohibition in
section 4; and )(3 require the certifications in section 3;
77 rented vehicles; orowned, leased or -icles or Governmentrented veh-owned or -(i) Company —distracted drivers including policies to ban text messaging while driving(1) adopt and
enforce workplace safety policies to decrease crashes caused by encouraged to:t, subrecipients, contractors, and subcontractors are Driving (Dec. 30, 2009), the Recipien Messaging
WhileReducing Text Messaging While Driving (Oct. 1, 2009) and DOT Order 3902.10, Text In accordance with Executive Order 13513, Federal Leadership on Workplace Safety. (b) tribal
governments at all levels. Government and State, local, and” includes the United States GovernmentTerm B.3For the purpose of this stopped in a location off the roadway where it is
safe and legal to remain stationary.programmed into the device either before driving or while destination and route are that is secured in a commercially designed holder affixed to
the vehicle, provided that the local law. The term also does not include glancing at or listening to a navigational device nless this practice is prohibited by State or outgoing call
or answer an incoming call, uelectronic device for the limited purpose of entering a telephone number to make an electronic data communication. The term does not include the use of
a cell phone or other r form of electronic data retrieval or navigational information, or engaging in any othemailing, instant messaging, obtaining -purpose of Short Message Service
(SMS) texting, enavigational tools, laptop computers, or other electronic devices), including for the but not limited to, cell phones, into any handheld or other electronic device (including,
” means reading from or entering data messaging Text, “Term B.3For the purpose of this is safe and legal to remain stationary.h or without the motor running) in a location off the
roadway where it in your vehicle (witsignal, a stop sign, another traffic control device, or otherwise. It does not include being roadway, including while temporarily stationary because
of traffic congestion, a traffic ” means operating a motor vehicle on a Driving, “m B.3For the purpose of this -34-vehicle excluded under Federal Management Regulation 102or Federal
roadway, but does not include a military design motor vehicle or any other mechanical power, designed and operated principally for use on a local, State drawn by propelled or -” means
any vehicle, self Motor Vehicles, “Term B.3For the purpose of this order.2009). For clarification purposes, they may expand upon the definitions in the executive Reducing Text Messaging
While Driving (Oct. 1, Order 13513, Federal Leadership on DOT Order 3902.10, Text Messaging While Driving (Dec. 30, 2009) and Executive definitions inThe following definitions are
intended to be consistent with the Definitions. (a) CY TO BAN TEXT MESSAGING WHILE DRIVINGRECIPIENT POLI OFFICE OF THE SECRETARY OF TRANSPORTATION
78 items.shelf --contracts and subcontracts for the acquisition of commercially available offpurchase threshold, other than -eed the microsubcontracts under this award that excthe
substance of this exhibit, including this paragraph (c), in all subawards, contracts, and he Recipient shall insert To the extent permitted by law, tontracts. C Subawards and(c) ciated
with texting while driving.safety risks asso(ii) Education, awareness, and other outreach to employees about the programs to prohibit text messaging while driving; andevaluation of
existing -(i) Establishment of new rules and programs or re —of the business, such aswith the size (2) Conduct workplace safety initiatives in a manner commensurate when performing
any work for or on behalf of the Government.owned vehicles when on official Government business or -(ii) Privately
79 from the domestic content procurement preference in this award term.When necessary, the Recipient may apply for, and the USDOT may grant, a waiver Waivers. tructure project.integral
part of the structure or permanently affixed to the infrasequipment, that are used at or within the finished infrastructure project, but are not an equipment and furnishings, such as
movable chairs, desks, and portable computer reference apply to completion of the infrastructure project. Nor does a Buy America pas temporary scaffolding, brought to the construction
site and removed at or before the infrastructure project. As such, it does not apply to tools, equipment, and supplies, such ixed to an articles, materials, and supplies that are consumed
in, incorporated into, or affThe domestic content procurement preference in this award term only applies to Inapplicability. States. ing processes for the construction material
occurred in the United all manufacturthis means that —all construction materials are manufactured in the United States all components of the manufactured product; andor manufactured
in the United States is greater than 55 percent of the total cost of t are mined, produced, the cost of the components of the manufactured product thathis means the manufactured product
was manufactured in the United States; and —all manufactured products used in the project are produced in the United States s, occurred in the United States;application of coatingmeans
all manufacturing processes, from the initial melting stage through the this —all iron and steel used in the project are produced in the United States infrastructure unless:funds
provided under this award for a project for The Recipient shall not use Produced in the United States.Requirement to Use Iron, Steel, Manufactured Products, and Construction Materials
Programs for Infrastructure.”idance on Application of Buy America Preference in Federal Financial Assistance Gu 11, “Initial Implementation -22-Management and Budget (OMB) Memorandum
M58, div. G, tit. IX, subtit. A, 135 Stat. 429, 1298 (2021) and Office of -No. 117This award term implements § 70914(a) of the Build America, Buy America Act, Pub. L. TION MATERIALSPRODUCTS,
AND CONSTRUCREQUIRED USE OF AMERICAN IRON, STEEL, MANUFACTURED OFFICE OF THE SECRETARY OF TRANSPORTATION
80 iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, material, or supply exceeds 50 percent of the total cost of all its components. The
cost of cost of the iron and steel content in the article, “Primarily iron or steel” means that the produced in the United States.produced in the United States; or the construction
materials used in the project are are produced in the United States; the manufactured products used in the project are n the project “Domestic content procurement preference” means
all iron and steel used i drywall. • lumber; or • glass (including optic glass); • building materials, and polymers used in fiber optic cables);based products (including polyvinylchloride,
composite -c and polymerplasti • ferrous metals;- • is or consists primarily of:that —aggregates such as stone, sand, or gravel; or aggregate binding agents or additivesprimarily iron
or steel; a manufactured product; cement and cementitious materials; other than an item of —upply“Construction materials” includes an article, material, or s Definitions . america-in-policy/made-p
olicy/transportation-https://www.transportation.gov/officewaiver described at There may be instances where an award qualifies, in whole or in part, for an existing than 25 percent.ll
project by more produced in the United States will increase the cost of the overathe inclusion of iron, steel, manufactured products, or construction materials of a satisfactory
quality; ored in the United States in sufficient and reasonably available quantities or producthe types of iron, steel, manufactured products, or construction materials are not the
public interest;applying the domestic content procurement preference would be inconsistent with ference in any case in which the USDOT determines that:procurement preapplies, the
awarding official may waive the application of the domestic content When the USDOT has made a determination that one of the following exceptions reviewed by the Office of Management
and Budget (OMB) Made in America Office. requests are subject to public comment periods of no less than 15 days and must the format, contents, and supporting materials required for
any waiver request. Waiver must be in writing. The USDOT will provide instructions on the waiver process and on nce A request to waive the application of the domestic content procurement
prefere
81 the United States.“Project” means the construction, alteration, maintenance, or repair of infrastructure in the iron or steel is not relevant to the determination of whether it
is domestic or foreign.good faith estimate of the cost of iron or steel components. The origin of the elements of , castings, or forgings utilized in the manufacture of the product
and a plate, or sheet)
RESOLUTION82Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST:
__________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND ADOPTED
BY THE COMMON COUNCIL OF THE CITY OF. City of Rochesterany amendments on behalf of the are authorized to execute this agreement and City Clerkand the Mayor2.That the AirportRochester
International Community Air Service Development Grant” at the “Small , DOT-OST-2022-0003-0034#: DOCKET 69A34521400100034FAIN: 20.930 ALN/CFDA No. Agreement DOTU.S. the That 1.BE IT
RESOLVED by the Common Council of the City of Rochester as follows: Service Development.Authorization to Execute U.S. DOT Grant Agreement for Small Community Air
M 83 detneserp?yduts?tcapmi?snoissime?GHG?ruO?.seigetarts?elbanoitca?fo?tes?a?htiw?krow?siht?nopu?tliub?nalPkroW?ytinummoC?ycneiliseR?&?ytilibaniatsuS?tnecer?eht?,tniop?gnitrats?a?htiw?ytiC?eht?dediv
orp?PAE?ehT??noitareneg?ygrene?elbawener?%001?ot?gnittimmoCmetsys?ygrene?tcirtsid?a?gnipoleveDycilop?)FIT(?gnicnanif?tnemercni-xat?lacol?ruo?otni?senilediug?gnidliub?elbaniatsus?gnitaroprocnIerutcurt
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nicuder?dnemmocer?stegrat?desab-ecneics?tnecer?tsom?ehT??.snoitalupop?efildliw?dna?namuhruo?fo?htlaeh?eht?sserts?dna?,ymonoce?ruo?tcapmi?,erutcurtsarfni?egamad?,ytilauq?retaw?dna?noitcudorpdoof?lacol
?tceffa?etamilc?ruo?ni?segnahC?.stneve?taeh?emertxe?dna?llafniar?yvaeh?gnisaercni?htiwrettew?dna?remraw?gnimoceb?etamilc?ruo?ees?ew?,atosenniM?ni?ereH?.stcapmi?sti?dna?egnahc?etamilcno?stnemssessa?el
pitlum?gnidulcni?,detfard?saw?PAE?eht?ecnis?sraey?01?tsomla?eht?ni?degnahc?sah?tol?A?0502?yb?%08?,5202?yb?%03?,5102?yb?%51?;fo?snoitcuder?snoissime?GHG5202?yb?ygrene?elbawener?%52sgnivas?ygrene?launn
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dliuB,ylppuS?dna?noitareneG?rewoP?:seirogetac?eerht?ni?seitiroirp?tes?dna?7002?morf?atad?gnisu?snoissime)GHG(?sag?esuohneerg?dna?esu?ygrene?fo?yrotnevni?enilesab?a?dedivorp?)PAE(?nalP?noitcA?ygrenE?e
hT:evitarraN?tropeR?.slaog?noitcuder?snoissime?)GHG(?sag?esuohneerg?tnerruc?s'ytiC?eht?ot?setadpu?desoporp?eht?gnitpodA:detseuqeR?noitcA???01.FslaoGnoitcudeR?snoissimE?saG?esuohneerG?ytiC?detadpU
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o 84:stnemhcattA nesneJ?neruaL:yB?deraperP?.emit?siht?ta?detseggus?noitca?evitanretla?rehto?oN:)s(noitcA?evitanretlA?.snalp?gnitroppus?eht?ni?deniltuo?yawhtap?noitatnemelpmi?llarevo?ehtdna?ssergorp?n
o?desab?detaulave?eb?lliw?sdeen?gnidnuf?erutuF?.setammaet?ytiC?yb?deusrup?seitinutroppognidnuf?ro?tnarg?dna?tegdub?ytilibaniatsuS?eht?yb?detroppus?si?slaog?detpoda?eht?teem?ot?enod?kroW.tegdub?eht?tc
effa?yltcerid?ton?seod?dna?slaog?detpoda?yltnerruc?ot?etadpu?na?gnitseuqer?si?meti?sihT:tcapmI?ecruoseR?&?lacsiF noissimbus?rof?ACR?troppus?ot?setoV?-?gniteeM?noissimmoC?ygrenE?:2202?01?.guAyciloP?gn
ikramhcneB,slaoG?GHG?,noissimmoC?ytilibaniatsuS?;etadpU?ytilibaniatsuS?-?noisseS?ydutS?:2202?,52?yluJstegrat?laog?gnitacidni?,slaog?noitcuder?snoissimeGHG?detadpu?rof?ACR?na?tfard?ot?ffats?troppus?ot
?setoV?-?gniteeM?noissimmoC?ygrenE?:2202?,8?enuJsisylana?tcapmi?,noitcuder?snoissime?sag?esuohneerG?-?noisseS?ydutS?:2202?,81?lirpAnalP?kroW?ytinummoC?ycneiliseR?&?ytilibaniatsuS?-?noisseS?ydutS?:120
2?,12?enuJdetpodA?nalP?noitcA?ygrenE?-?gniteeM?licnuoC?:7102?,6?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.stegratdetpoda?sdrawot?krow?ot?eunitnoc?ot?stroffe?setammaet?dna?snalp?eseht?fo?h
cae?troppus?slaog?detadpudetseggus?esehT?.setammaet?ytilibaniatsus?rof?snalp?krow?eht?mrofni?dna?tcerid?snalp?htoB?.snoitcudersnoissime?rof?seigetarts?cificeps?gniniltuo?,nalP?noitcA?ygrenE?gnitsixe?
eht?stroppus?dna?stnemilpmoc1202?ni?detelpmoc?nalP?kroW?ytinummoC?ycneiliseR?&?ytilibaniatsuS?ehT?.7102?ni?nalP?evisneherpmoCeht?htiw?ecnadrocca?ni?detfard?saw?hcihw?,nalP?noitcA?ygrenE?eht?ni?detpod
a?erew?slaog?tnerruc?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFpihsdrawetS?latnemnorivnE:selpicnirP?lanoitadnuoF?&?seitiroirP?.slaog?ruo?hcaer?lla?ew?erusne?lliw?ya
whtap?noitatnemelpmi?deifitnedieht?hguorht?dna?ytinummoc?ruo?htiw?noitaroballoc?ni?krow?siht?gniunitnoC?.0302?yb?noitcuder?%52?fo?laogtnerruc?ruo?teem?ot?kcart?no?era?dna?slaog?eseht?hcaer?ot?krow?eh
t?gniod?neeb?ev'ew?,evoba?deniltuo?sA?0502?yb?noitcuder?%0010302?yb?noitcuder?%05:tcelfer?ot?slaognoitcuder?snoissime?GHG?detadpu?tpoda?licnuoC?esoporp?setammaet?ytiC?dna?noissimmoC?ygrenEehT?.slaog?
eseht?sdrawot?tcapmi?lufgninaem?ekam?ot?yawhtap?noitatnemelpmi?na?dedivorp?,lirpA?ni?n
M 85 epyt?esu?dna?ezis?s’gnidliub?eht?no?desab?esuygrene?rof?ecnerefer?fo?emarf?a?gnidivorp?,nosirapmoc?reep?rof?swolla?mroftalp?RATS?YGRENEseitinutroppoycneiciffe?ygrene?yfitnedi?dna?ecnamrofrep?ygr
ene?dnatsrednu?sreganam?gnidliub?spleHgnidliub?a?fo?esu?ygrene?skcarT?gnikramhcneB?si?tahW?weiver?licnuoC?ytiC?rof?kcab?gnirb?ot?ycilop?sezilanif?maet?ytiCstluser?seires?pohskrow?mrofni?rehtruf?ot?ss
ecorp?tnemegagne?ytinummoc?tcudnoCseirespohskrow?eht?ni?edam?snoitadnemmocer?fo?yrammus?gnisu?tfard?nalp?tnempoleved?a?etaerCtnemegagne?redlohekatS?:3?pohskroWgninnalp?snoitarepO?:2?pohskroWkrowemarf
?yciloP?:1?pohskroWseires?pohskrow?a?tcudnoCsetammaet?ytiC?fo?maet?tnempoleved?lanretni?na?hsilbatsE:ycilop?gnikramhcneb?a?fo?tnempoleved?eht?rof?ssecorp?gniwollof?eht?esoporp?setammaet?ytiC?.seitrep
orp?laicremmoc?fo?gnikramhcneb?ygrene?rof?ecnanidrona?fo?noitaerc?eht?ot?cificeps?ygetarts?a?sedulcni?nalP?kroW?ytinummoC?ycneiliseR?dna?ytilibaniatsuS?ehT?evif?pot?eht?nihtiw?saw?sgnidliub?lairtsudn
i?dna?laicremmoc?fo?ycneiciffEseitinutroppo?snoitcuder?snoissime?tsegral?eht?htiw?seigetarts?deifitnedInalP?ycneiliseR?&?ytilibaniatsuS?dna?nalP?noitcA?ygrenE?eht?ni?seigetarts?fo?tcapmi?eht?deifitna
uQ:gniwollof?eht?dedivorp?sisylana?sihT?.sisylananoitcuder?snoissime?sag?esuohneerg?a?no?detneserp?setammaet?ytiC?noisses?yduts?,2202?,lirpA?na?nI:evitarraN?tropeR?.ycilop?gnikramhcnebygrene?gnidliub
?a?gnipoleved?rof?evitarraN?tropeR?eht?ni?debircsed?sa?ssecorp?desoporp?eht?gnivorppA:detseuqeR?noitcA???11.FssecorP?tnempoleveD?yciloP?gnikramhcneB NOITCA?ROF?TSEUQER nesneJ?neruaL:RETNESERPadnegA?t
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Item No.89- USING CONTRACTORS UNIT BID PRICINGSHARE COSTRPU-11th Ave from 16th Street to Sierra Lane NE $ - $ 51,832.00 $ 51,832.00Total Street (350) $
- $ 4,712.00 $ 4,712.0010% Changes $ - $ 47,120.00 $ 47,120.00Subtotal $ -0 $ 7,790.0082 $ 7,790.00 $
95.00SY826" Concrete Driveway Restoration2531.504 $ -0 $ 39,330.00874 $ 39,330.00 $ 45.00LF874Concrete
Curb & Gutter, Design B6242531.503 Alternate Bid: $ $ $ 1,163,455.70Total $ 53,229.90 $ 52,538.80 $ 10% Changes $ $ $ 1,057,687.00SubtotalProject Totals $ 10,626.00
$ 10,626.00Total Pedestrian (550) 966.00 $ 966.0010% Changes $ 9,660.00 $ 9,660.00Subtotal $ 2,970.0054 $ 2,970.00 $
55.00SF54Truncated DomesC700.503 $ 5,080.00254 $ 5,080.00 $ 20.00SF254Pedestrian Curb Ramp / LandingC700.502 $ 1,610.00161
$ 1,610.00 $ 10.00SF161Concrete Sidewalk (Replacement)C700.501Pedestrain (550) $ $ Total Water (150) $ 31,868.90 $ 31,868.9010%
Changes $ $ Subtotal $ 17,500.001 $ 17,500.00 $ 17,500.00LS1Temporary Water 975.00325 $ 975.00 $
3.00SY325Erosion Control Blankets Category 32575.523 $ 3,000.0015 $ 3,000.00 $ 200.00EA15Storm Drain Inlet Protection2573.502 250.0050
$ 250.00 $ 5.00LF502573.502 $ 2,040.00204 $ 2,040.00 $ 10.00SF204Concrete Sidewalk (Replacement)C700.5
01 $ 3,150.003 $ 3,150.00 $ 1,050.00EA3Connect to Existing Water Main W200.572 $ 12,250.0035 $ 12,250.00 $
350.00EA35Reconnect Existing 3/4" CU Wat. Serv.C150.569 $ 4,500.0010 $ 4,500.00 $ 450.00EA101" Curb Stop (Replace Existing)C150.550
$ 19,980.001332 $ 19,980.00 $ 15.00LBS 1332 F&I Water Main Fittings W200.562 EA1F&I 8" x 8" DIP TeeEA6F&I 8" x 6" DIP TeeEA2F&I 8" x 6" ReducerEA7F&I
8" x 22 1/2 DIP BendsEA10F&I 8" x 11 1/4 DIP Bends $ 50,700.006 $ 50,700.00 $ 8,450.00EA6F&I HydrantW200.560 $ 14,200.004 $ 14,200.00 $
3,550.00EA4F&I 8" Gate Valve & BoxW200.550 $ 15,300.006 $ 15,300.00 $ 2,550.00EA6F&I 6" Gate Valve & BoxW200.550 $ 1512
$ $ 105.00LF1512F&I 8" DIP Water Main Cl. 52W200.528 $ 8,200.0082 $ 8,200.00 $ 100.00LF82F&I 6" DIP
Water Main Cl. 52W200.528 384.0064 $ 384.00 $ 6.00SF64F&I 4" Polystyrene InsulationW200.514 $ 7,500.00150 $ 7,500.00 $
50.00CY150Rock ExcavationW200.507Water (150) $ 62,029.00 $ 62,029.00Total Sanitary (250) $ 5,639.00 $ 5,639.0010% Changes $
56,390.00 $ 56,390.00Subtotal $ 42,000.0014 $ 42,000.00 $ 3,000.00EA14Reconstruct San/Stm Manhole TopS100.570 700.002 $ 700.00
$ 350.00EA2F&I 8"x4" WyeS100.551 $ 11,340.0081 $ 11,340.00 $ 140.00LF81F&I 8" PVC SDR 35 Sanitary SewerS100.520
100.00100 $ 100.00 $ 1.00CY100Aggregate for Pipe Foundation Gradation A (CV)S100.511 $ 2,250.00150 $ 2,250.00 $
15.00CY150Select Material for Backfill (LV)S100.509Sanitary Sewer (250) $ $ Total Storm (450) $ 11,610.00 $ 11,610.0010% Changes $ $ Subtotal
$ 3,000.003 $ 3,000.00 $ 1,000.00EA3Connect to Existing Storm Sewer StructureS100.572 $ 24,000.008 $ 24,000.00 $
3,000.00STRUC8Reconstruct San/Stm Manhole TopS100.570 $ 17,500.007 $ 17,500.00 $ 2,500.00STRUC7Reconstruct Catch Basin TopS100.570 $
14,000.001 $ 14,000.00 $ 14,000.00STRUC1Construct Structure Type 4 (84")S100.545 $ 11,000.001 $ 11,000.00 $ 11,000.00STRUC1Construct
Structure Type 4 (66")S100.545 $ 21,000.003 $ 21,000.00 $ 7,000.00STRUC3Construct Structure Type 4 (48")S100.545 $ 15,000.003 $ 15,000.00
$ 5,000.00STRUC3Construct Structure Type 1 (2'x3')S100.545 $ 2,400.0020 $ 2,400.00 $ 120.00LF20F&I 18" RCP
Storm Sewer Cl. 3S100.516 $ 8,200.0082 $ 8,200.00 $ 100.00LF82F&I 12" RCP Storm Sewer Cl. 5S100.516Storm Sewer (450) $ $ $ Total
Street (350) $ 21,361.00 $ 34,323.80 $ 55,684.8010% Changes $ $ $ Subtotal $ 12,190.001219 $ 2,260.00226 $ 14,450.00 $
10.00SY1445Hyrdo-Seeding / Turf RestorationW200.585 $ 2,550.0030 $ 23,205.00273 $ 25,755.00 $ 85.00SY3036" Concrete Driveway Restoration2531.504
$ 12,150.00405 $ 28,830.00961 $ 40,980.00 $ 30.00LF1366Concrete Curb & Gutter, Design B6242531.503 $ 11.251125 $ 11.251125
$ 22.50 $ 0.01CY2250Stabilizing Aggregate (CV)2105.541 $ 11.251125 $ 11.251125 $ 22.50 $
0.01CY2250Subgrade Excavation (CV)2105.507 $ - $ 33,750.001125 $ 33,750.00 $ 30.00CY1125Select Granular
Borrow (CV)2105.507 $ - $ 11,918.005959 $ 11,918.00 $ 2.00SY5959Geotextile Fabric, Type V2105.504 $ 2979 $ 2980 $ $
50.00SY5959Bituminous RestorationW200.585 $ 20,580.00686 $ 20,580.00 $ 30.00LF686F&I 6" Perforated PVC Pipe
(Middle Roadway)S100.524 $ 36,420.001214 $ 36,420.00 $ 30.00LF1214F&I 6" Perforated PVC Pipe (Edge Drain)S100.5240.5033 $ 37,747.500.5033
$ 37,252.500.4967 $ 75,000.00 $ 75,000.00LS1Mobilization2021.501Street (350)RPU CostRPU QuantityPW CostPW QuantityTotal Cost UnitQuantityItem
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tfoS?gniludehcSdna?gninnalP?tisnarT?rof?ximeR?htiw?tcartnoC NOITCA?ROF?TSEUQER edrevlaV?leahciM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
A 98 xcod.hceT?ximeR?htiw?erawtfoS?gniludehcS?dna?gninnalP?tisnarT?rof?tcartnoC?-?noituloseRtnemeergA?erawtfoS?gniludehcS?dna?gninnalP?tisnarT?2202:stnemhcattA edrevlaV?leahciM:yB?deraperP.emit?siht?
ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl
Renewal 99.egap gniwollof no serutangiS Agreement.governed by the same law as the This Renewal will beAgreement remain unchanged. terms and conditions of the Agreement. Except as expressly
provided herein, thehave the meanings set forth in the terms used but not defined hereinCapitalized.erms, Governing LawTConflicts, Use of 3..ecnerefer a sa remotsuC esu ot ytiliba ,esaelersserp
elbaeerga yllautum ,yduts esac a poleved ot ximeR htiw krow ot ssengnilliW smreT gnitekraM yad ssenisub 1 ni stseuqer ot esnopser :troppuS esirpretnE muimerP●ffats sseccuS remotsuC
detacideD●tcartnoc eht fo esruoc eht tuohguorht desaelerstnemevorpmi suounitnoc htiw 1 egap no debircsed sa ytilanoitcnuf mroftalP●.mroftalp bew desab-duolc ,detsoh ylluf :)SaaS( ecivreS
a sa erawtfoS●.noitazinagro nihtiw sresu fo rebmun detimilnu na rof sesnecil ximeR●:sedulcnI raey rep DSU 000,65$ :)7202( 2 raeY noitpO➢raey rep DSU 000,55$ :)6202( 1 raeY noitpO➢raey
rep DSU 000,45$ :5202➢raey rep DSU 000,35$ :4202➢raey rep DSU 000,25$ :3202➢raey rep DSU 000,15$ :2202➢sraey 4 / DSU 000,012$ :eulaV tcartnoC latoTesneciLmroftalP gniludehcS+ gninnalPtisnarT
ximeR structure:The Parties hereby agree to the following price Price.2.an additional 2 option years.August 31, 2026 with the option to renew forfective date for a period of 4 years
until EfAgreement beyond its original duration from theagree to extend the duration of the ”) the Parties hereby DatefectiveEf fect from September 1, 2022 (the “ith efW Renewal.1.”),
the Parties agree to the following:Renewal“, MN) dated as of June 1, 2022. Upon execution of this Renewal (the (RochesterRPTAssignment and Contract Extension #1 of the Remix Pricing
Summary forand extended by the ”) dated as of June 1, 2019, MN) (the “ (RochesterRemix Pricing Summary for RPThave entered into an agreement titled”)Parties” and together with Remix,
the “Customer(“, MN)ransit (RPT) (RochesterT”) and Rochester Public Remix echnologies LLC (“TRemix , MN) (Rochester RPTRemix Pricing Summary forof the
REMIX 100__________________________________Phone__________________________________Email____________________________________________________________________Address__________________________________Att
n Billing Information AR@ridewithvia.comEmail 10013ork, NYYNew 10 Crosby St, Floor 2AddressAccounts ReceivableAttn Remix Billing Information Date:Date:itle:Title:TName:Name:By:By:(ROCHESTER,
MN)TRANSITROCHESTER PUBLIC TECHNOLOGIES LLC
RESOLUTION101Rochester,Minnesota)(Seal of the City of MAYOROFSAIDCITY,2022.DAYOFTHISAPPROVEDCITYCLERKATTEST:PRESIDENTOFSAIDCOMMONCOUNCIL,2022.DAY OFROCHESTER, MINNESOTA, THISBYTHECOMMONCOUNCIL
OFTHECITYOF PASSEDANDADOPTEDoperations.planningandschedulingsoftwaresubscriptionservicesfortheCity’sregulartransit 10CrosbyStreet,SecondFloor,NewYork,NY10013intheamountof$210,000for
transitcontracttoRemixTechnologiesLLC,awholly-ownedsubsidiaryofViaTransportation,Inc. BEITRESOLVEDbytheCommonCounciloftheCityofRochesterthattheCityawarda Planning and Scheduling Software.
Approving a Contract for Services with Remix Technologies, LLC, for Transit
M 102 tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.3202,2?enuJ?noitelpmoc?lanif?htiw?,2202?,82?.tcO?yb?detelpmoc?yllaitnatsbus?eb?ot?d
eludehcs?si?krow?ehT?.reddibwol?tnerappa?eht?ot?drawa?na?htiw?deecorp?licnuoC?ytiC?eht?sdnemmocer?tnemtrapeD?skroW?cilbuP?ehT?641,801$?:etamitsE?sreenignE 05.236,241$cnI?,seinapmoC?rebmeP833,141$oC?r
ennoC?elyoD:2202?,42?yaM?no?deviecer?erew?sdib?gniwollof?ehT?.WN?tS?ht5?htiw?noitcesretni?eht?fo?stnardauq?htuos?eht?no?,WN?rD?kraP?ronaM?fo?sedishtob?no?stuopmub?dna?;lennahc?eganiard?a?ot?tnecajda?
,WN?rD?kraP?ronaM?fo?kcolb?0044?eht?fo?sedishtob?no?stuopmub?;kraP?ronaM?ot?tnecajda?dna?WN?evA?dr34?fo?noitcesretni?eht?ta?,WN?tS?dr3?fo?sedishtob?no?stuopmub?;kraP?dduJ?ot?tnecajda?,WN?tS?dr3?fo?ed
is?htuos?eht?no?tuopmub?a?:rodirroc?eht?gnolasnoitacol?ruof?ta?stnemevorpmi?gnimlac?ciffart?gniwollof?eht?gnidnemmocer?si?maet?skroW?cilbuP?ehT?.snoitulos?laitnetop?dna?snrecnoceht?ssucsid?ot?1202?ni
?stnediser?doohrobhgien?htiw?dleh?erew?sgniteem?owT?.stnemevorpmi?gnimlacciffart?fo?noitaredisnoc?rof?ytiroirp?pot?eht?sa?doohrobhgien?siht?decalp?PMTN?eht?ni?denifed?airetirc?dna,seussi?eht?demrifno
c?yduts?ciffart?A?.steerts?doohrobhgien?fo?shtdiw?eht?dna?gnideeps?tuoba?snrecnocgnisserpxe?)PMTN(?margorP?tnemeganaM?ciffarT?doohrobhgieN?eht?ni?noitapicitrap?rof?noitacilppana?dettimbus?ronaM?bulC?
yrtnuoC?ni?stnediseR?.doohrobhgien?ronaM?bulC?yrtnuoC?eht?ni?WN?rDkraP?ronaM?dna?WN?tS?dr3?gnola?snoitacol?ruof?ta?snoisnetxe?bruc?fo?noitcurtsnoc?sevlovni?tcejorp?sihT:evitarraN?tropeR.8028J?.oN?tce
jorP?-?ronaM?bulC?yrtnuoC?-?margorP?tnemeganaM?ciffarT?doohrobhgieNeht?rof?833,141$?fo?tnuoma?eht?ni?,oC?rennoC?elyoD?htiw?tcartnoc?a?gnizirohtua?noituloseR?a?gnitpodA:detseuqeR?noitcA???61.F8028J?.o
N?tcejorP?-?ronaM?bulC?yrtnuoC-?margorP?tnemeganaM?ciffarT?doohrobhgieN NOITCA?ROF?TSEUQER anyzduB?maS:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
P 103 8028J.oN?tcejorP?-?ronaM?bulC?yrtnuoC?-?)PMTN(?margorP?tnemeganaM?ciffarT?doohrobhgieN?-?paM?noitacoL8028J?.oN?tcejorP?-?ronaMbulC?yrtnuoC?-?)PMTN(?margorP?tnemeganaM?ciffarT?doohrobhgieN?-?dra
wA?tcartnoC?-?noituloseR:stnemhcattA gnarfeD?auhsoJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.057,981$?eb?otdetamitse?si?,seicnegnitnoc?dna?,gnihctap?tnemeva
p?suonimutib?esuoh-ni?,secivres?noitcepsni?dna?ngisedesuoh-ni?,)833,141$?ta?deulav(?tcartnoc?siht?gnidulcni?tsoc?tcejorp?latot?ehT?.yvel?xat?si?ecruos?gnidnufehT?.bat?ciffarT?eht?no?,eno?enil?,margor
P?tnemevorpmI?latipaC?7202-2202?eht?ni?deifitnedi?si?tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF sdib?rof?esitrevda?ot?noitazirohtuA?-?gniteeM?licnuoC?:2202?,1?.guAgniteeM?doohrobhgieN?lautriV?:1202?,2?.ceD
gniteeM?doohrobhgieN?nosrep-nI?:1202?,01?.guA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.licnuoCytiC?eht?htiw?eil?lliw?tcejorp?gnimlac?ciffart?yna?fo?lavorppa?lanif?eht?taht?setats?PMTN?ehT?.st
eertslacol?elbavil?dna?teiuq?erom?etaerc?ot?dna?,sdoohrobhgien?ni?efil?fo?ytilauq?dna?ytefas?eht?evorpmi?,srevirdfo?roivaheb?eht?ecneulfni?ot?redro?ni?gnimlac?ciffart?rof?stseuqer?ot?dnopser?ot?si?PM
TN?eht?fo?noissim?ehT:tcapmI?IED?&?snoitaredisnoC?ycilo
RESOLUTION104Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2022.CITY CLERKATTEST:
__________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.PASSED AND
ADOPTED BY THE COMMON COUNCIL OF THE CITY OFshall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said
time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits
made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andClub ManorJ8208Neighborhood
Traffic Management Program –Country local improvements: is authorized for the following approved DoyleConnerCo,contract for construction with isherebyacceptedandexecutionofthestandard
City $141,338Minnesota,thatthebidofNOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, bidder.is the lowest responsive and responsible Doyle Conner Co.WHEREAS, it appears
that $142,632.50Pember Companies, Inc$141,338.00Doyle Conner Cofollowing bids were received complying with theadvertisement:,the J8208Neighborhood Traffic Management Program –Country
Club ManorWHEREAS, pursuant to an advertisement for bids for the following improvement(s):Program –Country Club Manor.Awarding Contract for Project No. J8208Neighborhood Traffic Management
GOVERNING SPECIFICATIONS 105 PUBLIC WORKS PUBLIC WORKS COUNTYOLMSTEDROCHESTERDISTRICT PROJECT LOCATION*UTILITY QUALITY LEVEL
PUBLIC WORKS 106
PUBLIC WORKS 107
PUBLIC WORKS 108
PUBLIC WORKS 109
M 110.secivres?suoirav?rof?dedeen?ssecca?eht?dna?,yalp,krow?ot?sredir?stcennoc?sihT?.secivres?tisnart?etuor?dexif?ssecca?ot?elbanu?era?ohw?srebmem?ytinummocot?noitatropsnart?elbatiuqe?edivorp?lliw?se
civres?tisnartarap?fo?tnemevorpmi?ehT?.gniviL?ytilauQrof?secivreS?ytiC?ytilauQ?gnidivorp?fo?ytiroirp?cigetarts?s'licnuoC?ytiC?eht?stroppus?tnemdnema?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP
ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.level?pihsredir?cimednap-erp?eht?fo?%48?ot?desaercni?evah?secivrestisnartarap?ehT?.gnin
ruter?ylwols?si?dna?desaerced?dah?cimednap?DIVOC?eht?gnirud?pihsredir?tisnarT?.sruoh?005,81?retfa?sesaerced?etartcartnoc?tisnartarap?ehT?.sredir?erom?kcab?gnignirb?erofereht?,secivres?evorpmi?dna?sec
ivres?tisnartarapwolfrevo?eht?esu?ot?tnemeriuqer?eht?ecuder?neht?lliw?sihT?.eganiater?revird?dna?gnirih?rieht?ni?evititepmocerom?eb?ot?rotcartnoc?eht?wolla?ot?srevird?tisnartarap?rof?setar?eht?esaerc
ni?lliw?tnemdnema?sihT?.ecivres?elbailernu?cidarops?dna?stnialpmoc?desaercni?ot?del?sah?hcihw?,slevel?ecivres?tnetsisnocnidetaerc?sah?secivres?wolfrevo?eseht?fo?esu?ehT?.dnamed?pihsredir?eht?htiw?pu?
peek?ot?deriuqer?erasecivres?tisnartarap?wolfrevo?erom?dna?,elggurts?gniogno?na?neeb?evah?srevird?fo?eganiater?dna?gniriheht?,revewoH?.tisnartarap?wolfrevo?eht?rof?redivorp?niam?rieht?sa?tisnarT?nuS?
sesu?tisnarT?tsriF?,yltnerruC??.ytiC?eht?yb?devorppa?sa?desu?eb?ot?srotcartnocbus?swolla?dna?secivres?tisnartarap?dna?tisnartdexif?fo?snoitarepo?eht?sedulcni?tnemeerga?ehT?.rotarepo?tisnart?detcartno
c?s’ytiC?eht?si?.cnI?,tisnarT?tsriF:evitarraN?tropeR.setar?secivres?tisnartarap?ehtetadpu?ot?.cnI?,tisnarT?tsriF?htiw?tnemeergA?eht?ot?tnemdnemA?htfiF?eht?gnivorppa?noituloseR?a?gnitpodA:detseuqeR?no
itcA???71.F.cnI,tisnarT?tsriF?htiw?tnemeergA?eht?ot?tnemdnemA?htfiF NOITCA?ROF?TSEUQER gnoiX?aI:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO2202?,7?rebmetpeS:ETAD?GNITEE
P 111 tcartnoC?tisnarT?tsriF?-?tnemdnemAtnemdnemA?htfiF?tisnarT?tsriF?-?noituloseR:stnemhcattA gnoiX?aI:yB?deraperP.ecivres?fo?slevel?wol?ot?setubirtnoc?nrut?ni?neht?hcihw?,segaw?evititepmoc?htiw?elg
gurts?ot?gniunitnoc?.cnI,tisnarT?tsriF?ni?tluser?dluow?tnemdnema?siht?fo?laineD?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.etuoR?dexiF?ni?desu?gnieb?si?taht?tisnart?rof?
nalP?eucseR?naciremA?eht?yb?tesffo?eb?lliwesaercni?ehT?.eunever?fo?sruoh?005,81?retfa?sesaerced?etar?sihT?.etar?noitalfni?eht?htiw?ylesolc?sehctamtisnartarap?rof?etar?esaercni?%01?ehT?.evreser?tisnar
t?dna?noitcelloc?eraf?morf?detareneg?seunevermorf?semoc?erahs?lacol?ehT?.gnidnuf?lacol?%51?dna?etats?%58?htiw?dednuf?era?secivres?tisnartaraP:tcapmI?ecruoseR?&?lacsiF?eettimmoC?tisnarT?no?yrosivdA?sn
ezitiC?ot?noitatneserP??:2202?,82?yluJeettimmoC?tisnarT?no?yrosivdA??snezitiC?ot?noitatneserP??:2202?,62?yaM?nalP?tnempoleveD?tisnarT?rof?esuoH?nepO?tnemegagnE?cilbuP??:2202?,21?yaM?nalP?tnempoleveD?
tisnarT?rof?esuoH?nepO?tnemegagnE?cilbuP??:2202?,5?yaMnalP?tnempoleveD?tisnarT?rof?4#?gniteeM?puorG?gnikroW?ytinummoC??:2202?,8?.raMdevorppA?tnemdnemA?htruoF?-?gniteeM?licnuoC??:2202?,91?.naJnalP?tne
mpoleveD?tisnarT?rof?3#?gniteeM?puorG?gnikroW?ytinummoC??:1202?,31?.ceDnalP?tnempoleveD?tisnarT?rof?2#?gniteeM?puorG?gnikroW?ytinummoC??:1202?,61?.voNnalP?tnempoleveD?tisnarT?rof?1#?gniteeM?puorG?gni
kroW?ytinummoC??:1202?,81?.tcO.raey?evif?lanoitidda?na?rof?tcartnoC?tisnarT?tsriF?sdnetxe?ytiC??:1202?,7?.tcOdevorppA?tnemdnemA?drihT?-?gniteeM?licnuoC??:1202?,22?.raMdevorppA?tnemdnemA?dnoceS?-?gnit
eeM?licnuoC??:0202?,81?yaMdevorppA?tnemdnemA?tsriF?-?gniteeM?licnuoC??:8102?,2?yluJdevorppA?tcartnoC?tisnarT?tsriF?-?gniteeM?licnuoC??:6102?,7?.voN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roir
112 Rochester, Minnesota) (Seal of the City of MAYOR OF SAID CITY __________________________________ APPROVED THIS_____DAY OF_____________________,
2022. CITY CLERK ATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL ___________________________________ ROCHESTER, MINNESOTA, THIS__________DAY
OF______________, 2022. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF City/First Transit contract to update the rates for the paratransit services. BE IT RESOLVED by the
Common Council of the City of Rochester that the City amend the Approving Fifth Amendment to the Agreement with First Transit, Inc. RESOLUTION
FIFTH AMENDMENT 113 Title: City Clerk Attest _________________________ Title: Mayor Title: _________________________ By ___________________________ By ___________________________
CITY CONTRACTOR their respective officers on ___________________, 2022. IN WITNESS WHEREOF, the parties to this Agreement have executed by and through effect. previously amended
on March 29, 2021 and March 9, 2022, shall remain in full force and Except as expressly amended herein, all provisions of the Agreement, as 2. Exhibit A. That part of Exhibit A to the
Agreement is hereby replaced with the attached 1. acknowledged, it is agreed as follows: agreements of the parties herein contained, the adequacy of which is hereby NOW, THEREFORE,
in consideration of the mutual promises, covenants and rates. WHEREAS, the parties desire to amend the Agreement related to the Paratransit hourly thresholds, size of vehicle and type
of service. WHEREAS, the agreement provides for hourly rates per revenue hour at various paratransit service. terms (the “Agreement”) for operation and maintenance of the City’s public
transit and of January, 2017 and extended the th(“Contractor”) entered into an agreement dated the 9Street, Suite 1400, Cincinnati, Ohio 45202 and its local offices located in Rochester
WHEREAS, the City of Rochester, Minnesota (“City”), and First Transit Inc. of 600 Vine Public Transit and Paratransit Service Operations and Maintenance Agreement
114 18,500 hours over Vehicle Hour $53.45$38.12$52.21 EXHIBIT A$54.01$55.12$56.52$57.87 Small Bus (less than 35’) per Revenue$48.55$49.70$51.00 Small Bus (less than 35’) per Revenue
18,500 hours up to Vehicle Hour $59.22 hours over 90,000 per Revenue Hour $32.93$34.65$36.52$39.81 Large Bus (35’ or larger) 90,000 hours up to per Revenue Hour $74.59$76.90$80.97$84.49$89.20
Large Bus (35’ or larger) $0.00 Transition/Initial Mobilization Costs CONTRACT PERIOD RATES - 90,000 Base Annual Hours ROCHESTER PUBLIC TRANSIT AND PARATRANSIT SERVICE OPERATIONS AND
MAINTENANCE |RFP | tel: 507.328.2400 | fax: 507.328.2451 www.rptride.com Street SE | Rochester, Minnesota 55904 th 201 4Department of Public Works—Transit and Parking Division CITY
OF ROCHESTER, MINNESOTA COST PROPOSAL WORKSHEETS Current Rate Paratransit Fixed Route 20262025202420232022 TYPE
M 115 tcerid?on?era?erehT?.tnemeerga?siht?rof?eef?gnidrocer?dna?noitaraperp?tnemucod?a?diap?sah?renwO?ehT:tcapmI?ecruoseR?&?lacsiF.snoitca?licnuoC?ytiC?ronoissimmoC?yrosivdA?gninnalP?tnecer?yna?edulc
ni?ton?did?tnemeerga?siht?fo?noitaraperp?rof?tseuqer?ehT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.seicilop?elbacilppa?fo?krowemarf?retaerg?eht?nihtiw?snoitagilbo?s’ytiCeht?dna?s'renwO?eht?ezi
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tadnuoF?&?seitiroirP.3258131-A?.oN?tnemeergA?ot?edam?erewsegnahc?rehto?oN?.ytreporp?eht?fo?)s(renwo?erutuf?gnidnib?tnanevoc?a?eb?lliw?ti?,dedrocer?dna?,ytiC?dnarenwO?eht?yb?detucexe?ecnO?.3258131-A?.
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tnemelppus?a?detfard?sah?maet?skroW?cilbuP?ehT?.ytreporp?eht?rof?tnemeerga?tnempoleved?eht?fo?smret?eht?morf?devomer?saw?noisivorp?enildaedeht?fi?tluser?dluow?cilbup?eht?ot?mrah?on?taht?dna?,noisivor
p?enildaed?eht?rof?nosaer?lacitcarp?on?si?erehtseerga?ytiC?dna?,sehcaorppa?enildaed?raey?net?eht?sa?depolevednu?sniamer?ytreporp?ehT?.tnemeergadias?eht?fo?noitucexe?eht?retfa?sraey?net?nihtiw?depolev
ed?eb?ot?ytreporp?eht?gniriuqer?noisivorpa?sniatnoc?3258131-A?.oN?tnemeergA?.3102?,22?lirpA?no?3258131-A?.oN?tnemucoD?sa?eciffo?s’redroceRytnuoC?detsmlO?eht?ni?dedrocer?,ytreporp?eht?rof?tnemeergA?tn
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147 cityclerk@rochestermn.gov2000 or --Questions? Contact the City Clerk’s Office: 507 Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk Send an open comment In the mail to:
§ person is available, filling out a written open comment form.-When in § publiccomment@rochestermn.govEmail the City by Noon on the day of the meeting § ther ways to submit an
open comment/public comment:O § A timer will be used to manage speaker times. § residents.immediately impacted by the Council’s decision, e.g. neighborhood may be When appropriate,
priority will be given to those speakers who § spent. yields their time may not speak again once the allotted 5 minutes are A speaker may yield their remaining time to another. A
speaker who § receive extra time.s spokesperson does not encouraged to designate a spokesperson. ThiGroups who have a similar view on the subject matter of the hearing are § The
speaker shall provide their name. § Speakers may only speak once during a given public hearing. § s will be limited to 5 minutes each.All speaker § hich all external comments end.until
a motion has been made, after wThe applicant may also answer informational questions from the council § rebuttal of up to 5 minutes after the public hearing has closed. public hearing,
and may provide a of 10 minutes prior to the start of the The applicant (and/or applicant’s representative) may present for a total § guidelines: participation Public hearing Public
Hearings
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150 .and U.S. Route 14 Street NW th 7 : North Adjacent Land: mercial & Business Development.Com 4).-General Commercial (B property is The :Future Land Use Zoning District DEVELOPMENT
REVIEW . in 2017 ecordedthe Rochester City Council and rapproved by was 012PLAT)- Final Plat A previous .way is proposed as part of this application-of-rightdevelopment or No new
. feet south to encompass an existing fenced parking lot5 existing 0.62 acres lot 8proposed plat will extend the The .portion of an existing parcelwould combine an existing platted
lot and a The applicant is proposing a Final Plat that BACKGROUND INFORMATION AND SUMMARY: the FEMA Special Flood Hazard Areas (SFHA). outlinesexhibit that accurately Prior to Recordation
of the Final Plat, the applicant shall submit a Final Plat 1. : Approval, with the following condiDevelopment Review Team Recommendation height, are not part of the Final Plat review.Site
design standards, such as building and parking lot location within a lot, or building development on adjacent undeveloped land. pedestrian connectivity and access, public utility needs,
and the ability for futurePreliminary Plat conditions, and lot development standards, such as lot size, vehicle and boundaries of the lots for conformance with an approved General Development
Plan, During the Final Plat review, City Council evaluates the physical : What is Considered : Final PlatApplication Type :SUMMARYCITY COUNCIL G Cubed Consultant: 2980 Hwy
14 W LLC Property Owner: Street NW. th located directly south of 7The site is Location: 0.89 acre lot. aan existing platted lot and a portion of an unplatted parcel
to create Car Clearance Center Second. The final plat will combine Rochesterknown as , to be Bradley VriezePLAT, by 502-Plat # CD2022 Request: Rochester Community DevelopmentPrepared
by: 2022, 7 Sept ROCHESTER CITY COUNCIL CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507
Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota
2 151 Review Comments 4. 2 Section 61.255. Subd. Findings for Land Subdivision: 3. Final Plat Exhibit 2. Notification Map 1. ATTACHMENTS the City Council Summary above.with conditions,
as outlined in approvalThe Development Review Team recommends DEVELOPMENT REVIEW TEAM RECOMMENDATION: trees are required with this application. previously approved Final Plat. No
additional boulevard were planted as conditioned with the oulevard trees 3 b Boulevard Trees application. Parkland dedication is not required as part of this Final Plat Parkland Dedication
.dnts being vacatemeare any easenor o new easements are being dedicated with this platNenoted on the proposed plat. Prior platted easements are d Utilities Public .sAreaFEMA Special
Flood Hazard the updated to incorporate . The DNR has requested the Final Pldistrict PronePortions of the site are located within the mapped Flood site. there are no wetlands impacting
theDecorah Edge Study Area and This site is not a part of the :/FloodplainEdgeDecorah Wetlands/ property. development proposal for this required for anyreview and approval will
be Grading and Drainage Plan Grading & Drainage: this application.with or ROW new access does not propose The applicant. Street NW th 7 The property currently takes access from
Roadway & Access: Auto Repair Center. developed with an 4-B( General Commercial West: . Service Storage Facility-Self ) and developed with a4-B(General Commercial developed
with a Trade Shop. currently4) and -General Commercial (B East: PLAT0-CD2022
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( IN FEET )153 14070 Hwy 52 S.E.Chatfield, MN 55923 ENGINEERINGSURVEYINGPLANNING Ph. 507-867-1666Fax 507-867-1665www.ggg.to GRAPHIC SCALE 1 IN = 20 FT
61.225 154 Comprehensive Plan. N. The proposed land subdivision is consistent with the standards of the City’s adopted developable for their designated pM. The soils, topography and
water tables have been adequately studied to ensure that all lots are in an efficient manner on adjacent undeveloped lands. is designed in such a manner as to allow for continued
development L. The proposed land subdivision on adjacent properties. K. The proposed subdivision will not have adverse impacts on the safety or viability of permitted uses systems
that exceed adopted standards. impacts on the street, drainage, water or wastewater site -J. The proposed subdivision will not have off plans, policies and regulations. I. The proposed
parks, trail thoroughfares and open space dedications are consistent with adopted et, utility, and drainage facilities needed to serve the development. constructing the streways and
easements of adequate size and dimension are provided for the purpose of -of-H. The right consistent with the requirements of section 63.426. ion, if in a residential zoning district,
addresses the need for spillover parking G. The proposed subdivis Capital Improvements Programs and the elements listed therein in the design of the subdivision. Range -year and other
Long-F. The proposed land subdivision has taken into account the current six rea in each lot for planned uses. avehicular, service and emergency access, efficient utility service connections,
and adequate buildable motorized vehicle, transit, -E. The lot and block layout provide for safe and convenient pedestrian, non traffic service standards in section 61.526. transportation
plans and is consistent with the street layout standards listed in section 64.120 andmotorized system is consistent with adopted -D. The vehicular, pedestrian, transit and non stormwater
policies. ter Management Plan or adopted drainage or Rochester and is consistent with the adopted StormwaC. The plan for soil erosion and stormwater management meets the adopted standards
of the City of serve future development. proposed development and to provide for the efficient and timely extension to protection demands of B. The proposed water system and sanitary
sewer system are adequate to serve the normal variances have been granted to permit any nonconformance. nance and A. The proposed land subdivision conforms to all relevant requirements
of this ordi Subd. 2. The findings for the approval of a land subdivision are as follows: subdivision 2. ion if it determines the subdivision satisfies all of the findings provided
in authorizing a land subdivisSubdivision 1. The Zoning Administrator, Commission or Council shall approve a development permit : Findings for Land Subdivision
O. Any land located within the Special Flood Hazard Area as shown on 155 3. Adequate drainage is provided to reduce exposure of flood hazard. and constructed to minimize or eliminate
flood damage;2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and All such proposals are consistent with the need to minimize flood
damage with the floodplain area; 1. U. Subdivision proposals must be reviewed to assure that: lower than two feet below the regulatory flood protection elevation. T. All subdivisions
must have road access both to the subdivision and to the individual building sites no tting documents. on all required subdivision drawings and plaregulatory flood protection elevation
and the required elevation of all access roads are clearly labeled S. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the ation. District
at or above the regulatory flood protection elevR. All lots within the floodplain districts are able to contain a building site outside of the Floodway Development Plan, Conditional
Use Permit or Traffic Impact Study. oved and applicable General Q. The proposed land subdivision permit is consistent with any appr city or county ordinance. P. The proposed land subdivision,
if approved, would not result in a violation of federal or state law, or manner consistent with this ordinance. ivision in a related risks to the health, safety or welfare of the
future residents of the proposed subdformations with severe limitations for development, severe erosion potential, or any other floodplain ates the risks of flooding, inadequate drainage,
soil and rock proposed subdivision adequately mitigFederal Emergency Management Agency, is determined to be suitable for its intended use and that the Boundary and Floodway Maps of
Flood Insurance Study, Rochester, Minnesota, prepared by the the currently adopted Flood
156 omments from this agency at this time.There are no c RPU Water Div There are no comments from this agency at this time. RPU Operations Div There are no comments
from this agency at this time. Public Works at this time. There are no comments from this agency Park and Rec LGU for the RFD. aThis will be inside the
4 minute response are There are no comments from this agency at this time. Fire County Public Works issues.no -See attached final plat GIS referral document RochesterCarClearan
ceCenterSecondFP_Referral.pdf County GIS/E911 025PLAT-CD2022 Application No: Agency Review Comments 1of 1Page 8/25/2022 12:14:55 PM
157 7958-Fax 507 328 •7100 -Phone 507 328 s/planningwww.co.olmsted.mn.u 4744-2122 Campus Drive SE, Suite 100, Rochester, MN 55904 EPARTMENT D LANNING P OUNTY C LMSTED O 7101-328-507
lyst / AddressingS Ana Dave McCollister To address issues listed above, please contact our office. . Addressing fees are not required.have been paidAll correct GIS impact
fees The GIS Addressing staff have no issues to discuss at this time. existing or potential GIS, ROADWAY, or ADDRESS related issues are present shows the following:to determine
any FINAL PLATROCHESTER CAR CLEARANCE CENTER SECOND A review of the ANCE CENTER SECOND GIS REFERRALROCHESTER CAR CLEAR RE: ADAM NOWINSKI CC: DAVE MCCOLLISTER FROM: DAVE HAGRE, BRADLEY
VRIEZE TO: AUGUST 17, 2022 DATE: FINAL PLAT REFERRAL STER CAR CLEARANCE CENTER SECONDROCHE PPORTUNITY/AFFIRMATIVE ACTION EMPLOYERAN EQUAL O Planning, Policy & Analysis :Land
Use & Transportation •Addressing, Data & Mapping :eographic Information SystemsG County Building/Well/Septic :Environmental Safety • Permitting & Zoning Current Planning:
1 158; TDLivingston@minnesotaenergyresources.com; jekappers@rochester.k12.mn.us; jjmosser@charter.net; hill.tony@co.olmsted.mn.us>; brady.caitlin@co.olmsted.mn.usCaitlin <; Brady Steve.hauge@centuryl
ink.com>; tracy.schnell@state.mn.us>; Schnell, Tracy (DOT) <heather.lukes@state.mn.us<; Lukes, Heather A (DOT) Khan.Muhammad@co.olmsted.mn.us>; reiter.charlie@CO.OLMSTED.MN.US<>; Reiter
Charlie BSvenby@rochestermn.gov; Svenby, Brent <bromberg.mike@co.olmsted.mn.us>; jturk@rochestermn.gov>; Turk, Jon <WNeubauer@RPU.ORG>; Neubauer, Wade <DKlamerus@RPU.ORGDouglas <>;
Klamerus, EDistribution@rpu.org; RPUElecDistrib <pwservice@co.olmsted.mn.us>; JHaberman@rochestermn.gov<>; Haberman, Jeff mnigbur@rochestermn.gov>; Nigbur, Mike <mbjoraker@rochestermn.govMike
<>; Bjoraker, NLemmer@rochestermn.gov>; Lemmer, Nicholas <ddombrovski@rochestermn.gov Dombrovski, Dillon <To: Wednesday, August 17, 2022 3:07 PM Sent:> accela_mail@rochestermn.gov
Accela_Mail <From: mndnr.gov nicole.lehman@state.mn.us Email:Phone: 507-206-2854 Rochester, Minnesota 55904 2118 Campus Dr. SE, Suite 100 Minnesota Department of Natural Resources
Area Hydrologist | Ecological and Water Resources Division Nicole E. Lehman Thanks Subd. 2. Recommend the final PLAT shows the FEMA Special Flood Hazard Areas (SFHA), per MAR 6120.5900,
·The DNR offers the following comments: Hello, user id and password.\[EXTERNAL SENDER\]: Do not open links/attachments if uncertain about the sender and never give out your 2980
7th St NW, Rochester, MN- CD2022-025PLAT, DNR Comments Subject:> ceil.strauss@state.mn.us Strauss, Ceil C (DNR) <Cc:> gross.kristi@co.olmsted.mn.us<>; Gross, Kristi ASosa@rochestermn.gov>;
Sosa, Allison <CommunityDevelopment@rochestermn.gov<>; Community Development Department accela_mail@rochestermn.gov Accela_Mail <To: Thursday, August 18, 2022 10:29 AM Sent:> nicole.lehman@state.mn
.us Lehman, Nicole (DNR) <From: RE: 2980 7th St NW, Rochester, MN- CD2022-025PLAT, DNR Comments Subject:Caples, Edward
RESOLUTION159that accurately outlines the FEMA Special Flood Hazard Areas (SFHA).1.Prior toRecordation of the Final Plat, the applicant shall submit a Final Plat exhibit hereby accepted,
subject to the following conditions:all dedications of land or interests in land for public purposes as shown on said plat are TO BEKNOWN as “Rochester Car Clearance Center Second”,
is hereby approved, and begging. said southerly extension of the west line of Lot 1, a distance of 70.72 feet to the point of southerly extension of the west line of said Lot 1; thence
North 01°43'05" West, along distance of 85.77 feet; thence North 85°54'14" West 148.50 feet to a line that is the 01°43'05 East, along a line that is the southerly extension of the
east line of said Lot 1, a of said Lot 1, a distance of 147.74 feet to the southeast corner of said Lot 1; thence South Recorder; thence on an assumed bearing of North 88°16'55" East,
along the south line CENTER, according to the recorded plat thereof on file at the office of the Olmsted County Beginning at the southwest corner of Lot 1, Block 1, ROCHESTER CAR CLEARANCE
described as follows: HundredSeven (107) North, Range Fourteen (14) West, Olmsted County, Minnesota, That part of the Northeast Quarter (NE 1\\4) of Section Thirty Three (33), Township
One ANDplat thereof on file at the office of the County Recorder, Olmsted County, Minnesota.Lot 1, Block 1, ROCHESTER CAR CLEARANCE CENTER, according to the recorded plat of lands in
Olmsted County, Minnesota are to be known and designated as follows:Minnesota, that after a hearing duly noticed and held on September7,2022, the following NOW, THEREFORE, BE IT RESOLVED
by the Common Council of the City of Rochester, Unplatted Parcel, LocatedDirectly South of7th St NW. Clearance Center Second, ToCombine an Existing Platted Lot and a Portion of an Approving
FinalPlatNo.CD2022-025PLAT, To Be Known As Rochester Car
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF160Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS
_____ DAY OF ______________________, 2022.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA,
THIS __________ DAY OF _______________, 2022.
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164 t, which was released for public comment. Public Drafconsisted of a Staff Draft, which was internally reviewed by City Teammates, and a The UDC was drafted in three installments,
and a consolidated draft. Each installment use development.-ability and different lifestyles, and allowing more mixedpromote affordintegrating land use and transportation, allowing
a wider variety of housing types to Those goals included enabling the densities that support a successful transit network by tified in the Comprehensive Plan, which was adopted in April
2018. objectives ideninterpret for everyone. The Unified Development Code builds on the goals and Plan. New organization, graphics and simplified language will make the code easier
to omote the goals and objectives of Planning 2 Succeed, the 2040 Comprehensive prCentury and st The UDC will bring Rochester’s development practices into the 21 document. friendly
-together all of Rochester’s development regulations into a single, more userreplace Rochester’s Land Development Manual (LDM). The new code will bring l Development Code (UDC), a complete
update of the City’s zoning ordinance, which wil In January 2020, the Community Development Team began work on the Unified BACKGROUND zoning ordinance.Development Code as the City’s
adoption of the Unified approval for Recommend Staff Recommendation: applicable UDC zoning district. from their current zoning district to the most Ordinances. The UDC will rezone
all properties Conservation of the Rochester Code of 3, Wetland -7, Heritage Preservation and 6-4ommission, 9, Planning and Zoning C-Chapters 24322, all Planned Unit Developments ordinances,
3899, 3901, 4003, 4081, 4122, 4194, 4236, 4284, , 3694, 3730, 3773, 97, 3503, 3604, 3646, 364834Special District Ordinances 2247, 2516, 3443, Land Development Manual, -Ordinance No.
2785 the current zoning ordinance, and replacingby repealing Adopt the Unified Development Code Summary of Action: ACTION ITEMS Community Development Team From: and Zoning CommissionCity
Planning To: ordinance.Adopt the Unified Development Code as the City of Rochester’s zoning Request: 2022 th S August 10ROCHESTER PLANNING AND ZONING COMMISSION CommunityDevelopme
nt@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW, Suite 100 City of Rochester, Minnesota
Installment one covered zoning districts and uses, installment two covered development 165 ell as the City Council’s strategic priorities. The shape the 21 goals of the City, as wThe
Comprehensive Plan contains seven foundational principles that influence and Comprehensive Plan.practices and the City’s consistent with best planning friendly document that is -userDevelopment
Manual, with a more zoning ordinance, the Land replace Rochester’s existing Development Code seeks to 30 years ago. The Unified last updated in its entirety in 1992, The City’s zoning
ordinance was General Analysis ANALYSIS the project, was released in April 2022. since the beginning ofThe UDC Consolidated Draft, a culmination of all comments, changes and edits
made Installment 3: Whose approval do I need? · Installment 2: How do I lay it out and build it? · Installment 1: What kind of place is it, and what can I do · :to help answer the
following questionsapproval processes. Each of the installments is meant -standards and installment three
Unified Development Code proposes to achieve each one of the 21 Goals of the 166 fewer hearings and that produce more predictable outcomes.with more objective standards that require
less time and –both builders and citizens which turn out to be unpredictable to –negotiated approaches to development approval consuming -Throughout the U.S. most cities are working
to replace these timedards. negotiations for projects that differ even slightly from the LDM zoning stanchose to use the Restricted Development process, which requires extensive because
outcomes under the LDM were unclear, a high percentage of developers e and complexity of the LDM; cities of the same size. In part, this is due to the agsometimes repeated hearings
before the same body, than development codes for other lment 3: Procedures and AdministrationInstal into 5 categories of development with objective standards to ear each bonus.time
to encourage favorable development. The UDC consolidates and simplifies these incentives that are scattered throughout the document and that have been adopted over t wide. The LDM
includes 32 differen-into the base code, which are applicable cityquality of development, including incentives. The UDC implements design standards The Dimensional Standards section
includes all the regulations related to the layout and ivesInstallment 2: Development Standards and Incent housing uses than the current LDM.-housing and nonUse districts will allow
for a much broader range of -districts. The addition of Mixedts, townhomes, and accessory dwelling units, in more Residential zone live/work uniproposes more diverse housing types
such as duplexes, triplexes, and fourplexes, To support the P2S goal of allowing a wider variety of affordable housing, the UDC with a consolidated list of each use in every zone
district. ndividual lists districts and leads to inconsistencies over time. The UDC replaces those ieach district, which makes it difficult to compare allowed uses across different
zone permitted or conditional use. The current LDM has a separate table of allowed uses for er as a eith –Each zoning district has a list of land uses that can occur within the district
Developments that make the LDM more difficult to understand and administer. off” Special Districts and Planned Unit -designate many of the current “one-w the City to redevelopment.
In addition, the new lineup of zoning districts will allouse -zoning districts by reducing the number of unique zoning districts from 134 to 21, plify Rochester’s The UDC implements
the Comprehensive Plan recommendation to sim Installment 1: Zoning Districts and Uses Comprehensive Plan.
167 Zoning District Conversion Table 3. UDC Summary of Changes 2. Adoption Draft -Unified Development Code 1. ATTACHMENTS Ordinances.3, Wetland Conservation of the Rochester Code of
-Heritage Preservation and 6-ommission, 49, Planning and Zoning C-Developments ordinances, Chapters 2, all Planned Unit 3773, 3899, 3901, 4003, 4081, 4122, 4194, 4236, 4284, 4322, 3694,
3730, 97, 3503, 3604, 3646, 36482247, 2516, 3443, 34District Ordinances evelopment Manual, Special to repeal and replace the current zoning ordinance, Land Ddopt the Unified Development
Code recommendation of approval to the City Council to aThe Community Development Team requests that the Commission forward a TEAM RECOMMENDATION to view.the public ordinance update.
All comments and answer are available on our website forcomments received either directly resulted in a change or was already supported by the in writing. 30 percent of the Team received
367 comments Community Development e project, the course of thengagement. During the through social media 80,268 people were reached members. An additional estimated 1,143 community
engagement reaching an person and virtual -hours of inconducted approximately 267 Development Team has date, the Community Events. events. Somali and Spanish translators were available
at select Neighborhood Week Documents were translated into Somali and Spanish and were available at all in person July 2022.-pment Team conducted engagement on the Consolidated Draft
The Community DeveloFeburary 2022. -Installment 3 public engagement occurred between December 2021conducting intensive virtual and in person engagement on Installments 1 and 2. September)
-The Community Development Team spent the entire summer of 2021 (May Community Engagement
4. Public Comments 5. UDC Zoning Districts Map
169 -D and MX-site parking in the -Language was added to clarify the provisions and restrictions of off o D-T and MX-site parking in the MX-Provisions for off · district. SubLanguage
was added to clarify the intent and limitations of the Medical Institutional o Medical Institutional Subdistrict · UDC has received their approval.County were still ongoing. These
agencies have now completed their reviews and the ervation at the Resources and the Local Government Unit in charge of wetland consThe Adoption Draft was release while reviews from
the Department of Natural o Shoreland Overlay District s and Decorah Edge Overlay and,Sensitive Lands: Wetland · 2022. th meeting on September 7 the Councilof the more significant
changes that have been made between the public hearing at Commission and The following list is intended to provide a summary key goals and objectives of the Comprehensive Plan.pment
regulations, and better implement the projects goal to bring together all of Rochester’s develo ment with the ederal requirements. These changes are in alignFtate and S County, align
the UDC withdevelopment standards, and the The impact of these reviews resulted in minor changes to fine tune the Community Development Department.standards by internal testing of
and partners such as Olmsted County, internal development review teammates, external development review State DNR, the ; comments fromchanges are a result of T to Council.of the Adoption
Draft from Commission the content d which have resulted in minor changes tocompletereviews have been 2022 th on August 10 Adoption Draft’s public hearing at Planning Commission Since
the .rd Adoption Draft Wednesday August 3The Community Development team released the UDC 2022. th Planning and Zoning Commission on August 10provided to outline the changes to the
Unified Development Code since receiving approval at the and 2022, th Development Department Memo dated August 10The memo is an addendum to the Community Community Development Supplemental
Memo RE: 2022 th August 26 DATE: The Community Development Department FROM: Mayor and City Council TO:
Section 60.100.030A 170 June 2022 Draft Adoption Installment 1 Staff DraftUnified Development Code T Site temporart Adoption Draft –June 2022 Unified Development Code Rochester,
Minnesota Title Section 60.100.010 :
Section 60.100.030A 171 20 .................................................................................. d Scale –N -MX G. 18 ....................................................................
.............................High Density Residential –4 -R F. 16 .......................................................................................... Medium Density Residential
–3 -R E. 14 ........................................................................................ Low Density Residential Infill –2x -R D. 12 .....................................................
................................................ –2 -R C. 10 ........................................................................................................ Family-SingleMixed
–1 -R B. 8 ............................................................................................................................ Agricultural -AG A. 8 ......................................
............................................................... Base Districts Section 60.200.030 6 ...................................................................................................
........... Boundary Interpretation B. 6 ......................................................................................................................................... General
A. 6 ............................................................................................ Official Zoning Map Section 60.200.020 5 ...........................................................
.................................. Summary Table of Zoning Districts A. 5 .............................................................................. Zoning Districts Established
Section 60.200.010 4 ..................................................................................................... Clerical Errors Section 60.100.080 4 ....................................
..................................................................... Severability Section 60.100.070 4 ...............................................................................................
...... Effective Date Section 60.100.060 3 ............................................................................................................................. Prior Violations
F. 3 ................................................................................................................... Pending Applications E. 3 ...................................................
................................................... Prior Development Approvals D. 3 ............................................................................... Adoption of Existing
Conditions of Approval C. 2 ................................................................ OrdinancesRepeal of Chapter in Rochester Code of B. 2 ..................................................
...................................... Repeal of Land Development Manual A. 2 ................................................................................................. Transition
Rules Section 60.100.050 2 ............................................................................................................. Authority Section 60.100.040 2 ..............................
.................................................................................... Compliance Required B. 1 .........................................................................................
........................... neral ApplicabilityGe A. 1 ........................................................................................................ Applicability Section
60.100.030 1 .............................................................................................................. Purpose Section 60.100.020 1 .............................................
................................................... Title Section 60.100.010 Contents Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010
:
Section 60.100.030A 172 140 ....................................................................... Introduction and Applicability Section 60.400.010 136 ...........................................
....................................................................... Temporary Permits H. 126 ..............................................................................................
Accessory Uses and Structures G. 118 .............................................................................. Utility, Communication, and Energy Uses F. 114 ...................................
......................................................................................Industrial Uses E. 102 ..........................................................................................
.......................... Commercial Uses D. 99 ......................................................................................... stitutional, and Civic UsesPublic, In C. 95
....................................................................................................................... Residential Uses B. 95 .......................................................
.........................................................................Applicability A. 95 .................................................................................. Standards
Specific-Use Section 60.300.020 86 ................................................................................ Relation to Local, State, or Federal Laws D. 86 ..................................
................................................................. Unlisted Uses and Structures C. 85 ..................................................................................................
................. Allowed Uses Table B. 85 ......................................................................................................... Organization of the Table A. 85 ..................
................................................................................... Introduction ion 60.300.010Sect 75 ..............................................................................
.............. Shoreland District Overlay –SDO F. 58 .......................................................................................................... Floodplain Overlay –FPO
E. 51 .................................................................................................... Decorah Edge Overlay -DEO D. 45 .........................................................
............................. Heritage Preservation Overlay –HPO C. 45 .............................................................................................. Airport Protection
Overlay --APO B. 45 ................................................................................................................. A. 45 ........................................................
...................................... Overlay Districts Section 60.200.040 44 ........................................................................................................................
......... Holding -H Q. 42 ............................................................................................................... Special Industrial –SI P. 40 .............................
...................................................................................... Light Industrial –LI O. 37 ....................................................................................
............................... Business Park –BP N. 35 .................................................................................................. Mixed Use Downtown –D -MX
M. 30 ................................................................ Oriented Development-Transit –T -MX L. 28 .....................................................................................
.............Mixed Use Institutional –I -MX K. 26 ....................................................................................................... Mixed Use General –G -MX J.
42 ......................................................................................................... Mixed Use Center –C -MX I. 22 ...........................................................
................................ Oriented-Mixed Use Street –S -MX H. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 :
Section 60.100.030A 173 186 ............................................................................................ Relationship to Other Standards C. 185 .......................................
.......................................................................................Applicability B. 185 ...........................................................................................
......................................... Purpose A. 185 ............................. Sensitive Lands, Wetlands, Stormwater, and Drainage ion 60.400.050Sect 176 .....................................
............................... Site Level Driveways, Access, and Connectivity D. 167 ..................................................................... Subdivision Level Connectivity
and Circulation C. 166 ..............................................................................................................................Applicability B. 166 ............................
........................................................................................................ Purpose A. 166 ...............................................................................
Access and Connectivity Section 60.400.040 161 ............................................................................................................... Parkland Dedication M.
160 ......................................................................................................... Quadrant Street System L. 160 ..........................................................
...................................................... .K 159 .................................................................................................................... Private
Roadways J. 159 ...................................................................................................................... Boulevard Trees I. 159 ........................................
................................ ion Design StandardsRoadway and Subdivis H. 158 .............................................................................................................
Lot Design Standards G. 157 ......................................................................................................... Access and Connectivity F. 152 .................................
..................................................................... Adequate Public Facilities E. 152 ...............................................................................................
.................. Vertical Subdivision D. 152 ................................................................................................................... Subdivision Name C.
151 ..............................................................................................................................Applicability B. 151 ...............................................
..................................................................................... Purpose A. 151 ..................................................................................
Section 60.400.030 150 ............................................................................ Exceptions to the Dimensional Standards G. 148 ..................................................
.............. Neighborhood Protection Standards F. 144 ............................................................................................ l StandardsGeneral Dimensiona E.
143 ................................................................ Front Lot Lines on Private Roadways 2. 141 ......................................................................................
.................... Application of Setbacks D. 141 ......................................................................... Residential Buildings on a Lot-Multiple Non C. 141 ......................
........................................................................................................Applicability B. 141 ..........................................................................
.......................................................... Purpose A. 141 ................................................................................ Section 60.400.020 140 ....................
..........................................................................................................Applicability B. 140 ........................................................................
............................................................ Purpose A. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 tyGeneral
Applicabili:
Section 60.100.030A 174 237 .................................................................................................................................... Purpose A. 237 .......................
..................................................................... Exterior Storage Section 60.400.090 236 .........................................................................................
............................... Bicycle Parking M. 235 ................................................................................................... Loading and Stacking Areas
L. 234 ............................................................................................................ Use of Vehicle Parking K. 228 ....................................................
............................ Design and Location of Vehicle Parking J. 282 .............................................................................................................
Small Car Percentage I. 227 ......................................................................................................................... Visitor Parking H. 227 .........................
.................................................................... Maximum Parking Adjustments G. 224 ..............................................................................................
Minimum Parking Adjustments F. 219 .............................................................. cle Parking RequiredMinimum and Maximum Vehi E. 219 ................................................
.............. Calculation of Parking and Loading Requirements D. 218 ................................................................................ Compliance with Other City Ordinances
C. 218 ..............................................................................................................................Applicability B. 218 ............................................
........................................................................................ Purpose A. 218 ................................................................... Parking, Loading,
and Stacking .400.080Section 60 211 ....................................................................................................................... Building Design F. 204 ...................
........................................................................................................... Site Design E. 204 ........................................................................
............................................................. Parking D. 204 .........................................................................................................
Access and Connectivity C. 204 ..............................................................................................................................Applicability B. 204 ....................
................................................................................................................ Purpose A. 204 .......................................................................
....... Site and Building Design Section 60.400.070 203 ........................................................................................ Alternative Equivalent Compliance F.
202 .................................................................................................... Fences, Walls, and Hedges E. 199 ............................................................
.................................................................. Bufferyards D. 198 ........................................................................................................
Parking Lot Landscaping C. 192 .............................................................................................................. General Landscaping B. 189 .............................
......................................................................................... Boulevard Trees A. 189 ....................................................... Landscaping,
Bufferyards, and Fences Section 60.400.060 187 .................................................... Erosion Control, Grading, and Stormwater Management G. 187 .......................................
....................................................................................... Stormwater F. 186 .............................................................................................
..................................... sWetland E. 186 ....................................................................... General Requirement for all Sensitive Lands D. Adoption
Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 :
Section 60.100.030A 175 262 ...................................................................................................................... Public Amenities D. 262 ............................
................................................................................ Point of Measurement C. 262 ..........................................................................................
........................ Specialized Report B. 261 ........................................... RequirementsCompliance with Other City, State, and Federal A. 261 .....................................
................................... Maintenance and Operation Section 60.400.130 260 ..............................................................................................................
Criteria for Incentives F. 257 .......................................................................................................... Incentive Requirements E. 254 ..............................
............................................................................. D. 253 ....................................................................... and Decision Timing of Incentive
Application C. 253 ........................................................................................................ Combination of Bonuses B. 253 ............................................
........................................................................................ Purpose A. 253 ...............................................................................................
....... Incentives Section 60.400.120 252 ................................................................................................................ Sign Measurements K. 252 ...................
.......................................................................................... Message Substitution J. 251 ................................................................................
..................... Murals and Other Displays I. 250 ................................................................................................ Temporary Signs H. 248 ........................
......................................................................................................... Billboards G. 243 ...........................................................................
............................................. Sign Standards F. 243 ......................................................................................................................
Prohibited Signs E. 242 ........................................................................................................ Signs Requiring a Permit D. 241 .....................................
............................................................ Signs Not Requiring a Permit C. 241 ......................................................................................................
........................Applicability B. 241 .................................................................................................................................... Purpose
A. 241 .............................................................................................................. Signs Section 60.400.110 240 ...................................................
.................... Maximum Permitted Illumination and Height G. 240 ................................................................................................................
Luminaire Mounting F. 239 ............................................................................................................ General Requirements E. 239 ...................................
..................................................................... D. 238 .................................................................................. Lots and Garages C. 238
..............................................................................................................................Applicability B. 238 ...................................................
................................................................................. Purpose A. 238 ............................................................................................
LightingExterior Section 60.400.100 237 .................................................. -Requirements in Mixed Use and Non C. 237 ........................................................
Agricultural and Residential DistrictsRequirements in B. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 :
Section 60.100.030A 176 306 ............................................................................................................. UDC Text Amendment D. 304 ...................................
.............................................................................. dAnnexation of Lan C. 301 ...................................................................... Growth
Management Map Major Amendment B. 298 ................................Comprehensive Plan and/or Land Use Plan Adoption or Amendment A. 298 ...........................................................
........ Major Decisions by City Council Section 60.500.040 291 ...................................................................................Decision Actions and Limitations-Post
F. 285 ............................................................................................................... Review and Decision E. 279 ....................................................
............................... Application Submittal and Processing D. 275 .......................................................................................................................
Public Hearings C. 273 ........................................................................................................... Submittal Activities-Pre B. 273 ...................................
................................................................................................. General A. 273 ....................................................................................
Common Procedures ction 60.500.030Se 272 .............................................................................................................................. City Council
F. 272 ........................................................................................................ Zoning Board of Appeals E. 271 .......................................................
................................ tion CommissionHeritage Preserva D. 270 .............................................................................................................
Planning Commission C. 269 ......................................................................................... Community Development Director B. 269 ...........................................
......................................................................................... Purpose A. 269 ........................................................... making Bodies-Review
and Decision Section 60.500.020 266 .................................................................................. Summary Table of Review Procedures B. 266 .....................................
............................................................................................... Purpose A. 266 ........................................ Introduction and Summary Table
of Procedures Section 60.500.010 265 ........................................................................................................................................ Noise
O. 264 .................................................................................................................................. Vibration N. 264 ...........................................
.................................................................................. Particulates M. 264 ................................................................................................
...................................... Smoke L. 264 ........................................................................................................................................
Glare K. 263 .................................................................................................... losion HazardsFire and Exp J. 263 ..................................................
........................................................................................Heat I. 263 ...................................................................................................
..................................... Odors H. 263 ........................................................................................................................................
Signs G. 262 ....................................................................................................................... Exterior Storage F. 262 .........................................
................................. Landscaping and Usable Recreation Areas E. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 :
Section 60.100.030A 177 374 ........................................................................... Bringing a Nonconformity into Compliance C. 374 ...............................................
................................................. General Authority to Continue B. 374 ................................................................................................................
.................... Purpose A. 374 ........................................................................................... Nonconformities Section 60.500.080 371 ................................
................................................................................................... Variance C. 367 ...................................................................................
............................... Major Modification B. 362 .................................................................................................................. Minor Modification
A. 362 ...................................................................................... bility and ReliefFlexi Section 60.500.070 362 ..........................................................
.................................................................... Sign Permit K. 361 ............................................................................................................
J. 359 ........................................................................................................................ Grading Permit I. 356 ................................................
............................................. Floodplain Development Permit H. 354 .............................................................................................. Minor
Land Subdivision Permit G. 353 .................................................................................................................... Temporary Permit F. 352 ..........................
............................................................................ Rental Housing Certificate E. 350 ................................................................ Minor
Alteration –Certificate of Appropriateness D. 348 ........................................................................................................... C. 345 ...............................
..................................................................... General Development Plan B. 343 .................................................................................................
................... cateZoning Certifi A. 343 ................. Development Approvals by Community Development Director Section 60.500.060 340 ........................................................
.......................................... Shoreland Protection Permit C. 339 ................................................................ Major Alteration –Certificate of Appropriateness
B. 334 ........................................................................................................... Conditional Use Permit A. 433 ................... Decisions That
Require a Hearing by a Designated Authority Section 60.500.050 332 ..................................................................................................................
Interim Use Permit N. 331 ........................................... .criteria See Section 60.500.050A Conditional Use Permit for M. 328 ............................................................
............................................. Distinctive Development L. 327 .......................................................................... Criteria for Public Street Vacation
Approval K. 326 ...................................................................................... Public Street or Easement Vacation J. 324 .....................................................
......................................................... I. 323 ..................................................................................................................................
Final Plat H. 318 .............................................................................................. Major Land Subdivision Permit G. 314 .................................
Designation or Removal of Landmark Property or Landmark District F. 309 ......................................................................... Rezoning (Official Zoning Map Amendment)
E. Adoption Draft –June 2022 Unified Development Code Rochester, Minnesota Title n 60.100.010Sectio :
Section 60.100.030A 178 390 ..................................................................................................... Definitions Section 60.600.030 389 ..................................
............................. Rules of Measurement Separation Requirements D. 389 ..............................................................................................................
Computation of Time C. 388 ...................................................................................................... Parking Space Calculation B. 387 ...................................
............................. Requirements Rounding of Numeral A. 387 ................................................................................. Rules of Measurement Section 60.600.020
387 ............................................................................................................. B. 387 ............................................................................
........................................................ Purpose A. 387 ................................................................................... Section 60.600.010 386
.................................................................................................................................. Penalties I. 385 ..................................................
...................... Enforcement After Expiration of Time Period H. 385 ......................................................................................................... D
G. 385 ................................................................................................................... Notice of Violation F. 384 ................................................
...................................................... Investigation of Violations E. 384 .............................................................................................................
................. onNotificati D. 384 .................................................................................................................... Types of Violation C. 383 ..................
..................................................................................... City Policy on Compliance B. 383 ................................................................................
.......................................... Responsibility A. 383 ...................................................... Violations, Enforcement, and Penalties Section 60.500.090 382
..............................................................................................................Nonconforming Signs J. 381 .............................................................
..................................... Nonconforming Site Feature I. 379 .................................................................................................................
Nonconforming Lot H. 378 ........................................ ted by Flood District RegulationsNonconforming Structure Crea G. 377 ...............................................................
........................................ Nonconforming Structure F. 374 ................................................................................................................
Nonconforming Use E. 374 .............................................................................................. Conditions on Nonconformities D. Adoption Draft –June 2022
Unified Development Code Rochester, Minnesota Title Section 60.100.010 :
Section 60.100.030A 179 .ederal lawf tate, orsCity, County, of suance would result in a violation knowingly issue a development permit or license if such is. No City official or employee
may ederal lawf tate, ors, ountyC ,ityCresult in a violation of would it f. No development may be approved iin the City applies to all development UDCThis to effect.shall be put
in UDCappropriate governing body, the the established municipal limits where, through joint legislative agreement with the areas outside and in any applies within the municipal limits
of the City of Rochester UDCThis Section 60.100.030 .floodplains, watercourses, drainage ways, and ridge lines; and natural topographic featurescompatible with, preserves, and enhances
sensitive natural areas such as steep slopes, s i ecosystem by requiring planning, design, and development thatnatural Rochester’s Sensitively fit the built environment into the natural
environment with minimal disturbance to F. andcommunity; Reduce greenhouse gas emissions and prepare for the impacts of climate change on our E. infrastructure requirements; her public
Facilitate the adequate provision of transportation, schools, parks, and ot D. ;Rochesterand enhance the appearance and quality of development in cultural resources Safeguard C. congestion;reduce
and d size of buildings; provide for a variety of housing types; the location, height, bulk, anthat regulate Rochester Comprehensive Plan Establish and apply zoning districts guided
by the B. Rochester Comprehensive Plan and other adopted plans; set forth in thestrategies adopted by the City of Rochester, including those the policies, goals, and Implement A.
also is intended to: UDCprotecting the rights of property owners. This , while also Rochesterappropriate and reasonable controls for the development and use of lands in he public health,
safety, and welfare by providing is to promote t UDCgeneral purpose of this The Section 60.100.020 ”.CodeSubdivision “or the ”,CodeZoning “the ”,CUD“the ”,CodeUnified Development
“and may also be cited or referred to as the ”CodeDevelopment Unified Rochester“own, cited, and referred to as the shall be kn CThe ordinance codified in this UD Section 60.100.010
1 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Title Section 60.100.010 :
Section 60.100.030B 180 7, Heritage Preservation, of the Rochester Code of Ordinances. -4Chapter 9, Planning and Zoning Commission, and -Chapter 2This UDC repeals and replaces in its
entirety .repealed, as was amended and supplemented, is hereby RochesterCity of for the Manual. The previous Land Development unless specifically stated otherwise in this UDC enactment
itssupersedes all other general and permanent ordinances enacted prior to UDCThis Section 60.100.050 s.Indoor Gun Rangeauthorize standards for the regulation of and MN Rules 7030
Minn. Stat. §87A.08, subd. 1(a) reas within the City of Rochester.a of “Shoreland” and “Floodplain” d criteria for the management and 105 authorize minimum standards an ,104103, .sChMinn.
Stat. Minn. Stat. Ch. 471.193, authorizes cities to establish and carry out heritage preservation programs. . sZoning Board of Appeals, enact official controls, and provide penalties
for violation establish a462, authorizes the municipality to administer planning and zoning activities, .ChMinn. Stat. Section 60.100.040 .UDCwill comply with the provisions of this
applicant to provide the necessary information that will show that the proposed development he , the burden shall be upon tUDCFor all applications filed under the regulations of this
.approval imposed upon those permits or certificatesactivity to obtain any necessary permits or certificates and to comply with any conditions of and other persons involved in any
development, before begin ,buildersIt shall be the responsibility of all property owners, architects, contractors, subcontractors, enforced by the City as if they were fully set
forth in this UDC.y be and ma UDC shall be deemed to be part of thisresolution of the City Council adopted byAny appendices to this UDC and any standards or regulations related to
this UDC that are .UDCforce and effect as the text of this and given the same UDCa part of this are hereby made in this UDC Tables and illustrations State or Federal law. unless
otherwise prohibited by shall govern UDCgreater restrictions, the provisions of this imposes UDCrmits previously adopted or issued pursuant to law. However, wherever this peor ,,
ordinancesseasements, covenants, deed restrictions, agreements, rules, regulationto repeal, abrogate, annul, impair, or interfere with any existing UDC is not intended The 2 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Authority Section 60.100.040 Compliance Required:
Section 60.1 181, it shall no longer be deemed a violation. Unpaid fees and/or penalties from prior UDCthis ations fully complies with If a development or activity in violation of the
prior development regul .UDCprocessed under a combination of prior regulations and this . Applications shall not be UDCbe reviewed and decided under this requests that the applicationicant
unless the appl regulations in effect when the application was determined to be completemay be decided under the UDCDirector prior to the effective date of this Development Community
development application that has been determined to be complete by the A .Modifications to Approved Conditional Use Permits ,60.500.050A.5Section Planned Unit Developments shall be
reviewed and decided pursuant to amendments to approved approvals until they are amended or replaced, except that thosebe governed by the terms of \[the effective date of this Code\]approved
by the City before 2, and 3, Planned Unit Developments Without limiting the generality of Subsections 1, .Modifications to Approved Conditional Use Permits ,Section 60.500.050A.5reviewed
and decided pursuant to proposed amendment will be edure or criteria to amend an approved site or development plan, the do not specify the procWhen those Ordinances development or redevelopment
of those lands to which they apply. shall remain in effect and shall regulate the )DistrictCampus the Medical as referred to collectively are hich w( , 3669, 4052, and 35346272mber
approved by Ordinances nu, development regulations above Without limiting the generality of Subsections 1, 2, and 3 amendment.development standards in effect at the time of submission
of a complete application for the ations shall be reviewed based on the other form of approval issued under prior regulUnless otherwise provided in the initial approval, any proposed
amendment to a permit or .UDCsubject to the procedures and standards of this e becomes invalid, any subsequent development of the site shall be revoked, or otherwis, is any required
time frame withinbeing established without If the prior approval expires operations and maintenance.regarding ongoing UDCdevelopment complies with any applicable standards of this
he approval has not expired and the standards in effect at the time of approval, provided tmay be carried out under the terms and conditions of the approval and the development UDC
Any development approved under regulations in effect prior to the effective date of this .UDCany parcel prior to the date of adoption of this development plans, use permits, variances,
stipulations, and conditions that currently apply to adopts and incorporates by reference the stipulations and conditions from UDCThis 3 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Transition Rules Section 60.100.050 Adoption of Existing Conditions of Approval: 00.050C
Section 60.100.050F 182 referenced in, any such ordinance, resolution, motion or other action.Development Director is authorized to correct any clerical error in any document attached
to, or resolution, motion, or other action taken by any public body pursuant to the UDC. The Community The Community Development Director is authorized to correct any clerical error
in an ordinance, Section 60.100.080 may be declared invalid or unconstitutional. or phrases clauses,subdivisions, sentences, or portion irrespective of the fact that any one or more
sections, subsections, phrase,clause, and each section, subsection, subdivision, sentence, UDCdeclares that it would have adopted this hereby expressly or its application to other
persons and places. The City Council UDCportions of this in any way to the City, for any reason, such decision shall not affect the validity of the remaining or United States Constitutions,
or inapplicable Minnesotal under the law, unconstitutiona Minnesotaapplication of it to any person or place is held by a court of competent jurisdiction to be invalid under or the
UDCIf any section, subsection, subdivision, sentence, clause, phrase, or portion of this Section 60.100.070 stated.e ” or to the “effective date” shall refer to that date unless otherwis
C the “effective date of this UD to CAll references in this UD \].of the UDC shall become effective on \[ CThis UD Section 60.100.060 Director.Community Development by the under the
prior regulations, as determinedenforcement of violations may still be valid and may remain the responsibility of the violator 4 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Effective Date ion 60.100.060Sect Prior Violations:
183 Holding Zone --H Interim Zone --I Holding Zone --H Special Industrial -- Industrial --2 -M IndustrialLight -- Mixed Commercial Industrial --1 -M Business Park -- Low Intensity
Mixed Commercial Industrial --3 -M and Medical subdistricts)Use Downtown (Fringe, Business, Mixed --D -MX and Medical, subdistricts)Business, Central Development Core (Fringe, --CDC
Corridor, and Village subdistricts)Oriented Development (Node, -Transit –T -MX Corridor subdistricts)Oriented Development (Node and -Transit –TOD Use Institutional Mixed --I -MX Mixed
Redevelopment --MRD eneralUse G Mixed --G -MX General Commercial --4 -B Use Center Mixed --C -MX -- Use Street Oriented Mixed --S -MX Restricted Commercial --1 -B Neighborhood Scale
Mixed Use --N -MX Residential Commercial --5 -B Pedestrian Oriented Restricted Commercial --2 -B High Density Residential --4 -R subdistrictCentral Development Core Residential --CDC
High Density Residential --4 -R Medium Density Residential --3 -R Medium Density Residential --3 -R Low Density Residential Infill ---R xtraLow Density Residential E ---R Low Density
Small Lot --2 -R Low Density Residential --2 -R Family Extra-Mixed Single ---R Family-Mixed Single --1 -R Family Overlay-Mixed Single ---R Family-Mixed Single --1 -R Agriculture --
Agriculture - .are hereby established 1-200.01Table districts shown in The zoning Section 60.200.010 5 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Summary Table of Zoning DistrictsSection 60.200.010A Zoning Districts Established Section 60.200.010
184 Floodplain Overlay --FPO Floodway District -- Flood Prone District -- DistrictFlood Fringe -- Decorah Edge Overlay --DEO )Section 9.20Code Olmsted County (Decorah Edge Overlay
District Shoreland District Overlay --SDO Shoreland District Heritage Preservation Overlay –HPO Code Section 4.7)ation Overlay District (Rochester Heritage Preserv Airport Protection
Overlay --APO (freestanding ordinance) Rochester International Airport Zoning Ordinance .boundary shall be construed as moving with the channel centerlineor other water courses, the
zone ,natural change in the location of such streams, riversevent of a water courses taken at mean low water, and in the those channel centerline of or other continuously flowing water
courses shall be construed as following the ,riversoundaries shown as following or approximately following the centerline of streams, B .inesconstrued to lie midway between the main
tracks of such railroad loundaries shown as following or approximately following railroad lines shall be B .lot linesthose following ries indicated as approximately following platted
lot lines shall be construed as oundaB .centerlinesthose or alleys shall be construed to follow highwaysoundaries indicated as following or approximately following the center lines
of streets, B .boundariesthose extraterritorial jurisdiction boundaries shall be construed as following oundaries indicated as approximately following governmental incorporation orB
location of any zone boundary shown on the Official Zoning Map:to determine the precise shall use the following rules Community Development DirectorThe Clerk is able to access
that map.shall ensure that the City Council andso that it reflects all amendments approved by Map shall be responsible for maintaining the Official Zoning Community Development DirectorThe
.endments to the map approved by Councilreflects all and maintained on the City’s website districts established by this UDC that is reflecting the boundaries of those map eis the
latest version of th MapZoning The Official UDCmade a part of this , is on that mapanatory materials contained , together with all explthatZoning Map Rochester are bounded and defined
as shown on the Official UDCZoning districts established by this Section 60.200.020 6 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota GeneralSection
60.200.020A Official Zoning Map Section 60.200.020
185 .(2)use of property under Minn. Stat. 462.357, subd. 2considered a not determination is ection, a zoning district boundary For the purposes of that S .AppealsSection 60.500.030F.2
above as described in 1 Subsection regarding a zoning district boundary under DirectorCommunity Development may appeal the decision of the A property owner or applicant area shall
apply.districts apply on a lot, the standards applicable to the majority of the Where multiple features and at such distances there from as are shown on the map.those parallel to
above shall be construed to be eightthrough onethe features listed in paragraphs cted as separated from, and parallel or approximately parallel to, any of oundaries indiB .determined
by accepted surveying practiceparticular type shall be construed as following the actual height or soil contour as oundaries indicated as following the contours of certain elevations
or soils of a B .linesthose ued as following shall be constroundaries shown as following section lines, half section lines, or quarter section lines B .shall be construed as moving
with the actual mean high waterlinelake, and in the event of change in the mean high waterline, the n high waterline of meaoundaries shown as following shorelines of any lake shall
be construed to follow the B 7 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Boundary Interpretation: Section 60.200.020B Official Zoning Map Section
60.200.020
186 areas of the community.al uses surrounding more densely populated rural and urbanized and detached residentiis characterized by open areas of land, large planted areas, .annexed
undeveloped areasin useslarge lot rural residential and agricultural accommodateto intendeddistrict is The AG Section 60.200.030 8 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Agricultural -AG : Section 60.200.030A Base Districts Section 60.200.030
187 45 35 25 16 12 6 02 60 feet 35 Acres 9 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Agricultural -AG : Section 60.200.030A Base Districts
60.200.030 Section
188 the existing housing stock and infrastructure.fill development in established areas through the efficient use of -provides opportunities for inThis district also .density
residential are permitted-lowUses supportive and in character with .stylesfamily dwellings of various -singlethe emphasis is generally on the development of intended to maintain and
promote areas of low residential density where 1 district is -The R raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Family-ed SingleMix –-RSection 60.200.030B
Base Districts Section 60.200.030
189 24 feet for Accessory Dwelling Units. \[ \[1\] 51 35 20 12 12 5 15 0 feet6 ,000 sq. ft.5 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Family-Mixed
Single –-RSection 60.200.030B Base Districts Section 60.200.030
190 .character of the area are permittedthe mpatible infill development, consistent with s, and coresidential use-nonCertain supportive dwellings and other attachedduplexes dwellings
to family detached-predominantly singleare undergoing a conversion from density or-dwelling types that are of an overall loweas with a mixture of residential district is intended
to maintain and promote ar 2-The R raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Low Density Small Lot –-R: Section 60.200.030C Base Districts Section
60.200.030
191 24 feet for Accessory Dwelling Units.\[1\] \[1\] 15 35 10 10 11 0 15 feet 30 3,000 sq. ft. raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Low
Density Small Lot –-R: Section 60.200.030C Base Districts Section 60.200.030
192 within the district.s may be provided residential use-non. Certain supportive tcharacteristics of developmenestablished to support residential infill and reinvestment that
is compatible with the existing core. This district is density near the downtown-to medium -dwelling types of overall lowdistrict is intended to maintain and promote areas with a mixture
of residential -The R raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Low Density Residential Infill –2x -RSection 60.200.030D Base Districts Section
60.200.030
193 .Building Designection 60.400.070FS modules consistent withEach façade longer than 50 feet in length facing any public street shall be divided into limited to 80 feet.building
façade facing any public street shall be The maximum length of a multifamily \] 24 feet for Accessory Dwelling Units.1\[ \]1\[ 54 20 21 01 6 20 feet 30 ,000 sq. ft.2 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Low Density Residential Infill –2x -RSection 60.200.030D Base Districts Section 60.200.030
194 .character of the area are permitted, consistent with the civic usess and residential use-nonredevelopment. Certain supportive itydens-higher need to encourage re is athewhere
areasdensity -or existing low density areas-. It is appropriate for mediumdwellings residential multifamilyredominantly to maintain and promote pdistrict is intended 3-The R
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Medium Density Residential –-RSection 60.200.030E Base Districts on 60.200.030Secti
195 is located, whichever is greater. ha multifamily dwelling building in whic fpercent of the gross floor area of the ground floor oNo commercial use shall have a gross floor area
greater than 2,500 square feet, or 50 52 84 25 16 12 6 20 30 feet 3,500 sq. ft. raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Medium Density Residential
–-Ron 60.200.030ESecti Base Districts Section 60.200.030
196 .uses of similar intensitycivic and Residential-Nonand supportive commercialcertain highest intensity along with of the dwellings residential multifamilyand promote ded to
maintain district is inten 4-The R raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Residential High Density –-R: Section 60.200.030F Base Districts
Section 60.200.030
197 is located, whichever is greater.it a multifamily dwelling building in which fpercent of the gross floor area of the ground floor o, or 50 l have a gross floor area greater than
2,500 square feetuse shal commercialNo 25 15 None 7 10 15 60 feet 6,000 sq. ft. raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota High Density Residential
–-R: Section 60.200.030F Base Districts Section 60.200.030
198 .friendly uses and design-and supporting pedestrian commercial areasscale -neighborhoodand transit access to ,health of the community by providing walking, bikingthe vitality
and istrict contributes tod, the near or at the edges of residential districtscorners on Typically, and residential uses in areas adjacent to more traditional residential districts.
commercialintensity -ict is intended to maintain and provide for a mix of lowdistr N-The MX raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Mixed Use
Neighborhood Scale –-Section 60.200.030G Base Districts Section 60.200.030
199 l streetresidentia Localgenerated by the use onto a or channel a majority of the traffic points fromnot have vehicle access Uses shall gross floor area greater than 5,000 square
feet.shall have a useresidential -nonNo \[1\] 24 feet for Accessory Dwelling Units. 15 \[1\] 24 5 10 7 5 (maximum)None to 15 None None raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Mixed Use Neighborhood Scale –-Section 60.200.030G Base Districts Section 60.200.030
200 .friendly uses and design-and supporting pedestrian areas local commercialtransit access to and ,he vitality and health of the community by providing walking, bikingcontributes
to tistrict d hT .zone districtsresidential streets near or at the edges of that are located along uses commercialintensity -to midlow promotedistrict is intended to maintain and
S-The MX raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Oriented-Mixed Use Street –-: Section 60.200.030H Base Districts Section 60.200.030
201 24 feet for Accessory Dwelling Units.\[1\] 15 \[1\] 36 None None 7 None None to 15 (maximum) None None raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
: 0 Base Districts Section 60.200.030
202 orhoodscompatible with surrounding residential neighbDevelopment shall be at a walkable scale that is civic and community, and accessory uses.s such as lodging, offices,
retail, residential use-nondevelopment and compatible residential density -y areas of mediumfriendl-to provide for pedestrianC district is intended -The MX raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Mixed Use Center –-Section 60.200.030I Base Districts Section 60.200.030
203 \[1\] 24 feet for Accessory Dwelling Units. 15 \[1\] 84 7 None None None 15 None None raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Mixed Use
Center –-Section 60.200.030I Base Districts Section 60.200.030
204 .the entire region or community inresidents number of large and intended to servesized the district are generally Uses in .or service is infrequent available,where transit
is not intersection locationeither a street frontage or an , oriented toward tcommercial developmenintensity -to high -middistrict is intended to provide for areas of concentrated
G-The MX raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Mixed Use General –-: Section 60.200.030J Base Districts Section 60.200.030
205 ing the street level frontage.uses in that area of the building occupy permittedare part of the business operation are thatRetail, wholesale, or office activities and ;activities
(including space occupied by the machine operators)or assembling ,ry engaged in manufacturing, finishingmechanical equipment or machineo more than 50 percent of the gross floor area
of any building shall be occupied by N ;shall not occupy the ground floor street frontage of any building suse Industrial 25 06 None None 7 None 15 None None raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Mixed Use General –-: Section 60.200.030J Base Districts Section 60.200.030
206 ownership., regardless of public or private research centersresort complexes, and l centersmedicabuildings such as universities and colleges, campus types uses involving
multiple related profit, and other -noninstitutional, civic, accommodate intended to district is I-The MX raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Mixed Use Institutional –-Section 60.200.030K Base Districts tion 60.200.030Sec
207 52 07 8 None 7 10 15 None None raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Mixed Use Institutional –-on 60.200.030KSecti Base Districts
Section 60.200.030
208 commercial uses.supporting ll as freestanding residential and garages enclosed by other uses, as weT subdistricts in order to accommodate large parking -than the other MX buildingsand
longer rIt permits talleride facility. -and-that are in close proximity to a City park for areasis intended subdistrict andntensity i-T Village subdistrict is the highest-The MX
uses.is primarily characterized by residential development butsubdistrict contains mixed use . This neighborhoodsTOD developments and -Corridor subdistrict and the adjacent non between
thein building height, development density, and range of uses transition create a intendedintensity subdistrict. It is -the mediumis ubdistricts Node T-The MX commercial uses will
occur along most street frontages. uses. Ground floordensity residential -mile from the station. It includes high intensity businesses and highquarter -for areas adjacent to the transit
stations and generally extends no more than oneintended . It is least intensive of the three subdistrictsthe is ubdistrictsT Corridor -The MX .subdistricts as described belowT district
has three -The MXdevelopment that could interfere with transit ridershipand types of y, promote the use of transit, and discourage land uses pedestrian activitvibrant requires intensities
and patterns of development that support (TOD) oriented development-supportive and transit-opportunities for transit provideintended to T district is -The MX raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –-: Section 60.200.030L Base Districts Section 60.200.030
209 30 30 30 95 85 65 D(Maximum in feet) and Length Building/Structure Height 5 0 5 C 5 0 10 2 2 2 5 0 5 B 0 0 0 A Building Setbacks (Minimum in feet) None None None None
None e Lot Dimensions (Minimum)Subdistricts Lot and Building Standards- -200.03Table raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit
–-: Section 60.200.030L Base Districts Section 60.200.030
210 a covering:windows or other transparent glazed areway shall have transparent --Each façade of a primary building facing a public right way.--pedestrian entrance and the street
or rightpedestrian area located between the -gh a garage, parking lot, or a nonthroudirect access to the adjacent sidewalk without requiring pedestrians to pass Each required pedestrian
entrance shall open directly to the outside and have way.--pedestrian entrance facing that public rightng ground floor tenants may share a single standard, a maximum of two abuttiway.
As an exception to this --pedestrian entrance facing that public rightground floor tenant space with 25 feet of frontage or more shall have at least one way, each --floor tenant spaces
facing a public right-ground If there are multiple pedestrian entrance shall face the front lot line.required entrance shall face those streets. If the lot does not have frontage on
the the Ave. SE, rd St. SE or 3 th Broadway, 2nd St SW, 4th St SE/Collegeview Rd.ns of N. and S. way. If the lot has frontage on those portio--facing a public rightEach primary structure
shall have at least one pedestrian entrance on each façade SE/Collegeview Rd. shall be a minimum of 40 feet in height.e, 2nd St SW, and 4th St. located within 100 feet of N. and
S. Broadway Av, portions of new primary structures and Village subdistricts Node T-the In of 25 feet in height.100 feet of N. and S. Broadway Ave, 2nd St SW., and 4th St SE shall
be a minimum structures located within Corridor subdistrict, portions of new primary T-the In c. .and Building DesignSite Section 60.400.070Additional standards on building design
can be found in .edestrian Oriented SpacePSection 60.400.040D.11.dwith e in compliance structure shall be occupied with pedestrian oriented spactween a public or private street (excluding
alleys) and the Setback areas be .required by the recorded easementof each primary building shall be located no further than the minimum distance façadeeasement requires a larger
setback, at least 65 percent of the first floor of the front ere a recorded feet from each front lot line. In cases wh 5located not more than 1of each primary building shall be façadeAt
least 65 percent of the first floor of the front raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Oriented Development-Transit –-: Section 60.200.030L
Base Districts Section 60.200.030
211 .Pedestrian Design and AccessibilitySection 60.400.040D.11District shall comply with T-All developments in the h. Bicycle Parking.Section 60.400.080Mas required in Bicycle parking
shall be provided structure. primarypedestrian entrance in each accessibleat least one feet in width shall be provided between fivepedestrian walkway at least accessiblea structure,
primaryWhere a lot or development site includes more than one material, color, or height, decorative bollards, or similar elements.or parking lot, the crossing shall be clearly marked
with a change in paving es a street, driveway, drive aisle, Where a sidewalk, trail, or other walkway cross building entrance.At least one walkway shall be provided from an adjacent
sidewalk to each .the streetfeet in width shall be located between the sidewalk and fiveeet in width, and a planting strip at least f sevensidewalks shall be a minimum of ubsection
(a) above,Sin listedthose On property fronting any street other .the streetsidewalk and width, and a planting strip at least five feet in width shall be located between the all be
a minimum of 10 feet in sidewalks sh Ave. SE, rd St. SE, or 3 th Dr.On property fronting N. or S. Broadway, SW. 2nd. St, or SE. 4th St./Collegeview following standards:Sidewalks shall
be provided on both sides of the street, and shall comply with the onable period of time.available on the adjoining lot within a reasaccess provisions will be -the Director determines
that it is unlikely that the crossdevelopment on adjoining lots. The Director may adjust or waive this requirement if on systems of existing or allowable future development and the
circulatiaccess between the circulation systems of the proposed -pedestrian crosssystems") of each development shall be designed to allow vehicular, bicycle, and rnal vehicular, bicycle,
and pedestrian circulation systems ("circulation The inte .windowstinted shall not include reflective or heavily higher andtransmittance ratio of 0.6 or Required ground floor window
or glazed areas shall have a visible light ach floor level.measured between three and eight feet above e30 percent or more of each floor level of the façade above the ground floor,
as above sidewalk grade; and feet and eightthree 65 percent or more of the ground floor façade area, as measured between raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Oriented Development-Transit –-: Section 60.200.030L Base Districts Section 60.200.030
212 .Protection Standards NeighborhoodSection 60.400.020FStandards on neighborhood protection can be found in r walkway system.street ooriented -District without crossing the designated
pedestrian T-adjacent to the convenient access to that park and ride from collector or arterial streets within or General Development Plan shall include a street providing automobiles
, the llage T-or Node T-designated park and ride is included in the -If a city requiring pedestrians to cross or walk along an arterial or collector street.pedestrian access to the
transit stop without accessibleprovide convenient is located and designed to transit stop boundary no further than 300 feet thatoriented street or walkway system extending from the
nearest -One pedestrian following:shall designate the I.1ubsection SThe General Development Plan required by by arterial or collector streets.Village or Node T-Node bounded that
is separated from other portions of the T-ll of the property in common or related ownership within a portion of the A , or Villageor Node T-the withinll of the property in common
or related ownership A , oror Village eNod T-ll of the property in the A :shall cover either aboveI.1 ubsection by SThe General Development Plan required construction of a new primary
structure.or issuance of a building permit for Site Development Planapproval of a evelopment Plan prior to related ownership) shall obtain approval of a General Dthan 10 acres of site
area (taken individually or with adjacent parcels in common or that contains more Village subdistrict T-or Node T-Each property located in a j. properties. connectivity plans for
abutting or nearbyconsistent with the goals of the comprehensive plan and with any other approved consolidated or subdivided parcel or parcels, and the City has approved that plan as
ity will be maintained through the motor vehicle connectiv andpedestrian, bicycle, has submitted a General Development Plan demonstrating that a high level of shall be approved, unless
the applicant lots approved, and no subdivision of existinginto a parcel of one acre or larger shall be existing lots more two consolidation i. District shall govern. T-, the
provisions of this and Accessibility standardsn Design District are in conflict with the Pedestria T-Where the standards of the raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Oriented Development-Transit –-: Section 60.200.030L Base Districts Section 60.200.030
213 pedestrian amenities.and entertainment uses, with an emphasis on ,fice, serviceintegrated retail, financial, ofhighest intensity of concentrated and for the dedt is intenlan.
IRochester Master PDowntown of the D Business subdistrict is intended to promote the goals -The MX .ospital and medical campus the St. Mary’s H, in the vicinity of uses, along with
related supporting uses public-quasimajor public and to preserve and enhance medical facilities and dedinten subdistrictD Medical -The MX Business subdistrict.Central that are necessary
or tend to support and enhance the activities within the D Fringe subdistrict is intended for less intensive commercial and service uses -The MX :below described districtssub three
has D district-The .downtown area a vibrantpublic facilities and contribute to institutional development within the City, resulting in a mixture of uses that optimize nd a ,to provide
for the highest intensity of commercial, residentialintended district is D-The MX raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Mixed Use Downtown
–-: Section 60.200.030M Base Districts Section 60.200.030
214 30 30 30 H G Building/Structure Height (Maximum in feet) None e None F None None None E None None None None None None D None None None C Building Setbacks (Minimum in feet)
None None None B None None None A imum)Lot Dimensions (MinSubdistricts Lot and Building Standards- -200.03Table raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Mixed Use Downtown –-: Section 60.200.030M Base Districts Section 60.200.030
215 development.intent that such development will be compatible with and connected to adjacent residential and requirements for connectivity with the ,and lighting ,restrictions
on outside storage, signsximum rate of trip generation, level ma-level and individual site-park generallandscaping, a district is intended to accommodate business park development with
high levels of The BP raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Business Park –BP Section 60.200.030N sBase District Section 60.200.030
216 If within 100 feet of a residential district, then the maximum height shall be 35 feet for all structures.\[3\] .ilroadmay be reduced to 0 feet when abutting a ra setbackRear
\[2\] or permanent open space that limits the inclusion of other abutting lands. ,Plantopographic constraints, existing development, land already included in an approved General Development
or other ,xcept for sites that are bounded on all sites by arterial or higher level streets, streams\[1\] E None \]3\[ None \[2\] 10 None 12 None 25 None \[1\] acres 5 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Business Park –BP Section 60.200.030N Base Districts Section 60.200.030
217 .Residential DistrictAgricultural and shall be located within 200 feet of Self Service Storage Facilities c. .Residential DistrictAgricultural and areas and shall not be located
within 200 feet oExterior storage areas must be screened from view from adjacent streets and residential b. istrict.BP dlevel air quality permits are permitted uses in the ederalftate
or sobtain egulations to r ederalftate or sare not required by thatOnly those light industrial uses a. raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Business Park –BP Section 60.200.030N Base Districts Section 60.200.030
218 .proximity to residential areasan adequate level of buffering, could be located in reasonable thoroughfares, and with thoroughfares providing direct access or a local street
system with direct access to major are served by major thatimpacts, operational or traffic generate significant adverse do not thatmixture of commercial and industrial uses district
provides an area for a The LI raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Light Industrial –LI Section 60.200.030O Base Districts Section 60.200.030
219 structures., then 50 feet maximum height for accessory Residential DistrictAgricultural and n\] If within 100 feet of a2\[ .Rear Yard may be reduced to 0 feet when abutting
a railroad\[1\] \]2\[ None \]1\[ 40 \[1\] 10 None 12 None 25 None None raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Light Industrial –LI Section
60.200.030O Base Districts Section 60.200.030
220 .manufacturing usesserve the needs of industrial, transportation, and that mannera cost effective and efficient where different levels of infrastructure and transportation
improvements can be provided in areas ntended for. It is icharacteristics operational night operation, or other-lateactivities, related -, railnegative impacts they generate in terms
of truck trafficthe of districts becauseother uses that are potentially incompatible with ict is intended to accommodate distr The SI raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Special Industrial –SI : 30PSection 60.200.0 Base Districts Section 60.200.030
221 s.structure, then 50 feet maximum height for accessory Residential DistrictAgricultural and anIf within 200 feet of 1\[ \[1\] None 05 None None 12 None 25 None None raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Special Industrial –SI : Section 60.200.030P Base Districts Section 60.200.030
222 or expansions to existing uses in existing buildings.f except land or existing buildings or structures shall be made for properties in the H districtNo building or structure shall
be erected, enlarged, or moved and no change in the use of would be more appropriate for the property. 2-other than R character of the area and the established land uses on the property
suggest that a districtdesignation of the property on the Rochester Future Land Use Map, or the developed could result in modifications to the thatble to the property or the general
area applicathe designation of the property on the Rochester Future Land Use Map, changing conditions annexed property would be inappropriate because of the for 2-the default designation
of Rbe established on property if it is determined by the City that may The Holding Zone district City the opportunity to establish the appropriate zoning district for the property.annexation
when permanent development or reuse of land is not permitted and affords the is district provides a period of time after made by the City at the time of annexation. Thannexed lands
where the determination of the permanent zoning classification has not been The H district is intended to provide a temporary zoning classification for certain recently raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Holding -: Section 60.200.030Q Base Districts Section 60.200.030
223 heritage; character as related to its history andts unique promoting its economic viability through the protection and promotion of i's appeal and attraction to residents, visitors,
and tourists while City Enhance the history; cultural, social, economic, political, visual, or architectural's City elements of the that reflect and districts propertiesEncourage
the preservation of the community and to:identify and safeguard properties that have historic value to The HPO district is intended to the city.the boundaries of administer and
enforce the regulations of this Section 60.200.040B withinshall be the duty of the Community Development Director of the City of Rochester to Unless otherwise required by the Airport
Zoning Ordinance referenced in Subsection 1, it incorporated into this UDC.Ordinance, is hereby Airport Zoning That map, as amended from time to time pursuant to the and resulting
from application of the Airport Zoning Ordinance referenced in Subsection 1. ational Airport zoning map referenced in The map of the APO district is the Rochester Intern Minnesota
Department of Transportation website. Community Development Department or review the airport ordinances posted on the Protection Overlay ordinance please contact the Rochester To obtain
the most recent Airport Ordinance, as amended from time to time, is hereby incorporated into this UDC.be amended from time to time through procedures described in that Ordinance. That
d in Airport Zoning Ordinance Number 6, as that Ordinance may istrict are containedOverlay Airport Protection –The regulations, requirements, and procedures applicable to the APO
UDC requirements apply.standards and any other applicable e district base zonthe an overlay district is silent, On topics where overlay provision shall applythe stricter ,case of
a conflictthe s. Iprovisionoverlay district development must comply with all overlay districts apply to a property, . Where multiple shall applyzone overlay of the the provisions overlay
district, of a base zone district and the provisions of an the provisions conflict betweenIn the case of a .Base Districts ,60.200.030Section inunderlying base zone districts liste,
but do not replace, the supplement Section 60.200.040described in this These overlay districts Section 60.200.040 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota General ApplicabilitySection 60.200.040A Overlay Districts Section 60.200.040
224 have the potential to be designated landmark propertythat City property located within the or investigations of ,surveys, studies submittals ofshall conduct, cause to be conducted,
or accept Heritage Preservation CommissionThe heritage preservation programts, policies, or other materials having a direct bearing on the books, pamphleother known publications,
articles, context studies and , historicinvestigationssurveys, historic data, including publicly availableDevelop and maintain City's rich heritage;ens, and reflect the history
of the many groups that make up the capacity to its citizProvide educational opportunities for heritage preservation, act in an advisory designated propertiesinvolving for Certificates
of Appropriateness, for submitted permits and requests Review proposed development and alterations am. heritage preservation progrity pursuant to the Cloan funds, and other funds
that may be provided by the , grants, revolving sRecommend the allocation of such subsidies, tax abatement .s) in the HPOlandmark( propertiesesignated historic resources and dall
Ensure that there is an updated list of designation. properties for historic significance and possible ingand evaluat ingdentifyiity by Cwithin the iesPrepare and maintain a comprehensive
inventory of all propert n of the heritage preservation program. and administratio amendment,ity for adoptionCand consultation to the recommendations Provide The HPC shall: .Section
60.500.020Eand operational requirements as described in e Heritage Preservation Commission (HPC) is hereby established, with membership historic properties maintained by the Heritage
Preservation Commission.significance, including those designated as “landmarks” and those listed on the inventory of operties identified as having or likely having historic The HPO
district applies to all pr .Promote the environmental benefits of adapting and reusing buildings and general welfare of the people of the City;Promote the preservation and continued
use of historic properties for the education and ;past Foster civic pride in the beauty and notable accomplishments of the attention to historic properties; Enhance the visual and
aesthetic character, diversity, and interest in the City through raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO
Section 60.200.040C Overlay Districts Section 60.200.040
225 landmark district. Its location within and contribution as an element of an existing or possible future a place of a significant historic event; Its location as or United States;
state,characteristics of the city, Its character, interest, or value as part of the development, heritage, or cultural at least one of the following criteria: shall meet association.
Additionally, such properties , and historic integrity, based on location, design, setting, materials, workmanship, feeling must have maintained for landmark designationunder consideration
Historic properties ction 60.500.060D shall be pursuant to Sedestroy the historic integrity of the property, will be approved. Such permit reviews character defining features of
the property, only such alterations which will not demolition or alterations where proposed projects impact on the For partial Council for landmark designation, submit materials 60.500.040F.4.b,
demolition permit application, or at the time of HPC recommendation to the City Demolition Permit shall not be approved. The applicant may, upon submittal of the d if so, the the City
Council shall determine whether designation will occur anLandmark Property or Landmark District. If landmark designation is recommended, designation pursuant to Section 60.500.040F,
Designation or Removal of all be evaluated for possible landmark For complete demolition, the property sh shall: , the CityHistoric Property Inventoryis submitted for a property on
the application ermit Pemolition Dprovides protection from demolition. If a Historic Property InventoryPlacement on the ment Department. review by the Community DevelopThe inventory
of historic properties shall be established and maintained for public Council pursuant to Section 60.500.030F.The HPC’s decision to place a property on the inventory may be appealed
to the City n is completed.criteria of Section 60.200.040C5 to support future landmark designatioInventory when a phase I survey documenting how the property meets one or more of
the The Heritage Preservation Commission may place a property on the Historic Property .he HPO districtnated in tshall be desig Historic Property InventoryThe location of a property
listed on the below 60.200.040C.5Section criteria inevaluation meet the that City located in the landscapes and/or districtss, , objectssites, structusbuilding identify is intended
to Historic Property InventoryThe .known as the Historic Property Inventoryshall be This list , but historic data preliminarily supports designation. designation landmarkthe criteria
for meet ated and determined to that have not yet been fully evalu propertiesand resourceshistoric a list of and maintain compile may Heritage Preservation CommissionThe raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO Section 60.200.040C Overlay Districts 0.200.040Section 6
226 .60.500.060D.2.bSection t to pursuan, unless exempted contributing property in a landmark districta landmark property or for all actions affecting is required Section 60.500.060Dpursuant
to Minor Alteration --or a Certificate of Appropriateness 60.500.050BSection pursuant toMajor Alteration –A Certificate of Appropriateness following standards: building permit,
or that are paid for in whole or in part by City funds, shall comply with the under this UDC, or that requires a a permit or approval landmark district that requires Alterations to
the exterior of any designated landmark or to any property within a decay of the property. All property owners shall maintain designated properties to prevent deterioration and
based.landmark property no longer meets the criteria on which the designation was when a Designation or Removal of Landmark Property or Landmark District60.500.040FSection i A property
owner may request removal of landmark designation, as described Subsection 5 above.the criteria in the property meets when District Landmarkor Property of Landmark or Removal Designation
ESection 60.500.040F A property may be designated as a landmark, as described in interrelationship, by plan or physical development, aesthetically or through past events.historically
significant resources. These must be united or linked by theidefinable area that possess a concentration of identified -be located in a geographicallySubsection a above, the majority
of the contributing properties in the district must also in designation, in addition to meeting one or more of the criteria landmark districtFor a familiar visual feature or a neighborhood,
a district, the community, or the city. r other physical characteristics representing an established and Its location, scale, o craftsmanship that represent a significant architectural
innovation; or Its embodiment of elements of architectural design, detail, material, or recognized style or movement; -or internationally -development of a nationallyd to the efforts
have influenced the development of the city or have contributeIts identification as the work of an architect or master builder whose individual form, or treatment; ts embodiment of
distinguishing characteristics of an architectural style, period, I development of the city; Its identification with a person who significantly contributed to the culture and
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO Section 60.200.040C istrictsOverlay D Section 60.200.040
227 t programs. tax credi federal historicstate and will provide guidance and assistance in applications for City personnelThe assigned administration for any local finance program.
ouncil on organization and City Cadvise shall Heritage Preservation Commission. The ionheritage preservata landmark district to preserve their property for purposes of property within
contributing purposes of encouraging owners of a designated property or ity may authorize funding sources to create a financial incentive program for CThe s. also develop a marker
or signage program to recognize designated landmark districtity may Cmarker to install on their building. The has requested in writing adistrict who standard design for any owner of
a landmark property or property within a landmark ity may provide a historic marker of aCThrough grants or other sources of funding, the characterand architectural enhance their
historic use or -rehabilitate, remaintain, preserve,to or technical assistance that will serve development,financial, to dprograms relateincentive ity C Designated properties are
eligible for and have priority to participate in .Landmark DistrictDesignation or Removal of Landmark Property or Section 60.500.040F described inas Council removes the landmark designation
the City shall be approved before districtdesignated landmark or a contributing property to a landmark No Demolition Permit for a appropriate treatment to designated landmarks. treatment
of historic properties will provide further guidance in the determination of for the Heritage Preservation CommissionLocal design guidelines adopted by the consideration the economic
and technical feasibility of each project.tandards will be applied taking into she In each case, tmandated code requirements. andphysical condition, proposed use, ,historical significance
on the property's sdependused The approach include Preservation, Rehabilitation, Restoration, or Reconstruction.Treatment options to determine appropriate treatment for all designated
landmarks. used shall bey of Interior Standards for the Treatment of Historic Properties The Secretar preserved. and/or maintained, restored, shall ,craftsmanship age virtue
significance acquired have but original not may that those including landmark, designated elements defining Character .Section 60.500.060D.2.b.6)district are permitted pursuant
to Emergency repairs to a landmark property or contributing property in a landmark raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Heritage Preservation
Overlay –HPO Section 60.200.040C Overlay Districts Section 60.200.040
228 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Heritage Preservation Overlay –HPO CSection 60.200.040 Overlay Districts Section 60.200.040
229 .in this UDCEdge, as defined within the boundary of the Decorah Cityinclude those areas of the Decorah Edge maps ly. and St. Peter formations, the detailed site information shall
appof associated groundwater movements in adjacent portions of the Cummingsville location and extent of the Decorah, Platteville, or Glenwood formations and areas accurate information
as to the Where detailed site investigation identifies more reliable information becomes availableand update them as more DEO districtapproximate location and extent of the maps
showing the current shall maintain Director Community DevelopmentThe have the meanings given there.are defined in the Act or the Rules, thatSectionection, terms used in this Sprovided
in this h. 8420. Except as Cincorporates by reference the WCA and Minn. R. The DEO district areas to be investigated for wetlands and Edge Support Areas.site investigation, as a guide
to identifying -and other relevant data sources, and by onsurvey, unless supplemented by a first order soil survey, National Wetlands Inventory, published soil shall rely on the most
current Community Development DirectorThe public value. wetland areas of at least equal replacingor , enhancing, unless replaced by restoringmust not be impacted City h. 8420, wetlands
within theCExcept as provided in Minn. R. most wetland protection shall apply, the provision that provides the sectionand this ,nd Soil Resourcesaf Water othe Board of ulesrlaw,
the stateIn the event that an inconsistency exists between the provisions of City nd Edge Support Areas within theparts of wetlands aregulates impacts to or hydrologic alteration
of wetlands or Section 60.200.040DThis characteristics.and recharge ,with significant groundwater discharge, interflow City areas of theularly in water quality and water quantity
benefits of wetlands and related features partich. 8420, as amended), and to protect the biological diversity and C(Minn. R. Soil Resources Board Of Water And ed from time to time ("WCA"),
and the accompanying rules of the amend and will be Conservation Act of 1991 (Minn. Laws 1991 chapter 354), as may have beenis to implement the Wetland district DEOWetland Conservation
and The purpose of the raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Edge OverlayDecorah -Wetland Conservation and the DEO : 40DSection 60.200.0
Overlay Districts Section 60.200.040
230 of water and soil resources.board state as determined by the latest functional assessment method acceptable to theand values of the wetland ,flow to or from a wetland, and to
protect the quality, functionsDevelopment activities must be carried out in such a way as to maintain groundwater ly. Support Areas must not be impacted or altered hydrologically,
wholly or partialand Edge Groundwater Supported Slope Wetlands ection, exempted in this SExcept as and restored, located in Edge Support Areas are high priority areas. natural management
plans pursuant to Minn. R. pt. 8420.0835. Calcareous fens and wetlands, both restoration, and creation of wetlands in high priority areas as identified in water cing, replacement plans,
and banking shall particularly favor preservation, sequenis designated a high priority area under Minnesota Rules. Decisions regarding City The .Natural Resourcesof Departmentthe
shoreland protection zone, the panel also includes a technical professional employee of tlands within the For projects affecting public waters, public waters wetlands, or we county.
within the nd Water Conservation District aSoil and from the nd Soil ResourcesaWater oBoard technical evaluation panel to participate with the appointed persons from the to the professional
with expertise in water resources management is hereby appointed who is a technical Community Development Directorthe appointed by representative wetland determinations as identified
in Minn. R. pt. 8420.0240. authorized to participate in A technical evaluation panel is hereby recognized and 8420. Ch.Conservation Act and Minn. R. shall be the local government
unit for the purposes of the Wetland City CouncilThe intended as a buffer area. is not andmaps The dimension of the adjacent area shall reflect the accuracy of the source resulting
in an added dimension of 50 meters or 165 feet.bedrock geology map, the reported accuracy is 100 meters or 330 feet, The rted accuracy of the source map.distance of the repoan adjacent
area determined based on half the includes he bedrock geology mapT raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Edge OverlayDecorah -Wetland Conservation
and the DEO : Section 60.200.040D trictsOverlay Dis Section 60.200.040
231 board of water and soil resources state assessment method acceptable to thefunctional of at least equal function and value as determined by the latest must be Groundwater Supported
Slope Wetlands . Enhanced or restored DecisionSequencing and Replacement Plan Section 60.200.040D.12 accordance withn conjunction with restoration or enhancement projects that are in
Wetlands IGroundwater Supported Slope The development activity involves the alteration of equirement for secondary access has not been waived; or and where the rcharacteristics, in
comparison with suitable and practical alternative alignments and recharge ,least disruption to groundwater discharge, interflowhas determined that the platted alignment causes the
CouncilCity where the single access, that would otherwise result in more than 50 homes relying on adevelopment that is needed to provide secondary access to a residential area The
development activity involves the construction of a new road in a bdivisions approved prior to October 1, 2006; s or suDevelopment PlanGeneral The development activity involves the
construction of park facilities in with suitable and practical alternative alignments; and recharge characteristics in comparison ,groundwater discharge, interflowe least disruption
to determined that the proposed alignment causes thouncil has City Cponds, water mains, or sewer interceptors, where the regional nature, such as regional trails, major power lines,
regional stormwater y involves the construction of other infrastructure of a The development activit Road Authorityimprovement of an existing public road by a or other ,The development
activity involves the modification, realignment and practical alternative alignments; w and recharge characteristics in comparison with suitable discharge interfloThe proposed alignment
causes the least disruption to groundwater ROCOG Long Range Transportation Plan; street, or the area served is designated as in need of a local collector in the is designated as a
primary collector or higher order The street in question question; The traffic service standards cannot be met without providing for the street in that: Development PlanGeneral
ouncil has found in its approval of a City C, where the streetsorder nstruction of local collectors or higher The development activity involves the co with the resulting determination
that there exists one of the following findings: is followed Sequencing and Replacement Plan DecisionSection 60.200.040D.12shall not apply if the process described in Special protection
area requirements Loss application is required for all development within the DEO.-A No raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Edge OverlayDecorah
-Wetland Conservation and the DEO : Section 60.200.040D Overlay Districts 60.200.040 Section
232 ity qualifies for exemption. activdetermination that the 's City Councilor 's Community Development Director of thewithin 15 days the landowner to An exemption notice of decision
shall be provided filing of the appeal. public hearing and make a ruling within thirty (30) days of the Council must hold aFollowing an appeal, the City determination is mailed to
the applicant. 's DirectorCommunity Development within 30 days after written notice of the CouncilCity decision is final unless appealed to the Community Development Director’s
decision record. recommendations, the detailed reasons for the disagreement must be part of the Development Director does not agree with the panel’s findings and If the Community evaluation
panel as specified in Minn. R. pt. 8420.0240(C). hnical may seek the advice of the tec Community Development DirectorThe Community Development DirectorExemption decisions under Minn.
R. pt. 8420.0420 shall be made by the whether or not the activity is exempt. r filling activities for determination before beginning excavation, draining, o DirectorCommunity Development
replacement, claiming exemption, shall apply to the A landowner intending to impact or hydrologically alter a wetland without also be exempted. shall oundwater Supported Slope Wetland
Area associated with an exempted exemption criteria contained in Minn. R. pt. 8420.0420. Any Edge Support wetland if the property to be impacted or hydrologically altered meets the
DEO districtexemption from the provisions of the WCA and this ly for anappA landowner may Groundwater Supported Slope Wetland. the which a replacement plan has been approved prior
to October 1, 2006, addressing if the lot is included in a development for Groundwater Supported Slope Wetlands rovided to All areas of buildable lots shall be exempt from the special
protection p The lot is part of a final plat approved prior to October 1, 2006. Support Areas if: (excluding outlots) shall be exempt from the special protection provided to Edge
elopment PlanGeneral Devof buildable lots identified either in plats or areasAll minor watershed. dominated), and in the same -located in the same geologic setting (fill or bedrock
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Edge OverlayDecorah -Wetland Conservation and the DEO : Section 60.200.040D Overlay Districts Section
60.200.040
233 applicant may either submit the information required for sequencing analysis as part of a . An City Councilloss decision shall obtain approval of a replacement plan from the -a
wetland who does not qualify for an exemption or no A landowner intending to impact Board of Water and Soil Resources stateby the decision shall be stayed during the time an appeal
is pending before the w qualification for this determination. The authority granted proof necessary to sholoss decision is responsible for submitting the -The landowner applying for
a no Community Development Director’s or City Council’s determination. A notice of decision shall be provided to the landowner within 15 days of the appeal. within thirty (30) days
of the filing of the Following an appeal, the City Council must hold a public hearing and make a ruling decision is sent to those required to receive notice of the decision. 's DirectorCommunity
Development er written notice of the within 30 days aft CouncilCity decision is final unless appealed to the Community Development Director’s The decision record. recommendations,
the detailed reasons for the disagreement must be part of the es not agree with the panel’s findings and Development Director doIf the Community evaluation panel on questions of wetland
delineation and type. may seek the advice of the technical Community Development DirectorThe Community Development Directorby the . 8420.0410 and 8420.0415, shall be made loss decisions,
under Minn. R. pts- loss decision as specified in Minn. R. pt. 8420.0315. -A landowner unsure if proposed work will result in a loss of wetlands may apply for a no ny a reasonable
use of the property.constraints that debasis of public safety concerns, other overriding public interest, unreasonable hardship, or Applicants may seek exceptions to restrictions on
disturbance of Edge Support Areas on the is not required. General Development Plan ation if a review, or at the time of wetland deline General Development Planat the time of City Council
whole or in part) shall be heard by the should not be applied to the property in question, in Sectionthe applicant contends that the whereto Edge Support Areas (related SectionRequests
for exceptions to provisions of this board of water and soil resources. state appeal is pending before theThe authority granted by the notice of decision shall be stayed during the
time an raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Edge OverlayDecorah -Wetland Conservation and the DEO : Section 60.200.040D Overlay Districts
Section 60.200.040
234 h the evaluation panel was consulted and the City Council does not agree witIf the technical consider comments received from those required to receive notice. must City Councilevaluation
panel as specified in Minn. R. pt. 8420.0240. The dation of the technical 8420.0544, and on the recommen—pts. 8420.0500must base its decisions on the replacement standards in Minn.
R. City CouncilThe conditions, or disapprove the replacement plan application. may approve, approve with City Councilwith Minn. Stats. 15.99. The conformance act upon the application
in hold a public hearing and shall City CouncilThe approval with conditions, or disapproval of the proposed replacement plan. shall prepare a report recommending approval, Community
Development Directorreview, the lCity Councito consider the application. Prior to City Councilbefore the review public hearing and shall schedule a Community Development DirectorThe
evaluation panel as specified in Minn. R. pt. 8420.0240(C). rector may seek the advice of the technical The Community Development Di who have requested a copy. r, and members of
the public Commissioneof the technical evaluation panel, the application, transmit a copy of the application and notice of application to members shall, within 15 days of a complete
Community Development DirectorThe 8420.0330. —complete based on Minn. R. pts. 8420.0305must determine that an application is Community Development DirectorThe 8420.0330. . The
contents of the plan shall comply with Minn. R. pt. Development Directority CommunApplication for wetland replacement plans must be submitted to the procedures: shall be made pursuant
to the following Exceptions D.10Section 60.200.040regarding exceptions under 8420.0544 and decisions —.0500and 8420 ,8420.0330Sequencing and replacement plan decisions under Minn.
R. pts. 8420.0325, and receive approval of a replacement plan before impacting the wetland. City theand impact that requires replacement must apply to A landowner proposing a wetl
specified in Minn. R. pt. 8420.0500. loss, or first receiving approval of a wetland replacement plan as -exemption or noNo person may impact a wetland, wholly or partially, without
being eligible for an nty. wetlands located within the coumust involve the creation or restoration of City to mitigate wetland impacts within the. Replacement plans intended Community
Development Director7a, shall be made by the ing flexibility under Minn. R. pt. 8420.0520, subpt. Minn. R. pt. 8420.0325 and sequencThe sequencing decision, where submitted separately
from the replacement plan under from the local government unit before preparing a complete replacement plan. n or apply separately for a preliminary sequencing decision replacement
plan applicatio raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Edge OverlayDecorah -Wetland Conservation and the DEO : Section 60.200.040D Overlay
Districts Section 60.200.040
235 .Sectionpart of this any ubd. 19, the authority to administer all or Sunder Minn. Stats. §§471.59 and 103C.331, Soil and Water Conservation District may, by joint powers agreement,
delegate to the City The executive director within 30 days of receipt of the order. cesnd Soil ResouraWater oBoard statereplacement order issued according to Minn. R. pt. 8420.0905
to the A landowner or responsible party may appeal the terms and conditions of a restoration or City Councildetermination by the pt. 8420.0905 after final under Minn. R.nd Soil Resources
af Water oBoard stateto the may be appealed City Councildecisions related to Edge Support Areas, decisions of the the decision is sent to those required to receive notice of the decision.
Except for thatys after the date . An appeal must be filed within City Councilappealed to the may be Community Development Directorby the SectionDecisions made under this Cityfunctions
undertaken by the The amount of the fees shall not exceed the reasonable value of the reports submittals. applications, replacement plan applications, banking plan applications, and
monitoring loss applications, exemption applications, sequencing -delineation applications, noll, by resolution, adopt a schedule of fees applicable to wetland sha City CouncilThe
is impacted. City replacement when wetland within theOnly wetland credits from wetland banks within the county may be used for wetland the monitoring of banked wetlands and enforcement
under the Minnesota Rules. g deposits, and is responsible for approving bank plans, certifyin Development DirectorCommunity 8420.0755. The —wetland bank in accordance with Minn. R.
pts. 8420.0700for purposes of deposit in the City Wetlands may be restored or created within the 8420.0820.—8000wetland monitoring reports as provided in Minn. R. pts. 8420.8420.0810
shall be fulfilled. The technical evaluation panel must review replacement ensure that the replacement plan monitoring and enforcement requirements of Minn. R. pt. shall Community
Development Directorwhere the replacement wetland is located. The Monitoring of replacement wetlands is the responsibility of the landowner of the property City Councilappeal the
decision of the n on the process and time period to mailing to the applicant must include informatiobusiness days. The within notified of the Council’s decision shall be All parties
must be part of the decision record. panel’s findings and recommendation, the detailed reasons for the disagreement raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Edge OverlayDecorah -Wetland Conservation and the DEO : Section 60.200.040D Overlay Districts Section 60.200.040
236 or uses of property in the FPO districts. landchange to or development, a permit pursuant to that Section before beginning any activity, must obtain Permit Floodplain Development
GSection 60.500.060HThose activities listed in in the velocity of flood waters.storage volume in the floodplain, and to avoid increases in downstream flood levels and undeveloped
areas of the floodplain in such a manner so as to reduce the loss of flood development in generally to guide is subdistrict Flood ProneThe purpose of the flood waters.have a minimal
effect on the ability of the floodplain to discharge will from flooding and tion, resulting in developments that will suffer minimal damage standards for flood protecthe subdistrict
are properly flood protected, consistent with accepted principles and The purpose of the Flood Fringe subdistrict is to ensure that uses and structures within s, in times of flood.losto
restrict or prohibit uses that are dangerous to health or safety, or result in economic within the channel and adjoining floodplain to carry and discharge the regional flood, and that
adequate space is retained ensureis to subdistrict Floodwaythe The purpose of the National Flood Insurance Program.to maintain the community’s eligibility in amended78, as -59
.pts C.F.R.codified as 44 the rules and regulations of the National Flood Insurance Program and 6120.6200 –00 contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts
6120.50the authorization and policies The FPO district regulations are adopted to comply with development.and enhance community and economic benefits,opportunities, provide aesthetic
quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreationalwatercourses and floodplains to moderate flood and stormwater impacts, improve water lations
are also intended to preserve the natural characteristics and functions of The regu welfare. and communication, all of which adversely affect the public health, safety and general
public protection and relief, impairment of the tax base and interruption of transportation overnmental services, extraordinary public expenditure for disruption of commerce and gRochester
consistent with the flood threat, to minimize loss of life and property, of the FPO district is to guide development in the flood hazard areas of purposeThe raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
237 prior to November 3, City ithin the corporate boundaries of theand were w Sectionfringe, or within Zone AO on the Flood Insurance Rate Map adopted in this flood The Flood Fringe
subdistrict includes those areas within Zone AE and designated as 14. .ubdS103G.005, § .Stat .water level as defined in Mi-areas that are at or below the ordinary highFor lakes, wetlands,
and other basins, the Floodway subdistrict includes those Map. not have a floodway designation) on the Flood Insurance Ratee areas designated as Zone A (that do The Floodway subdistrict
also includes thos .Development Permit Requiredin Section 60.200.040E.2, Floodplain on the Flood Insurance Rate Map adoptedloodway subdistrict standards shall apply to all lands
designated as floodway FThe as best available data. 27109C0282G and 27109C0295E, dated May 29, 2020, are also hereby adopted Preliminary panels 27109C0306F, 27109C0307E, and 27109C0313E27109C030
4E, 27109C0303E, 27109C0282F, 27109C0301F, 27109C0302F, 27109C0169E, 27109C0163F, 27109C0164F, 27109C0166F, 27109C0168F, 27109C0154F, 27109C0155E, 27109C0158E, 27109C0161F, 27109C0162F,
27109C0141F, 27109C0142F, 27109C0143E, 27109C0144F, 27109C0153F, the Federal Emergency Management Agency, including the following panels: Olmsted County and Incorporated Areas, all
dated April 19, 2017 and prepared byCounty, Minnesota, and Incorporated Areas, and the Flood Insurance Rate Map for declared to be part of this UDC including the Flood Insurance Study
for Olmsted by reference and districts, certain materials are attached and hereby adopted To aid in the identification and designation of properties in the flood related annexed to
the city.in the FW or FF ropertyaddresses zoning designation of p Section 60.500.040E.2.d2/FP). -4/FW, M -l/FF, B-being post fixed to a use district symbol (examples R, or FP) F, FWin
one of the flood related districts is made by the district symbol (Ffied upon the zoning map, and reference to the status of any property located identiare ssubdistrict(FP) and Flood
Prone Flood Fringe (FF), The Floodway (FW), well as those of the underlying district in order to be in compliance with this UDC.extent that developments must meet the additional standards
of the FPO district as o the the existing zoning districts, superseding existing underlying regulations only tEach individual flood subdistrict represents a set of regulations superimposed
upon raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
238 limits.floodplain flood elevations shall be the governing factor in locating the regulatory map s, theexisting grade-map and actual field conditions including the natural or prelimits
illustrated on the official zoning floodplain Where a conflict exists between the City.lic of the bed, banks, water, and floodway of any stream within the permitted use by the pubNo
person may obstruct the passage of water and watercraft nor restrict the lawfully Agency. the Federal Emergency Managementthe Commissioner, and, if revisions to floodplain maps or
designations are proposed, by and Community Development Directorbe commenced until first reviewed and authorized by the other improvements intended to eliminate or reduce the danger
of the flood or erosion shall of levees, or floodway, provided that no filling, draining, construction any lands outside of theNothing herein shall be so construed as to prohibit the
lawful rehabilitation or reclamation of on the UDC.reliance or any employee thereof for any flooding or flood damages that may result fromaction against the City Nor shall the UDC
create a liability on the part of or be a cause of permitted within such districts will always be totally free from flooding or flood damages. The UDC does not imply that areas outside
of designated floodplain districts or land uses is. causes, such as ice jams or bridge openings restricted by debrmade or natural -or the flood height may be increased by man ,Large
floods may occur methods of study. reasonable for regulatory purposes and is based on engineering and other specific nsidered The degree of flood protection intended to be provided
by the UDC is co d on or after November 3, 1980.located outside of the floodway, and were annexe, as being within Zone AE but being SectionRate Map adopted in this Flood Insuranceistrict
includes those areas designated as floodway fringe on the subdThe Flood Prone 14. .ubdS103G.005, §.Stat .evel as defined in MinnLater Wigh Hrdinary Oyear) flood elevation but above
the -0annual chance (10 percent that are below the 1 SectionFlood Insurance Rate Map panels adopted in this AE on the A or Flood Fringe subdistrict includes those areas designated
as Zonewetlands, and other basins (that do not have a floodway designated), the For lakes, specified in Section 60.200.040.E.7.b.horizontal extension of the Regulatory Flood Protection
Elevation, as This district also includes any additional area encompassed by the 1980. raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay
–FPO : Section 60.200.040E Overlay Districts 60.200.040Section
239 aries.must be assumed in computing floodway boundAn equal degree of encroachment on both sides of the stream within the reach required if, as a result of the stage increase, increased
flood damages would result. .5 foot. A lesser stage increase than 0.5 foot is increasing flood stages more than 0Compute the floodway necessary to convey or store the regional flood
without analysis of the stream channel and overbank areas.Calculate the water surface profile of the regional flood based upon a hydraulic nce) flood.cha percent Estimate the peak
discharge of the regional (1 as applicable:The determination of floodway and flood fringe must include the following components, below. cg standards and the standards in Subsection
engineerinsubdistrict. Information must be consistent with accepted hydrological and hydraulic elevation and whether the proposed use would fall within the Floodway or Flood Fringe
ional information, as needed, to determine the regulatory flood protection furnish additIf regional flood elevation and floodway data are not readily available, the applicant must
, state, or other source.ederalfelevation and floodway data available from a any regional flood usemust obtain, review, and reasonably ment DirectorDevelopCommunity Upon receipt
of an application for a permit or other approval, the determined to be Floodway shall be subject to the requirements of the Floodway subdistrict.l then be subject to the requirements
of the Flood Fringe subdistrict. The area and wilthrough these procedures as flood fringe may then be reclassified as Flood Fringe subdistrict In A zones, the floodway may be delineated
using the following procedures. Areas identified below(Elevation (RFPE) based on the horizontal extension of the Regulatory Flood Protection The regulatory limits of the district
boundaries shall be further extended outward raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : 0.040ESection 60.20 Overlay
Districts Section 60.200.040
240 profile.Channel Modifications requiring a DNR permit where there is no change in the flood rking areas, and recreation areas.Residential uses such as lawns, gardens, pa nature
preserves, fishing areas, recreational trails.ranges, picnic grounds, boat launching ramps, swimming area, parks, wildlife and ate and public recreational uses such as golf courses,
tennis courts, driving Priv landing strips.commercial uses such as loading areas, parking areas, billboards, airport -Industrial horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.uses such as general farming, pasture, grazing, outdoor plant nurseries, Agricultural facility. other drainagechannel or floodways of any tributary to the
main stream, or of any drainage ditch or materials or equipment. In addition, no use shall adversely affect the capacity of the not require structures, fill, or storage of any other
ordinance and provided they dosubdistricts to the extent that they are not prohibited by the underlying zoning district or obstruct flood flows. These uses are permitted within the
Floodway and Flood Prone a low flood damage potential and do not Permitted uses are the following uses that have chance) flood. percent second) would exceed a product of four upon
occurrence of the regional (1d velocity such that the depth (in feet) multiplied by the velocity (in feet per to a depth anflood warning system that provides adequate time for evacuation
if the area is inundated Any facility that will be used by employees or the general public must be designed with a ct without first obtaining all necessary permits and approvals.filling
in the flood distriis not permitted in the underlying zoning district, and for any person to do any grading or thatections, or that district by the following Subsis not otherwise permitted
in thatdistrict establish a use in a flood mayperson .in the underlying zoning districtnot permitted if it is permitted is use no proposedflood districts, subject to the further
restriction that are permitted in each of the thatestablish those uses Section The regulations within this tion.deny the applicamay approve or Public Works DirectorNatural Resources.
Based on this assessment, the designated engineer or other expert person or agency, including the Department of may seek technical assistance from a Public Works Directochments. The
encroaThe assessment must include the cumulative effects of previous floodway evaluation and the recommended Floodway and/or Flood Fringe subdistrict boundary. will review the submitted
information and assess the technical Public Works DirectorThe raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E
Overlay Districts Section 60.200.040
241 Fringe subdistrict:buildings in the Flood The following standards shall apply to the construction of primary facility or system.manner so as to not adversely affect the capacity
of any public water or any other drainage as regulated by this Subsection and in such a other portion of the UDC, shall be constructedUses located in the Flood Fringe subdistrict,
to the extent that they are not prohibited by any Critical Facilities are prohibited in the FPO district. .watercourse or drainage system and adjoining floodplain of any tributaryFloodplain
development should not adversely affect the hydraulic capacity of the channel .Flood Fringe Construction Standards60.200.040E.10Section subject to the applicable provisions also
All developments are Subsection 2) below.to subjectPlanning Commission approvalallowed subject to istricts, uses permitted in the underlying zoning district are subdIn the Flood Prone
the Floodway subdistrict.or this Subsection that are consistent with the purpose of Prone and Floodway UsesFlood Section 60.200.040E.9.cOther uses similar in nature to uses described
i prior to issuance of any permit.days the Department of Natural Resources’ Area Hydrologist is notified at least Railroads, streets, bridges, utility transmission lines and pipelines,
provided that tures.Marinas, boat rentals, docks, and water control struc Extraction of sand, gravel, and other minerals. Placement of fill. Structures accessory to open space
or conditional uses. Use permit is obtained.ed in the Floodway subdistrict only after a Conditional materials or equipment, are permittThe following uses involving structures (temporary
or permanent), fill, or the storage of .60.200.040ESection in this, subject to meeting the construction standards underlying zoning districtistrict are the same as those permitted
by the subdUses permitted in the Food Fringe raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay
Districts Section 60.200.040
242 Fringe subdistrict:The following standards shall apply to the construction of new public works in the Flood of dikes, dams or levee.without the utilization 2 classification -l
or FP-accordance with the State Building Code to the FPproofed in -with attendant utility and sanitary facilities be completely floodspecified in feet on the Rochester Flood Insurance
Rate Maps, or together mber above the highest adjacent grade at least as high as the depth nuconstructed on fill so that the lowest floor (including basement) is elevated As an exception
to Subsection 1)(a) above, new structures shall be levation.be no lower than one foot below the flood protection eis at or above the flood protection elevation. The finished fill
elevation shall New structures shall be elevated so that their first floor (including basement) e Rate Map.depth number specified in feet on the Rochester Flood Insurancthe one foot
above above the highest adjacent grade at least as high as be constructed on fill so that the lowest floor (including basement) is elevated new dwellings in the AO zone shall bove,
(a) aAs an exception to Subsection and local flood emergency response procedures exist.times of flooding and only after determining that adequate flood warning time tations on the
period of use or occupancy of the structure for specify limiIf a variance to the access requirement is granted, the Board of Appeals must permitted. more than two feet below the flood
protection elevation shall not be Residences that do not have vehicular access at or above an elevation not levation. the regional flood eabove shall be constructed at or of any
sizeesidential additions r floorThe lowest beyond the limits of any structure or building thereon. protection elevation and shall extend at such elevation at least 15 feet ot below
the flood The finished fill elevation shall be no lower than one fo basement) is at or above the flood protection elevation. New dwellings shall be constructed on fill so that the
lowest floor (including raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
243 resistance to the flood or floodwaters; andd placed on the building site so as to offer the minimum Constructed an potential; esigned to have low flood damageD Not designed for
human habitation; provided that such structures are:flood protection elevation or may be permitted below the flood protection elevation o that the lowest floor is at or above the Such
structures shall be constructed on fill s use of land for accessory purposes:The following standards shall apply to the construction of accessory structures and the roads, or utilities.raillesser
degree of protection may be provided for minor or auxiliary roads, Where failure or interruption of services would not endanger life or health, a safety or where such facilities are
essential to the orderly functioning of the area.ic health or interruption of these public facilities would result in danger to the publProtection to the flood protection elevation
shall be provided where failure or development plans.floodplain be compatible with local comprehensivese in flood elevations and shall istrict shall be designed to minimize increasubdPublic
utility facilities, roads, railroad tracks, and bridges within the Flood Fringe systems are subject to the provisions in Minnesota Rules, part 4725.4350.percent annual chance floodplain.
Water supply -are prohibited in the onewaste management facilities, as defined in Minnesota Rules, part 7035.0300, utilities should be designed to minimize increases in flood elevations.
New solid e systems and discharges from the systems into flood waters. All public into theliminate flood damage, and be designed to eliminate infiltration of flood waters Flood Protection
Elevation (RFPE), be located and constructed to minimize or located in the floodplain must be elevated and/or floodproofed to the Regulatory ms to be All utilities such as gas, electrical,
sewer, and water supply syste (a) introduction of any pollutant or toxic material into the flood waters.gency plans and procedures must provide for measures to prevent The emer and
approved by the Minnesota Pollution Control Agency. procedures for action to be taken in the event of flooding are prepared, filed with, facilities shall be permitted within the flood
fringe unless emergency plans and existing waste treatment No new construction, addition, or modification to raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
244(including basement) above the rmethods of elevating the first flooalternative de the use of fill, other Where existing streets, utilities, or small lot size preclu :permitted
as follows areresidential use-nonstandards for the construction of residential and Alternate chance) flood. percent onehe regional (occurrence of tmultiplied by the velocity (in feet
per second) would exceed a product of four upon area if the area is inundated to a depth and velocity such that the depth (in feet) a flood warning system that provides adequate time
for evacuation of the without that are at elevations below the flood protection elevation shall not be permitted s, such as storage yards and parking lots, residential use-nonAccessory
land uses for .Community Development Directorthe ith a plan approved by the time available after a flood warning and in accordance wallowed if readily removable from the area within
of other materials or equipment or plant life is prohibited. Storage ,explosive, or potentially injurious to human, animallooding, flammable, The storage or processing of materials
that are, in time of f above the Regulatory Flood Protection Elevation or properly flood proofed.Any mechanical and utility equipment in a structure must be elevated to or on exterior
walls; and hydrostatic flood forceslateral movement of the structure and shall be designed to equalize The structure must be adequately anchored to prevent flotation, collapse, or
this requirement for automatic opening; comply withto flooding will not ge door prior grade to the structure. Using human intervention to open a garaof all openings must be no higher
than one foot above the lowest adjacent There must be openings on at least two sides of the structure and the bottom enclosed area subject to flooding;oot of with a total net area
of not less than one square inch for every square f minimum of two “automatic” openings in the outside walls of the structure, of hydrostatic pressure, there must be a equalizationTo
allow for the s must meet the following standards:storage. All such structuredetached garages must be used solely for parking of vehicles and limited building code. To meet this requirement,
state standards in accordance with the-3 or FP-mension at ground level may be internally flood proofed to the FPminimal investment and that do not exceed 500 square feet for the outside
As an alternative to elevation on fill, accessory structures that constitute a raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO
: Section 60.200.040E Overlay Districts Section 60.200.040
245 or storage.ely for building access, parking of vehicles Code and shall be used solBuilding state4 classifications in the -3 or FP-accordance with FPThat the enclosed area will
be designed of flood resistant materials in of human intervention.ermit the automatic entry and exit of flood waters without any form plouvers, valves, or other coverings or devises
provided that they one foot above grade. Openings may be equipped with screens, equalize pressures, the bottom of all openings shall be no higher than tructure’s walls to provide for
entry of flood waters to placed in a scertifies that a smaller net area would suffice. When openings are flooding unless a registered professional engineer or architect one square inch
for every square foot of enclosed area subject to hall have a minimum net area of not less than automatic openings sof all openings shall be no higher than one foot above grade. The
of two openings on at least two sides of the structure and the bottom to be used as a flood proofing technique. There shall be a minimum walls where internal flooding is The minimum
area of openings in the garages must be designed to internally flood and the design must stipulate:under -grade, fully enclosed areas such as crawl spaces or tuck-Above accumulating
within these components during times of flooding.entering or Elevation or be designed to prevent flood water from other service facilities must be at or above the Regulatory Flood Protection
conditioning equipment and -electrical, heating, ventilation, plumbing and airBuilding Code and, specifically, that all tatesdesign standards of the professional engineer or architect
as being in compliance with the general built condition must be certified by a registered -The structure’s design and as additional standards:native elevation methods are subject to
the following noted alter-The above It is used solely for parking of vehicles, building access or storage. materials; and It is designed to internally flood and is constructed with
flood resistant grade on at least one side of the structure; -he enclosed area is aboveT structure’s basement or lowest floor if: grade and not a -The base or floor of an enclosed
area shall be considered above under garages. -spaces or tuckgrade enclosed areas such as crawl -use of stilts, pilings, parallel walls, or abovemay include the as referenced in paragraph
(a) abovThe alternative methods Permit. flood protection elevation may be authorized by the issuance of a Conditional Use raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E rictsOverlay Dist Section 60.200.040
246 000 cubic ,The cumulative placement of fill where at any one time in excess of 1as approved under other provisions of this UDC. Site Development Planterm -longPermanent sand and
gravel operations and similar uses must be covered by a e method. or other acceptabl cover,the use of riprap, vegetative Fill shall be properly compacted, and the slopes shall be
properly protected by an industry whose business requires that it be located in floodplain areas.onsideration shall be given to needs of In considering permit applications, due c
especially for streams having prolonged flood durations. Measures shall be taken to minimize interference with normal plant operations, be protected to the flood protection elevation.
and appurtenant works shall Manufacturing and industrial buildings, structures imposed in addition to any other applicable FPO standards.The standards in this Subsection f shall
apply to the uses indicated. These standards are E.10.d.2.b.Section 60.500.060Gwith Elevation provided the basement is structurally dry flood proofed in accordance residential basements
may be allowed below the Regulatory Flood Protection -Non tion.Protection ElevaResidential basement construction shall not be allowed below the Regulatory Flood Basements shall be
subject to the following: .Conditional Use Permit ,Section 60.500.050Ain as provided PermitConditional Use arequire Community Development Director will tflood fringe, that a particular
use may constitute an unusual hazard in the Upon determination standards shall not be permitted. 2-or FP 1-loads and the effects of buoyancy. Structures flood proofed to the FPcomponents
having the capability of resisting hydrostatic and hydrodynamic substantially impermeable to the passage of water and with structural g the structure watertight with the walls levees,
and this shall require makinor dams,Building Code, without the use of dikes, stateclassification in the flood proofing 4-or FP-Structurally dry flood proofing must meet the FP
Building Code. statelly dry flood proofing classifications in the with the structurathe Regulatory Flood Protection Elevation shall be flood proofed in accordance structures, including
basements, to be placed below Residential-NonAll areas of raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Overlay Floodplain –FPO : Section 60.200.040E
Overlay Districts Section 60.200.040
247 rise certification.” -sectional area). This is commonly documented through a “no-to the previous cross standard engineering practices (e.g. projects that restore the sitehydrologic
and hydraulic analysis performed by a professional engineer, or using other This shall be demonstrated through shall be permitted. using standard engineering practices, er or by as
determined by a professional enginedamages in the reach or reaches affected, chance or regional flood or cause an increase in flood percent oneof the 0.00 feet or greaterof increase
stage lone or in combination with existing or future uses, cause any, acting athatobstructions, storage of materials or equipment; or other uses allowed as Conditional Uses No structures
(temporary or permanent); fill, including fill for roads and levees; deposits, .7080.2270, as amended C .R .contamination during times of flooding, and are subject to the provisions
in Minnfrom the systems into flood waters, they must not be subject to impairment or minimize or eliminate infiltration of flood waters into the systems and discharges gned to site
sewage treatment systems must be desi-New or replacement on 4725.4350, as amended; and . .R .Minninfiltration of flood waters into the systems and are subject to the provisions in
site water supply systems must be designed to minimize or eliminate - Where public utilities are not provided: sites. floodplain at existingissued for Flood Fringe subdistrict. There
shall be no further encroachment upon the s for garbage and waste disposal sites shall be Conditional Use Permitareas. No d waste materials within Flood Fringe There shall be no disposal
of garbage or soli floodplain if adequate flood warning time exists.may incorporate alternative procedures for removal of the material from the . The plan Community Development Directorble
to the qualified individual acceptamust be prepared and certified by a registered professional engineer or other site for a flood event at a minimum of the 100 year regional flood event.
The plan n must clearly specify methods to be used to stabilize the fill on ordinance, the plaapproved shoreland management state ordinance. In the absence of aapproved shoreland management
state unless the community is enforcing asedimentation control plan must be submitted and control works, an erosionr construction of flood gravel operations, landfills, roads, dredge
spoil disposal osite storage, landscaping, sand and -located on a parcel for such activities as onWhen at any time more than 1,000 cubic yards of fill or other similar material is
.Flood Fringe Construction Standards Section 60.200.040E.10unless said fill is specifically intended to elevate a structure in accordance with ill is located on the parcel shall be
allowable only as a conditional use, yards of f raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay
Districts Section 60.200.040
248 .the Regulatory Flood Protection Elevation or properly flood proofedAny mechanical and utility equipment in a structure must be elevated to or above walls.equalize hydrostatic
flood forces on exterior flotation, collapse or lateral movement of the structure and shall be designed to he structure must be adequately anchored to prevent Planning Commission. TConditional
Use Permit by s in the Floodway require a Accessory Structure appropriate:proofed accessory structures must meet the following additional standards as Building Code. All flood stateflood
proofing classifications in the 4-or FP 3-s shall be structurally dry flood proofed in accordance with the Accessory structure flow lines as those of adjoining structures.So far as
practicable, structures shall be placed approximately on the same flood parallel to the direction of flood flow; andible, structures shall be constructed with the longitudinal axis
Whenever poss to the flood or floodwaters;Constructed and placed on the building site so as to offer the minimum resistance Designed to have low flood damage potential; Not designed
for human habitation; shall be subject to the following standards:ission Accessory structures (temporary or permanent) approved by the Planning Comm sedimentation prevention element
to the plan.and includes an erosion thatis submitted Site Development Planterm -be allowed in the floodway unless a longnot cover or bulkheading. Dredge spoil sites and sand and gravel
operations shall rap, vegetative -Such fill or other material shall be protected against erosion by rip elevations. ot in any way obstruct the flow of flood waters or cause any increase
in flood nneeded to grade or landscape for that use and shall what isill shall be limited to F Floodway Conditional UsesSection 60.200.040E.9.e uct a Conditional Use listed innecessary
to condAny fill deposited in the floodway shall be no more than the minimum amount .regulations in the following paragraphssides of the stream. In addition, all floodway conditional
uses shall be subject to the a significant reach on both that there will be an equal degree of encroachment extending forConsideration of the effects of a proposed use shall be based
on a reasonable assumption raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
249 projects not requiring approvals by the Minnesota Control Agency are provided. Forprohibited unless adequate safeguards approved by the Minnesota Pollution , are 115.01§ .Stat
.Minnindustrial waste; and other wastes as further defined in and discarded equipment; dredged spoil; municipal, agricultural or rock; wreckedStorage of materials likely to cause pollution
of the waters, such as sewage; sand; Director of Community Development approved by theFlood Protection Elevation (RFPE), floodproofed, or protected by other measures as or above the
Regulatory injurious to human, animal, or plant life shall be stored at Materials that, in time of flooding, are buoyant, flammable, explosive, or could be prohibited.115.01, is
§ .Stat .that are likely to cause pollution of waters, as defined by Minnlant life, or or p animal,could be injurious to human, thatflammable, explosive or The storage or processing
of materials that are in time of flooding buoyant, utilities.or railroads,ion may be provided for minor or auxiliary roads, degree of protectWhere failures or interruption of service
would not endanger life or health, a lesser area. interruption of these public facilities are essential to the orderly functioning of the d protection elevation shall be provided
where failure or Protection to the floo .Floodway Construction StandardsSection 60.200.040E.11comply with development plans. Such facilities must floodplain with local comprehensivele
shall be designed to minimize increases in flood elevations and shall be compatibPublic utility facilities, roads, railroad tracks, and bridges within the floodway district quirement
for automatic openings.this re comply withwill not the structure. Using human intervention to open a garage door prior to flooding all openings must be no higher than one foot above
the lowest adjacent grade to e openings on at least two sides of the structure and the bottom of There must b subject to flooding; andarea of not less than one square inch for every
square foot of enclosed area two “automatic” openings in the outside walls of the structure, with a total net lization of hydrostatic pressure, there must be a minimum of To allow for
the equa .garages must be used solely for parking of vehicles and limited storage. To meet this requirement, detached standards in Subsection or exceed the certified by a registered
professional engineer or meet requirement must either be500 square feet for the outside dimension at ground level. Designs for meeting this accessory structure constitutes a minimal
investment and that does not exceed Building Code provided the stateoodproofing classifications in the 2-or FP 1-As an alternative, an accessory structure may be internally/wet floodproofed
to the raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
250 ;along the same stream reach Subdistricte Flood Prone within thdistrict shall be located Subrone P loodFStorage created to offset fill applied within the ;No net loss of capacity
for surface storage of flood waters shall result from the activity ;necessary to conduct the usee no more than the minimum amount Fill deposited in the Flood Prone subdistrict shall
b conditions have been met:require certification by a registered professional engineer or hydrologist that the following ns, the construction of any structure, or the grading or paving
of any areas shall operatiosubdistrict. In addition, the deposition of any fill or spoil from dredging of sand and gravel The requirements applicable in the Flood Fringe subdistrict,
shall apply in the Flood Prone 7080.2270, as amended C .R .contamination during times of flooding, and are subject to the provisions in Minnfrom the systems into flood waters, they
must not be subject to impairment or minimize or eliminate infiltration of flood waters into the systems and discharges igned to site sewage treatment systems must be des-New or replacement
on 4725.4350, as amended; and . .R .of flood waters into the systems and are subject to the provisions in Minnsite water supply systems must be designed to minimize or eliminate infiltration
- Where public utilities are not provided: ssary permits.necewith Section 404 of the Clean Waters Act shall be obtained, along with any other When necessary, a permit from the Army
Corps of Engineers certifying compliance other applicable statutes., and 6115.0280-Minnesota Rule, parts 6115.0150 he provisions ofbe subject to tsection of the waters shall -, that
will change the course, current, or cross103G.245Ch. Any proposed structural work in the beds of public waters, as defined in be allowed after Council approval, and compliance with
the following:rs shall Structural works for flood control such as levees, dikes, floodwalls, and reservoi .sitesfloodway areas. There shall be no further encroachment upon the floodway
at existing e and waste disposal sites shall be issued for s for garbagConditional Use PermitNo prior to issuance of a permit.Community Development Director of Pollution Control Agency,
adequate safeguards must be approved by the raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts
Section 60.200.040
251 ave current licenses required for highway use.The vehicle must h zoning district.use must be permissible in any preexisting, underlying The vehicle and associated met.is only
permitted if all of the standards below are campgrounds in the floodplain Placement of recreational vehicles in existing recreational vehicle parks or parks or campgrounds are prohibited
in any floodplain district. recreational vehicleNew recreational vehicle parks or campgrounds and expansions to existing .Community Development Directorflood warning emergency plan
acceptable to the es will not be allowed until the property owner(s) develops a manufactured hom, then replacement Hazards .3.aSection 60.400.040Caccordance with If vehicular road access
for preexisting manufactured home parks is not provided in sisting wind forces.anchoring requirements for reto ground anchors. This requirement is in addition to applicable state
or local top or frame ties -the-anchoring may include, but are not to be limited to, use of overresist flotation, collapse and lateral movement. Methods of foundation system that All
manufactured homes must be securely anchored to an adequately anchored Floodplain Overlay. –FPO Section 60.200.040Ethis may be placed only if in compliance with will be treated as
new structures and subdivisions, or on individual lots of record, replacement manufactured homes in existing manufactured home parks or lacement or replacement of new or , pIn the Flood
Fringe, and Flood Prone Districts Floodway District.ured home units is prohibited in the Placement or replacement of manufact are prohibited in any floodplain district. and subdivisions
manufactured home parksand expansions to existing and subdivisions, New manufactured home parks :standards meet the following shalland travel vehicles in flood plain areas Manufactured
homes and manufactured home parks and the placement of travel trailers Shoreland Impact Zones.Floodway or be located within the not shall and the associated disturbances to accommodate
for it Compensatory storage ;erosion potential on the siteThe effect of such activities in the Flood Prone area shall not result in an increase in raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts .040Section 60.200
252 insurance requirement.an insurance policy or an appeal from the federal mandatory these can be used for getting builts, as -Use of a FEMA Elevation Certificate is recommended
for documenting as .districtand alterations or additions to existing structures in any of the flood districts within the FPO incorporated into, all new structures basement) elevation
of, and the floodproofing measures The Community Development Director shall maintain a record of the lowest floor (including .this UDC standards and criteria innforming use or structure
differs from the flood protection specifically state how the noncostructure is extended or substantially altered the certificate of zoning compliance shall the flood depth, pressures,
velocities, impact, and uplift forces. Where a nonconforming proofing methods are adequate to withstand -dengineer or architect shall certify that the floowere accomplished in compliance
with the provisions of this UDC. A registered professional registered architect, or registered land surveyor that the finished fill and building elevations essional engineer, , the
applicant shall submit certification by a registered prof60.500.060ASection and a Zoning Certificate pursuant to GSection 60.500.060Hpursuant to elopment Permit Following completion
of the activities authorized by a Floodplain Dev .Floodplain Overlay –FPO 60.200.040ESection this use of land restrictions specified in requirements and thetreated as a new structure
and shall be subject to the elevation/flood proofing storage building. The vehicle and all additions and accessory structures will then be ral addition to vehicle or an accessory structure
such as a garage or for a structuwhen development occurs on the parcel exceeding $500 dollars those locations if lose the ability to remain in campgrounds pursuant to Subsection 3)
above shall recreational vehicle parks or Recreational vehicles permitted in existing .) aboveSubsection b3anchored, meeting the requirements applicable to manufactured homes in resistant
materials and be securely -Prone Districts must be constructed of floodin the Flood Fringe and Flood to recreational vehicles Any accessory structure District. Floodwayare not permitted
within the to recreational vehicles Accessory structures has no permanent structural type additions attached to it.commonly used in campgrounds and recreational vehicle parks, and
the vehicle y by quick disconnect type utilities jacking system are attached to the site onlwheels or the internal , which means thathighway readyThe vehicle must be raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Floodplain Overlay –FPO : Section 60.200.040E Overlay Districts Section 60.200.040
253 regulations. the local government's shoreland regulated by is required to beless than 10 acres 6120.3900, no lake, pond, or flowage and 6120.2500 . Pts.R .Pursuant to Minn considered
“Tributary.”shall be Section 60.200.040F.2.bot exempted in a classification above and nOlmsted County in the City, a copy of which is adopted by reference, not given All public rivers
and streams shown on the Public Waters Inventory Map for West City Limit Boundary.er Valley Road Southwest westerly to From Bamb -South Fork Zumbro River Boundary.From 37th Street
Northwest to North City Limit -South Fork Zumbro River :pOfficial Zoning Ma identified in theclassified below and as The following areas are included in the SDO Minnesota. County,6120.3300,
and the Protected Waters Inventory Map for Olmsted P .R .in MinnThe public waters of the City have been classified consistent with the criteria found 462. . .Stat .abling legislation
in Minn6120.3900 and the planning and zoning en-6120.2500 ts.103F, P . .Stat .is adopted pursuant to the authorization and policies contained in MinnOrdinance Shoreland Minnesota, which
is hereby adopted by reference as part of this UDC. This r Olmsted County, The following standards related to the Protected Waters Inventory Map fo impacts of development.dimensional
and performance standards that protect shoreland resources from the o establish , and tl values of shoreland and sustain water qualityenvironmentaprotection and preservation of shoreline
resources to conserve the economic and that are compatible with the identify land useshe regulations are also intended to T commissioner under MN Rules, part 6120.3300.classifications
assigned by the Rochester are regulated consistent with theensure that shoreland development on the public waters of is to SDO purpose of the The raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
254 .Section 60.500.050C, as described in require a Shoreland Protection Permit uses griculturalAccessory a .Uses Table Allowed 1-300.01Table shown in base zoning district, as any
other approvals required by the , in addition to 60.500.050CSection as described in ses require a Shoreland Protection PermituIndustrial ., and areas below the ordinary high water
levelway--rightroad fs,wetland, bluf Suitable land shall excludeSection 60.500.050Cdescribed in shall require a Shoreland Protection Permit as land within the shoreland overlay districtper
acre of suitable ve or more dwelling unitsResidential development that contains .yOverla in the Shoreland Districtprincipal use roduction is not permitted as a pAgricultural in
the Shoreland District Overlay.ive vegetation clearing of forest land for conversion to another use is not permitted Intens :exceptions, subject to the following shall be allowed within
the Shoreland District Overlay ,TableUses Allowed 1-300.01Table district, as described in All uses permitted in the base zoning the lots for their intended purpose.would be needed
to use 00.040F60.2in Section variance from one or more standards a subdivision will not be approved where a later Within the shoreland district overlay, to its confluence with Cascade
Creek.North Run of the North Fork Cascade Creek from the centerline of 7th Street NW boundary of Section 24, T106N, R14W, Rochester Township.erline of 40th Street SW, downstream to
the western Willow Creek from the cent confluence with the South Fork Zumbro River.Cascade Creek from the centerline of the T.H. 52 bridge downstream to its confluence with the South
Fork Zumbro River.Creek from the centerline of the T.H. 14 bridge downstream to its Bear confluence with the South Fork Zumbro River.Silver Creek corridor from the eastern boundary
of Quarry Hill park to its centerline of the 37th Street NW bridge.South Fork Zumbro River from the centerline of the T.H. 52 bridge to the :SDO t from thehe following reaches of
stream are exempT provisions.may, at the discretion of the governing body, be exempt from the shoreland A body of water created by a private user where there was no previous shoreland
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
255 classification of the waterbody.ks also apply, regardless of the The following additional minimum building setbac 75 feet 50 feet feet 100 75 feet 50 feet feet 100 75 feet 50
feet 100 feet SystemsSewage Treatment ures with SewerStructtructure with No SewerSRiver Type :at least the following distancesby OHWLthe from set backbe shall , andsewage system
setbacks are dependent upon the type of Structure located to meet all setbacks.ore than one setback applies to a site, structures and facilities must be When m .60.500.050CSection
described in through a Shoreland Protection Permit process as streams,for agricultural streams, or 60 feet for urban/tributary feet by 50%, to a minimum of 75lot width as described
in part b, reduce mayof five or more dwelling units, Subdivisions and at the building line.OHWL Lot width standards must be met at both the dimensional standards. can be used to
meet lot (OHWL) r Level Only lands above the Ordinary High Wate 250 feet 190 feet 375 feet 200 feet 150 feet 300 feet feet 051 115 feet 225 feet 100 feet 75 feet feet 150)unsewered(/Tributary
River UrbanSewer)Public /Tributary (River Urbaner AgriculturalDwelling Type following lot width standards: and the requirementsdistrict lot area ezonbase meet the shall Lands within
the Shoreland District Overlay .UDCthe Public Facilities E, Adequate60.400.030 s subject to the requirements ofdevelopment within the City ihe use of private sewage disposal systems
and private water supply to serve any new T Section 60.200.040F.4requirements of this must meet the ll new lots A raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
256 standards are met:.required setback from the ordinary high water level if all of the following criteria and y be allowed without a Variance to a structure not meeting the Deck additions
ma topographic and vegetative screening of parking areas and structures;oriented accessory structure or facilities must be designed to incorporate -Water as a storage shed. air deck
with safety rails, but must not be enclosed or used -be used as an openned or used for human habitation. The roof may The structure is not to be desig The structure is not located
in the Bluff Impact Zone; The structure does not exceed eight feet above grade at any point; not exceed 250 square feet in area; The structure does The structure does not exceed
ten feet in height; this ordinance, shall be set back a minimum distance of ten feet from the OHWL;oriented accessory structure or facility, designed in accordance with -One water
ublic waters provided that:on pmay be located on parcels or lots with frontage accessory structures Water oriented greater.feet above the flood of record or at least three feet
above the OHWL, whichever is placed or floodproofed at least three floor elevation, including basement, shall be , the required lowest these elevations are not known. Where Floodplain
Overlay –FPO Section 60.200.040E placed at an elevation consistent with Structures shall be 2, and 3. consistent with FEMA technical bulletins 1,Zone, then structures must instead
be elevated through floodproofing methods Impact landresult in filling in the Shore If elevation methods involving fill would the elevation of three feet above the flood or record
or OHWL, whichever is greater.tight to -In addition to the lowest floor, all service utilities must be elevated or water feet 50 feet 50 feet 30 feet Minimum SetbackSetback Type
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
257 7081. –system, where available, or comply with Minnesota Rules, Chapters 7080 owned sewer -Any premises used for human occupancy must be connected to a publicly Pollution Control
Agency.standards for water quality of the Minnesota Department of Health and the Minnesota ivate supply of water for domestic purposes must meet or exceed Any public or pr .1341 .
.R .requirements of Minnin addition to the above, )d) to (adimensional and performance standards of subitems (the they comply with allowed for achieving access to shore areas, provided
that lso are apersons with disabilities Facilities such as ramps, lifts, or mobility paths for conditions, whenever practical; andon -of lots, as viewed from the surface of the public
water assuming summer leafe located in the most visually inconspicuous portions b shallStairways, lifts, and landings ensures control of soil erosion;pilings, or placed into the ground,
provided they are designed and built in a manner that Stairways, lifts, and landings may be either constructed above the ground on posts or andings;Canopies or roofs are not allowed
on stairways, lifts, or l space recreational uses, and planned unit developments;-area. Landings larger than 32 square feet may be used for commercial properties, publicn residential
lots must not exceed 32 square feet in Landings for stairways and lifts o .not exceed four feet in width shallStairways and lifts requirements:must meet the following design , and
Section 60.500.050C, as described in Permitsfor Shoreland Protection zoning certificate, with approval based on the findings require a , and landingsliftsaccess up and down bluffs
and steep slopes to shore areas. StairwaysStairways and lifts are the preferred alternative to major topographic alterations for achieving The deck is constructed primarily of wood,
and is not roofed or screened. restrictive; andwater level or does not encroach closer than 30 feet, whichever is more of the existing setback of the structure from the ordinary high
15 percentThe deck encroachment toward the ordinary high water level does not exceed setback of the structure;location for a deck meeting or exceeding the existing ordinary high
water level h evaluation of the property and structure reveals no reasonable A thoroug The structure existed on the date the structure setbacks were established; raftAdoption D
–June 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
258 ;shading of water surfaces is preserved xistingEThe .parcel width, whichever is lessthird of the -ll be less than 50 feet or oneThe maximum view corridor shaon conditions. -at
least 50% as viewed from the water, assuming summer, leafVegetation is maintained to screen structures, vehicles, or other facilities by accommodate the placement of stairways and
landings, provided that:and tuse or accessory primaryto provide a view to the water from the clearing of shrubs and cutting, pruning, and trimming of trees is allowed imitedL slopes
is prohibited.Intensive vegetation clearing in the shore and bluff impact zones and on steep replacement plaDevelopment Director through the approval of a planting removal and Mature
trees shall not be removed unless permitted by the Community Director.removal and replacement plan approved by the Community Development ing ot begin without a plantGrading activity
cannrooted vegetation. -native, deepvegetation is cleared for construction purposes, it shall be restored with woody If :shall comply with the following standards Removal or alteration
of vegetation For forest management uses. inance; andordFor the construction of public roads and parking areas, as permitted by this with a valid permit having been issued for these
facilities;As necessary for the construction of structures and sewage treatment systems :only permittedtion of vegetation is Removal or altera umination across public waters.prevent
direct illand is shielded or otherwise directed to ,used to illuminate potential safety hazardsImpact Zone or over public waters if it is landthe Shore Lighting may be located within
Signs are not permitted in the Shoreland Impact Zone Forest Management Guidelines for Landowners, Loggers and Resource Managers. Level -: Voluntary Siteapplicable provisions of
the Sustaining Minnesota Forest ResourcesThe harvesting of timber and associated reforestation must be conducted consistent with the raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
259 provided that:Placement of retaining walls, including boulder walls within the SIZ and BIZ ;Minnesota Wetlands Conservation Actmeet the applicable requirements of the shallGrading
within any wetland area :ardsshall require compliance with the following stand subdivision approvalsand ,s, variancesConditional Use Permits, Grading Permitconstruction permits,
All Any grading in the Shoreland Impact Zone and in Bluff Impact Zones; aterial outside of steep slopes, The movement of more than 50 cubic yards of m Bluff Impact Zones; The movement
of more than 10 cubic yards of material on steep slopes, and in shall be required for: Grading Permit .Sensitive Lands, Wetlands, Stormwater, and DrainageSection 60.400.050in , as
described generally applicable in the Citythat are the standards for grading of land he following standards shall supplement, but not replace, When in the shoreland district t table
for the location. density, sui-vegetation with high stemrooted woody and herbaceous -locations are to be restored with a mix of deepland owner and approved by the zoning administrator.
Near shore or highly erodible year maintenance plan prepared by the -e subject to a threeshall brestoration plan vegetation Thiscedures in Section 60.500.090. following the administrative
proViolations of the vegetation standards shall be subject to a Restoration Order prohibited in Bluff Impact Zones.beaches and watercraft access areas are Picnic areas, access paths,
use of vegetation, topography, or both; and Fertilizer and pesticide runoff into surface waters must be minimized through safety hazards is allowed without a permit., limbs, or
branches that are dead, diseased, dying, or pose Removal of trees Perennial ground cover is retained; not mounded on the ground; and Cutting debris or slash shall be scattered
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay Districts Section 60.200.040
260 not exceed three feet.is within 10 feet of the OHWL, and the height of the riprap above the OHWL does exceed three feet horizontal to one foot vertical, the landward extent of the
riprap does not and placement of a filter blanket, is permitted if the finished slope Placement of natural rock riprap, including associated grading of the shoreline andor conditional
uses and do not adversely affect adjacent or nearby properties; accessory to permitted only be allowed if they are shall Alterations of topography ;G.245.103§ .Stat .under Minnof
Natural Resources Commissioner Minnesota authorized by the first be shallAny alterations below the Ordinary High Water Level of public waters impact zones;shore or not be placed
in bluff shallFill or excavated materials ;steeper slopes of 30 percent ornot create finished shallfor continued slope stability and qualified professionalsbe reviewed by shallPlans
to place fill or excavated material on steep slopes unstable slope;not be placed in a manner that creates an shallFill or excavated material ;Erosion Control400.050G.260.Section
be stabilized to meet the erosion control policies in shall Altered areas ;siblepos, incorporating natural materials whenever be usedshall surface water feature to minimize erosion
and to trap sediments before they reach any Methods possible;be established as soon as shallsoil coverage, and a permanent vegetation cover mporary bare be used, where necessary,
for te shallMulches or similar materials smallest amount of bare ground is exposed for the shortest time possible;be designed and conducted in a manner that ensures only the shallAlterations
oody vegetation to help retain soil.rooted and wThe disturbances created adjacent to the wall will be replanted with deep the erosion problem; andzoning administrator determines
that a larger wall is necessary to correct lem and are not higher than 4 feet or longer than 10 feet, unless the probthe height and length are the minimum necessary to control the erosion
problem and not for aesthetic reasons.the structures are used only to correct a documented existing erosion already approved or permitted the project.e OHWL, the commissioner has
if the project includes work at or below th raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay –SDO : Section 60.200.040F Overlay
Districts Section 60.200.040
261 Standards, ordinances, and permits.Stormwater shall be managed in accordance with all applicable City Engineering cable design standards, ordinances and permits.applias well
as the requirements of any other ,Erosion ControlSection 60.400.050G.2in Roads, driveways, and parking areas shall meet erosion control standards as described view from public waters.
of maximum screening hieve natural topography to ac and take advantage of natural vegetationand to minimize earthwork, Public and private roads and parking areas shall be designed to
closer than 25 feet to the OHWL.Impact Zone, and shall in no case be landImpact Zone and/or Shore placed within BluffRoads, driveways, and parking areas shall meet building setbacks
and may not be the aforementioned standards. ,supplement, not replaceOverlay. They are intended to Shoreland District –apply within the SDO standards shall additional UDC. The followinof
this ,Parking, Loading, and StackingSection 60.400.080parking areas are regulated by , of this UDC, and Subdivision StandardsSection 60.400.030Public roads are regulated by has
approved the proposed connection to public waters. Natural Resourcesof CommissionerMinnesota Permission for excavations may be given only after the . Minnesota Rules, Chapter 6115omply
with shall c ,slips, canals, lagoons, and harborsExcavations where the intended purpose is connection to a public water, such as boat riprap.no less than ten feet from the landward
extent of the is to be established at a distance woody vegetation,A vegetative buffer, consisting of deep rooted and level does not exceed three feet height of the riprap above the
ordinary high water the ordinary high water level; andthe landward extent of the riprap is within ten feet of t vertical;foo-horizontal to onethe finished slope does not exceed
three feet project;commissioner has already approved or permitted the if the project includes work at or below the OHWL, the the shoreline and placement of a filter blanket is
permitted if:ding of Placement of natural rock rip rap, including associated gra raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Shoreland District Overlay
–SDO : Section 60.200.040F Overlay Districts 040Section 60.200.
262 them should not be located within the floodway or the Shore Impact Zone.Stormwater treatment facilities and the associated disturbances to accommodate for stent with Minnesota
Rules, part 6115.0231.be consishall settling of suspended solids and skimming of surface debris before discharge and constructed stormwater outfalls to public waters shall provide for
filtering or New the City Engineering Standards.are designed and installed consistent with be provided by a qualified individual that they When constructed facilities are used for
stormwater management, documentation shall pre project conditions is permitted.o net increase in flood rate, velocity or elevation during the 100 year event from the N Rochester
Code of Ordinances.12(1)a, Stormwater Management Criteria for Permanent Facilities and BMPs, of the -4-project conditions is permitted pursuant to section 6-No net increase from the
pre of the lot area. 25 percent shall not exceed of lots rage mpervious surface coveWithin the Shoreland District Overlay boundary, i raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Shoreland District Overlay –SDO : ion 60.200.040FSect Overlay Districts Section 60.200.040
263 they were. All uses that were permitted by right when LDMapplicable requirements of the her tandards referenced in the final column of the permitted use table and with all otSSpecific
-Useconsecutive years and that it complies with any fivevacant for a period of es place in an existing building or structure that the applicant documents has been that it takprovided
Conditional Use PermitSection 60.500.050Apursuant to Commission approval Planning subject tois of the Allowed Uses Table indicates that the usein a cell A “V” as an accessory use
in that zone district.permitted A use that is listed as an S use is also .of this subsection 5below in provision as described limited interim use may be available -period of time,
but approval of a timestated limited to a The approval of a Conditional Use may not be he table.hand column of that row of t-rightreferenced in the -Specific Standards cross-zone district,
subject to compliance with the Usein that by City CouncilConditional Use Permit Approved LSection 60.500.040N pursuant toapproval City Council subject toindicates the use is in a
cell of the Allowed Uses Table A “C” accessory use in that zone district.A use that is listed as an S use is also permitted as an column of that row of the table.hand -referenced
in the right-andards crossSpecific St-subject to compliance with the Usen that zone district, i Conditional Use Permit Section 60.500.050Apursuant to approval Planning Commission subject
toindicates the use is ein a cell of the Allowed Uses Tabl A “P” use that is listed as an S use is also permitted as an accessory use in that zone district. of that row of the table.
hand column-referenced in the right-Specific Standards cross-Usethe complies with the usethat and that zone district in available confirmation that the use isd after Staff indicates
the use is permitte in a cell of the Allowed Uses Table “S” tandard applies.Specific S-Useif a n asterisk denotes Table, aIn the Allowed Uses ve.are applied to address impacts that
the specific use may ha UDCections of the ove those imposed by the other Standards abSpecific S-UFor certain uses, land uses into appropriate zoning districts.vides a systematic basis
for assigning present and future conditions. This classification pro, how goods or services are sold or delivered, and site and amount of activity the typebased on common functional,
product, or physical characteristics such as and specific usesare classified into general use categories , land uses Allowed Uses Table1-300.01Table In .DefinitionsSection 60.600.030definition
located in , has a corresponding Allowed Uses Table1-300.01Table Each use listed in district.and the general standards that shall apply to the development of specific uses within each
district zone identify the uses allowed in each Section 60.300.010he regulations of this T Section 60.300.010 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota eOrganization of the Tabl: Section 60.300.010A Introduction Section 60.300.010
264 at the time the use is established. mit approval, license, or per ederalfpermit to operate are required to have that local, state, or government to have an approval, license, or
ederalfany local, state, or yAll uses required b Temporary Family Health Care Dwellings.defines and regulates that out of the requirement of Minnesota Statues 462.3593-he City optstPursuant
to authority by Minnesota Statues, Section 462.3593. Subdivision 9, is amended to treat the use differently. Cinterpretation or this UDnt until the Director makes a differe apply
to future uses with the same characteristicsand shall Use Table. The Director’s interpretation shall be made available to the public the Allowedlisted in nd neighborhood impacts of
the proposed use with other uses drainage impacts, utility impacts, amodal traffic impacts, storm -comparison of the size, scale, operating characteristics, multiThe Director shall
make that determination based on a shall be treated as the same use.is so similar to a listed use that it determines that it is included in the definition of a listed use orDirector
Community Development, unless the RochesterUse Table, the use is not permitted in the Allowedland use is not explicitly listed in , or temporaryaccessory ,hen a proposed primaryW
district.in that zoning permittedA blank cell in the Allowed Use Table indicates that the use is not .Section 60.300.020 are in sSpecific Standard-Details about the Use .where the
“*” appears ict distr ingin the zon he table applies to the usehand column of t-referenced in the right-Specific Standard cross-indicates that a Use the Allowed Uses Table in next to
a use A “*” of the table. rowhand column of that -the rightreferenced in -Standards crossSpecific -, subject to the Useissuance of a temporary permittes that the use is permitted subject
to the indica in a cell of the Allowed Uses Table A “T” of the table. rowhand column of that -in the rightreferenced -crossSpecific Standards -ject to the Useon the site, and subuse
only in support of a permitted use indicates that the use is permitted as an accessory A “A” in a cell of the Allowed Uses Table period of time during which the use may operate.any
approval must state a ,e approval by City CouncilInterim uses requir the table. row ofthat hand column of-specific Standards referenced in the right-subject to any Useprimary use
“I” in a cell of the Allowed Uses Table indicates that the use is permitted as an interim A owner.e request of the property at th written confirmation of that factapproval and the
City will issue will be deemed to have already obtained s listed as a “V” use now areestablished, but that raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Unlisted Uses and Structures: Section 60.300.010C Introduction Section 60.300.010
265 60.300.020B.5Section Nursing Home Dwelling UnitMedical Stay 60.300.020B.1Section Dormitory 020B.160.300.Section HousingCongregate 60.300.020B.4Section Home ParkManufactured
60.300.020B.2Section DevelopmentDwelling, Cottage Dwelling, Live/Work 60.300.020B.3Section MultifamilyDwelling, Dwelling, Fourplex Dwelling, Triplex Same LotDwelling, Duplex,
AttachedDwelling, Home-Dwelling, Twin Family Detached-Dwelling, Single specific standards apply-= use *= prohibited; Uses with an Blank cell; = temporary permitT accessory use;
= A = interim use; I= vacant use; V approval; City Council= C approval; Planning Commission= P approval; Staff= S raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010
266 60.300.020C.9Section School blic ParkPu 60.300.020C.8Section Place of Worship 60.300.020C.7Section cal FacilityMedi 60.300.020C.6Section Funeral Home 60.300.020C.5Section
ncy ServiceEmerge 60.300.020C.4Section Day Care Facility Correctional Facility 60.300.020C.3Section Community Garden 60.300.020C.2Section Community Center UniversityCollege or
60.300.020C.1Section Cemetery LibraryMuseum, and Art Gallery, 60.300.020B.7Section FacilityResidential Care 60.300.020B.6Section Housing Transitional Offender specific standards
apply-= use *= prohibited; Uses with an Blank cell; = temporary permitT accessory use; = A = interim use; I= vacant use; V approval; City Council= C approval; Planning Commission=
P approval; Staff= S raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section
60.300.010
267 660.300.020D.Section Bed and Breakfast 60.300.020D.5Section Bar or Tavern 60.300.020D.18Section RecreationEntertainment or Outdoor 60.300.020D.13Section Indoor Gun Range 60.300.020D.12Secti
on RecreationEntertainment or Indoor 60.300.020D.8Section Park orCampgrounds CenterAuditorium or Civic 60.300.020D.1Section tEntertainmenAdult 60.300.020D.27Section ServicesAnimal
and Veterinary Retail ltureAgricu 60.300.020D.2Section ProductionAgricultu EducationSpecialized 60.300.020C.10Section Social Services specific standards apply-= use *= prohibited;
Uses with an Blank cell; = temporary permitT accessory use; = A = interim use; I= vacant use; V approval; City Council= C approval; Planning Commission= P approval; Staff= S
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010
268 60.300.020D.3Section Air Transportation 60.300.020D.26Section Retail, Large 560.300.020D.2Section Retail, Medium 60.300.020D.24Section Retail, Small 60.300.020D.23Section NeighborhoodRetail
, 60.300.020D.21Section TestingResearch and 60.300.020D.17Section Office Financial Institution 60.300.020D.9Section Construction Office 60.300.020D.7Section Personal ServiceBusiness
or 60.300.020D.4Section WorkshopArt Studio and 60.300.020D.22Section RestaurantStandard 60.300.020D.16Section viceFood and SerNeighborhood Hotel or Motel 60.300.020D.9Section
RestaurantFast Food specific standards apply-= use *= prohibited; Uses with an Blank cell; = temporary permitT accessory use; = A = interim use; I= vacant use; V approval; City
Council= C approval; Planning Commission= P approval; Staff= S raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Relation to Local, State, or Federal
Laws: Section 60.300.010D Introduction Section 60.300.010
269 FacilityTransfer cycling Re Light Industry 60.300.020E.1Section Heavy Industry ServicesHeavy Commercial ManufacturingArtisan TransportationRailroad Dispatch FacilityTransportation
Public 60.300.020D.20Section Parking Lot 60.300.020D.19Section Parking Garage 60.300.020D.15Section StorageSales, Leasing or Motor Vehic 60.300.020D.14Section WarehousingMotor
Freight and 60.300.020D.11Section Fueling Station Major, ServicesAutomotive Repair Automotive Center specific standards apply-= use *= prohibited; Uses with an Blank cell; = temporary
permitT accessory use; = A = interim use; I= vacant use; V approval; City Council= C approval; Planning Commission= P approval; Staff= S raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010
270 Systemmal Energy Geother TowerCommunications StructureStealth on Existing Freestanding Existing StructureLocated on -Co 60.300.020F.1Section Service (CWTS)Telecommunication
Wireless Commercial 60.300.020E.5Section ExcavationSand or Gravel 60.300.020E.3Section Quarry Landfill 60.300.020Section Wholesale Facility 60.300.020E.6Section FacilitySelf
Service Storage 60.300.020E.2Section Junkyard 60.300.020E.4Section Maintenance ShopRepair and specific standards apply-= use *= prohibited; Uses with an Blank cell; = temporary
permitT accessory use; = A = interim use; I= vacant use; V approval; City Council= C approval; Planning Commission= P approval; Staff= S raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010
271 60.300.020G.13Section AreaOutdoor Eating 60.300.020G.12Section Home Occupation 60.300.020G.11Section Greenhouse 60.300.020G.10ection S Garage 60.300.020G.9Section Fuel Tank
Charging StationElectric Vehicle 60.300.020G.8Section yin Facilit-Drive 60.300.020G.7Section Billboard 60.300.020G.6Section Animal Husbandry 60.300.020G.5Section UnitAccessory
Dwelling 60.300.020G.1Section 60.300.020F.3Section Mounted -Building -(WECS), Ground SystemConversion Wind Energy Utility, Minor 60.300.020F.3Section Utility, Major 60.300.020F.2Section
Mounted-Building -GroundSolar Collector, specific standards apply-= use *= prohibited; Uses with an Blank cell; = temporary permitT accessory use; = A = interim use; I= vacant
use; V approval; City Council= C approval; Planning Commission= P approval; Staff= S raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Relation to Local,
State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010
272 60.300.020H.6Section Storage Container 60.300.020H.5Section Seasonal Sales 60.300.020H.4Section Garage Sale 60.300.020H.3Section Food Truck 60.300.020H.2Section Yard Contractor's
Office 020H.160.300.Section Carnival or Festival 60.300.020G.20Section Urban Agriculture 60.300.020G.19Section CourtTennis PoolSwimming 60.300.020G.18Section
Sales Office orManagement Residential 60.300.020G.17Section *A *A *A *A *A Security GuardCaretaker or Residence for 60.300.020G.16Section FacilityRelated Service
60.300.020G.15Section Recycling Drop Box 60.300.020G.14Section Vehicle ParkingRecreational specific standards apply-= use *= prohibited; Uses with an Blank cell; = temporary permitT
accessory use; = A = interim use; I= vacant use; V approval; City Council= C approval; Planning Commission= P approval; Staff= S raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Relation to Local, State, or Federal Laws: Section 60.300.010D Introduction Section 60.300.010
273 Multifamily Dwellings.in sarearecreational ments onrequire ,Area RecreationUsable Section 60.400.070E.8See .Section 60.400.020FProtection Standards, as described another multifamily
structure, the multifamily structure is subject to Neighborhood s a lot line with any Household Living use other than share structure Where a multifamily and facilities, and any other
features required to be identified by this UDC. facilities, common areas stormwater managementsites, streets, parking areas, wellingdn identifying individual cottage PlaDevelopment
The applicant shall submit a Site that buffer area.and rear lot line, and no portion of any primary or accessory structure may be located in applicable to multifamily dwellings, along
each side Bufferyards, ,Section 60.400.060Dshall maintain a vegetated buffer, meeting the standards in cottage developmentEach dwelling sites. cottagenot to individual , but cottage
developmentZone district lot and setback requirements shall apply to the individually.or sold ded may not be subdivicottage development Individual cottage lots or portions of shall
be provided. developmentof each cottage A shared private common space containing at least 10 percent in cottage units per acre.mum 16,000 square feet of gross floor area maxi Each
cottage development may have a cottage developments. quarter mile from other -Cottage developments have a separation requirement of one acres. twosize is developmentMaximum ee
rooming or sleeping units equal one dwelling unit.on the computation that thr, based DwellingDevelopments shall meet the standards applicable to permitted Multifamily .Accessory,
or InterimVacant, Primary, they areapprovals, and regardless of whether City Councor Planning Commission, as Staff, n, regardless of whether the uses are showsame line of the Allowed
Uses Tableapply to those uses listed on the Section 60.300.020this cific Standards listed in Spe-The Use Section 60.300.020 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota ApplicabilitySection 60.300.020A tandardsSpecific S-Use Section 60.300.020
274 26 Primary Structure 10 Rear 10 Side Street 5 SideInterior 51 Front space manufactured home 00 sq. ft. /2 Usable Open Space spacemanufactured home 0 ft. / 25 Lot Width spacemanufactured
home 00 sq. ft. / 02, Lot Area .parks in all districtsThe following table states the applicable dimensional standards for manufactured home . .327.31, SubdCh. Stat. .innshall bear
an installation seal as defined in Mg but not limited to Chapter 327 and conform to all Minnesota Statutes includinEach manufactured home sited on a lot in a manufactured home park
shall Minnesota Statutes.in the the Department of Health requirements for manufactured home parks under Chapter 4630 of the Rules of icensing the lOwner/applicants must comply with
At the time of application raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Residential UsesSection 60.300.020B Specific Standards-Use Section 60.300.020
275 18. -comply with Rochester City Code Section 5the use resulting in expiration or termination of resident occupancy, the owner shall In cases where the owner of a manufactured home
community intends to change landscaped and maintained.shall be All yard areas and other open spaces not otherwise paved or occupied by structures resistant materials.-Storage sheds,
accessory buildings, and carports shall be constructed of weather required for the manufactured home community.ndscape buffers may not be located in any setbacks, usable open space,
or lasetback areas of individual manufactured home sites. Such accessory buildings Carports, patios, decks, and accessory buildings may be located in side and rear of the manufactured
home.or uplift provided on each manufactured home space or lot to prevent overturningshall be ROA 1994 (Uniform Administrative Code and Uniform Housing Code)3 of -1 and 14-downs constructed
to comply with Articles 14-Anchorages and tie manufactured home.e siding of the skirted with materials similar in color, texture, and appearance to thManufactured homes that are not
installed on a permanent foundation shall be raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Residential UsesSection 60.300.020B Specific Standards-Use
Section 60.300.020
276 A licensed child day care facility except for a family day care facility; acres in size that is equipped with one or more playgrounds; The playground area of any existing or planned
public active recreation park over size in existence or planned; acres in Public active recreation parks under Development PlanGeneral Outdoor youth facilities in existence or included
in approved facilities:Separation by a distance of not less than 1,000 feet is required from the following t shall be separated.housing and the facility from which ithe separation
distances shall be measured from the property lines of both the offender ection. Except where otherwise specified, Sthe separation requirements provided in this law or administrative
rule must meet state offender as defined by predatorydesignated providing or intending to provide housing to a Offender Transitional HousingAny persons. units shall not exceed 10
Offender Transitional Housingtion capacity of populawhere the sum of dwelling and lodging units within 500 feet is fewer than 100, the , except that use Offender Transitional Housingradius
of 500 feet of a proposed of the sum of dwelling units and lodging units in parcels within a percent exceed 10t Offender Transitional Housing) of rooming or sleeping unitspopulation
capacity (may not cause the sum of the Residential DistrictAgricultural and 500 feet of , proposed Offender Transitional Housing that is within districts Residential-NonIn .trictsdis
Residential-Nonuses in Transitional HousingOffender There shall be no required minimum separation distance between No minimum separation 400 feet or greater 600 feet or greater
1,000 feet or greaterSeparation RequiredDistrict :in the tableas shown Offender Transitional Housingseparated from other if DistrictResidential Agricultural and nmay be established
in aTransitional Housing Offender .streetresidential Localfrom or channel a majority of the traffic generated by the use onto a points have vehicle accessses shall not Nursing
Home usDistrict 4-R, and 3-R2x, -R2-, R1-Rn the I raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Residential UsesSection 60.300.020B Specific Standards-Use
Section 60.300.020
277 .Local residential streetby the use onto a from or channel a majority of the traffic generated points have vehicle accessUses shall not .residential street Localby the use onto
a raffic generated from or channel a majority of the t points have vehicle accessUses shall not shall be processed with Planning Commission approval. Zoning Certificater separating
the uses. In such instances the request for a could mitigate the need fozoning, or topographical features that Residential-Nonbarrier such as an arterial street, the two uses are separated
by a physical unless quarter mile of each other-within onethat require Planning Commission approval may locate Residential Care Facilities two .Section 60.500.050APermit as described
in of a Conditional Use approval Planning Commissionrequire Residential DistrictAgricultural and ving more than 16 dependents in acilities serFare CResidential .subject to Planning
Commission approval 2 Districts, such development shall be a conditional use-1 and R-. In the RDwellingsMultifamily provided that the proposed use meets the requirements applicable
to 4 Districts, -and R-in the RStaff approval and may be approved bymultifamily use and 16 dependents is a permitted 7erving between sacility Fare CResidential 2 District.-Rthe
for requirements proposed use must meet thedwellings are not permitted, the family -here singleW .Family Detached Dwellings-Singlethe requirements for provided that the proposed use
meets and may be approved by Staff permitted useor fewer dependents is a sixacility serving F areC esidentialRIn all districts, a .approval Zoning Certificaterior to required p of
such licensing shall be licensed under the State of Minnesota and proof Residential Care Facility use. Offender Transitional Housingapplication for the Conditional Use Permitof
the date of facility licensed to operate as residential careSeparation by a distance of not less than 500 feet is required from a day care or a Quarry Hill Park in its entirety.
schools; andand secondary ,, elementary schoolschildcare facilitying public or private Exist raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public,
Institutional, and Civic Uses: Section 60.300.020C Specific Standards-Use Section 60.300.020
278 .approval tificateZoning Cerlicensing shall be required prior to the State of Minnesota and proof of such be licensed must Day Care Facilities site.oil brought to the site
without completing a soil test of the soil native to the clean sAs an alternative to meeting the above standards, food products may be grown in grown in raised beds filled with clean
topsoil.If metal content in soil exceeds established thresholds, food products may only be Minnesota Pollution Control Agency.contact established by th-residential screening levels
for soil exposure, directmolybdenum, nickel, selenium, and zinc are determined to be at or below the comparable method and that the metals arsenic, cadmium, mercury, using the US EPA
3050B, 3051, or a samples, has been tested for metal content A composite sample of the native soil, consisting of no less than five individual the site has only been used for residential
or agricultural activities in the past; orits, or a combination of those sources that Proof through maps, deeds, prior perm either:contact for lead established by the Minnesota Pollution
Control Agency; and -directdetermined to be at or below the residential screening levels for soil exposure, ad content and the lead content in the soil is samples, has been tested for
leA composite sample of the native soil, consisting of no less than five individual satisfied:documentation to the Community Development Director that the following standards are
site may be sold if the applicant can provide Food products grown in soil native to the sale of produce grown on that site.on the Community Garden site, except for the are not a
permitted useRetail sales feet from any abutting lot with an occupied residential use. least 10Cold frames are limited to a maximum height of 12 feet and shall be located at of
the property.located at least 10 feet from any lot line, and may not cover more than 25 percent and hoop houses are limited to a maximum height of 15 feet, shall be Greenhouses
100 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public, Institutional, and Civic Uses: Section 60.300.020C Specific Standards-Use Section 60.300.020
279 .residential street Localby the use onto a from or channel a majority of the traffic generated points have vehicle accessUses shall not .or expressway ,direct access to a collector,
arterial must provideThe site residential street Localgenerated by the use onto a from or channel a majority of the traffic points not have vehicle accessUses shall .resswayor
exp ,direct access to a collector, arterial must provideThe site .street The use must be located at the intersection of a collector street and a higher order .or expressway ,direct
access to a collector, arterial must provideThe site or parcel.use on the lot primaryfrom the structure housing the freestandingpart of, attached to, or use. The day care center
may be an internal yndustrIvy H300 feet or more from any located must behe portions of the lot or parcel on which the day care center is situated T .sistrictdResidential Agricultural
and in ,Use Permit ConditionalSection 60.500.050Aas described in approvalDay care facilities serving more than 20 dependents require Planning Commission be approved by the Planning
Commission.must use2 Districts, such -1 and R-. In the RMultifamily Dwellings forrequirements that the use meets the provided 4 districts, -3 and R-Staff in the R be approved byand
may serving between 15 and 20 dependents is permitted Day Care Facility 2 district.-those of the Rfamily dwellings are not permitted, the applicable requirements shall be -single
icts whereIn zoning distrFamily Detached Dwellings-Singlethe requirements for provided that the use meets Staff and may be approved bydependents is permitted , a day care facility
serving 14 or fewer Residential DistrictAgricultural and In all 101 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public, Institutional, and Civic
Uses: Section 60.300.020C Specific Standards-Use Section 60.300.020
280 nuisancethe changes may cause an increase in the emittance of noise, odor, or other the changes may create safety hazards or the use is within 400 feet of any residential use;
and ; oroutside employeestail use involving more than five and packaging of products for wholesale or rethe operations constitute an industrial use involving the compounding, processing
approval is required where the Community Development Director determines that:nd may be approved by Staff, however City Council intensify existing uses are permitted aof existing
nonconforming Animal production that expand or Changes to the operation 50 feet from any property line. any structure used for the housing of livestock or poultry shall be located
a minimum of sture; and The animal density shall not be greater than one animal unit per one acre of pa is not permitted outside of the AG District.Agriculture production In all
districts except the AG district: entertainment use. 0 feet of another adult o adult entertainment establishment shall locate within 75N or youth facility. ,, schoolplace of worshipboundary,
Residential Districtand Agricultural All adult entertainment uses shall be located not less than 750 feet from any street.d a higher order The use must be located at the intersection
of a collector street an 11 is required.-Chapter 5Compliance with the Rochester Code of Ordinances ced transit route, at the discretion of the Community Development Director. regularly
serviFor social services providing overnight shelter, the facility shall be located along a collector street and a higher order street.he use must be located at the intersection of
a , tsistrictdResidential Agricultural and In .residential street Localmajority of the traffic generated by the use onto a from or channel a points have vehicle accessshall not
on any street. All other Schoolscan be located Grade th ools that provide educational services to Kindergarten through 5Sch 102 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
281 double occupancy guest rooms. of fivemaximum Bed and Breakfast will be limited to a 4 districts, -3 and R-In the R permitted. rooms a maximum of five double occupancy guest ,which
casei ,areasquare feet or larger in proposed bed and breakfast is 20,000 lot for the theunless occupancy guest rooms, will be limited to a maximum of three double Bed and Breakfast
2 district, -In the R property.must also be the owner and occupant of the Breakfast Bed andThe proprietor of a criteria:the following shall comply withBed and Breakfast 4 districts,
a -and R ,3-R2x, -R2, -In the R a residential district. on a lot abuttingN district, the use shall not be located -In the MX tial streetresiden Localgenerated by the use onto a from
or channel a majority of the traffic points not have vehicle accessUses shall and Workshop is 4,000 square feet. N district, the maximum allowed area for an Art Studio -districts
and in the MX In residential residential street Localgenerated by the use onto a from or channel a majority of the traffic points not have vehicle accessUses shall esidential properties.necessar
y to protect surrounding rpad by the owner of the facility to minimize noise, dust, and other hazards where Landing pads shall have a planted area maintained around the perimeter of
the tures not associated with operation of the landing facility. kept free of uses or structhe runway that shall be controlled and maintained by the owner of the facility and clear
zone of 1,000 or more feet provided at the end of Landing strips shall have permit such use.ility unless the underlying land is zoned to directly related to the operation of the facor
advertisement activity that is not ,The use shall not include any retail, service unauthorized personnel.Air transportation facilities shall be designed so as to discourage trespassing
by ty is in operation.and maintained in effect at all times when the facilifor design and operation of the facility shall be obtained Aviation Administration including but not limited
to the Federal approvals ederalfand tate s All required 103 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Commercial UsesSection 60.300.020D Specific
Standards-Use ection 60.300.020S
282 00 square feet in size.4area smaller than recreational Recreational space equal to 10 percent of the site area shall be provided, with no single a residential zoning district
boundary shall be maintained. designated site andseparation between any foot-Spaces for trailers shall be at least 25 feet wide, and a The density of proposed developments shall
not exceed 20 sites per acre. 10PM 6AM 10PM 6AM 10PM 7AM 9PM 7AM 9PM 7AM of OperationPermissible HourDistrict table below. If a district is not listed, then no hours of operation
restrictions apply. may only operate during the times specified in the uses Business and Personal Service residential street Localgenerated by the use onto a from or channel a majority
of the traffic points not have vehicle accessUses shall 4 districts.-Rand ,3-R2x, -R2 district. No distance separation is required in the -breakfast uses in the Rfeet must be maintained
between bed and 500A distance separation of at least consecutive days. Guest stays are limited to no more than r area.feet of habitable floomust consist of at least 1,500 square
nd Breakfast aBed The dwelling proposed for a .Vehicle Parking RequiredMaximum m andMinimu Section 60.400.080Eshall meet the provisions of room andguest half of a parking space
shall be provided for each -district only one -Rprovided, in the street parking space plus one parking space for each guest room shall be -One off feet in size.less than 10,000 square
No Bed and Breakfast facility shall be permitted on a lot that is one sign not exceeding 12 square feet is permitted. instances,zoning district. In those Residential-Nondirectly
abuts a thatstreet or on a lot d frontage along a collector or higher level permitted, except on a lot that has public roa4 districts, one sign not exceeding four square feet shall
be -3 and R-dwelling. In the Rsquare feet of display area is permitted. Such signs shall be attached to the front of the ghted sign, not exceeding two one small, unlisistrictdResidential
Agricultural and In 104 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Commercial Useson 60.300.020DSecti Specific Standards-Use Section 60.300.020
283 10PM 6AM of Operation sPermissible HourDistrict restrictions apply. specified in the table below. If a district is not listed, then no hours of operation mes may only operate during
the ti Indoor Entertainment or Recreation establishments order street with another collector or higher order street.of gross floor area shall be located at the intersection of a collector
or higher feetN districts, any establishment containing over 15,000 square -4 and MX-In the R .or expressway ,collector, arterialdirect access to a must providehe site N districts,
t-4, and MX-3, R-In the R line or property line. way--rightFuel pumps shall be no closer than 15 feet from any feet from any property line. fivewithin any required yard, but no
closer than Site area improvements devoted to the dispensing of fuels are permitted to encroach 11PM 6AM 11PM 6AM 10PM 6AM of Operation sPermissible HourDistrict below. If a district
is not listed, then no hours of operation restrictions apply. rant uses may only operate during the times specified in the table Fast Food Restau residential use. single family or
duplex permitted abuttingnot Use street.The use must be located at the intersection of a collector street and a higher order .Exterior Storage Section 60.400.090 standards inAny
exterior storage associated with a Construction office is subject to all applicable bufferyard areaside or rear yards, outside of any required business shall only be permitted in
the Storage of materials, vehicles, and other equipment associated with the operation of the the traffic generated by the use onto a Local residential street.not have vehicle access
points from or channel a majority of Construction offices shall 105 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Commercial UsesSection 60.300.020D
Specific Standards-Use Section 60.300.020
284 ,onstructioncontainment design and c ,limited to those related to building constructionengineer that demonstrates compliance all provisions in this section including but not certificate
of occupancy the applicant shall provide a certified inspection from the a final Prior to occupying the building, requesting a temporary certificate of occupancy, or performance standards.shall
serve as best practices for shooting range to Planning and Constructione Source Book: A Guide RangThe most current edition of the National Rifle Association's transportation of firearms.,
state, and local laws and regulations related to the use, sale, rental, and federalplicant shall operate and manage the Indoor Gun Range in conformance with all firearm safety classes
that must be supervised by an adult instructor.specifying that minors shall be accompanied by an adult at all times. This includes Signs shall be posted in the entry of the structure
and within the Gun Range space .pment DirectorCommunity Develoissuance of the certificate of occupancy and shall be available for inspection by the prior to the Community Development
Directorshall be executed and provided to the he limit of the policy, and/or a change in policy ownership. The policy policy, a change in tin writing of a cancellation of the Community
Development Directorinsurer to notify the The applicant shall provide and maintain proof of liability insurance that shall require the n Range shall have a clear and concise safety
plan. Each Indoor Gu and construction specifications of the Gun Range.No ammunition shall be used in the Indoor Gun Range that exceeds the certified design ammunition to be used
in such Indoor Gun Rangeand such design must contain specification as to thy otaof Minnes stateregistered in the The design of the Indoor Gun Range shall be performed by a professional
engineer ammunition rounds within the building and in a controlled manner.esign and construction of the Indoor Gun Range shall completely confine all The d of the Indoor Gun Range
at any time.Beverage. An Alcoholic Beverage shall not be sold, stored, or consumed on the premises located in a building that contains a business that sells or dispenses an Alcoholic
nse an Alcoholic Beverage, nor shall it be An Indoor Gun Range shall not sell or dispe 87A and MN Rules 7030. Ch.not limited to the noise standards in Minn. Stat. 87A, included but
Ch.The building and method of operation shall comply with Minn. Stat. .shall comply with the following standardsnge Each Indoor Gun Ra 10PM –6AM 10PM 6AM 10PM 6AM 106 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
285 floor area.gross If located in a freestanding building, shall not exceed 2,000 square feet of story building; or-a multiof floorhe ground T :shall be limited toOffices 10PM
6AM 10PM 6AM table below. If a district is not listed, then no hours of operation restrictions apply. Neighborhood Food and Service uses may only operate during the times specified
in the residential street Localgenerated by the use onto from or channel a majority of the traffic points not have vehicle accessUses shall .district r vehicles that are not for
sale or lease are only allowed in LIutdoor storage areas foO districts. and LI ,G-BP, the utdoor display areas for vehicles are only permitted in O residential street Localmajority
of the traffic generated by the use onto a from or channel a ints not have vehicle accessses shall , uistrictsdG, LI, and SI -n the MXI 10PM 7AM M10P 7AM 10PM 7AM of Operation
sPermissible HourDistrict is not listed, then no hours of operation restrictions apply. a district Indoor Gun Range uses may only operate during the times specified in the table below.
If executed proof insurance.and ,noise requirements ,caliber of firearms for which indoor gun range is certified 107 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
286 .residential street Locale onto a generated by the usfrom or channel a majority of the traffic points not have vehicle accessses shall U performance standards.shall serve as best
practices for shooting range ing and ConstructionGuide to PlannRange Source Book: A The most current edition of the National Rifle Association's discharge for surrounding properties.so
as to baffle noise and provide protection from accidental or stray ammunition feet from property lines unless designed shooting stations shall be at least 1,000 If the proposed use
is an open range or gun club involving the use of firearms, all weather surface.-have an allet from any other property line, and parking surfaces shall be setback at least 30 feParking
areas and other areas of intense activity, such as bleachers or rides, shall facility and no outdoor advertising of business or products is maintained. t to the condition they are
operated primarily for the patrons of the permitted subjecIncidental commercial facilities, such as refreshment stands or pro shops, are way or adjacent residential properties.--visible
from any public right fixtureground level bulb or light source in a elopment shall be designed so that no The dev district applicable to the adjacent property.property line does not
exceed the maximum decibel level permitted in the zoning Sound amplification systems shall be designed so that the noise level at the 10PM 6AM 10PM 6AM 10PM 7AM of Operation
sPermissible HourDistrict not listed, then no hours of operation restrictions apply. ly operate during the times specified in the table below. If a district is Office uses may on .residential
street Localgenerated by the use onto a from or channel a majority of the traffic points have vehicle accessUses shall not 108 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
287 parking use in the future.-conversion to a nonheight of 13 feet for a depth of at least 30 feet from the street to allow for ceiling --have a minimum floor facing façade of the
parking garage shall-The street designated by the City:T Village subdistrict. In park and ride locations -T district, except in the MX-within the MXNo primary use parking garage unrelated
to a park and ride location shall be located uses permitted in the zone district in the future. parking-nonvehicle entryways) to allow those ground floor frontages to be used or converted
to ted within 20 feet of the street facing façade (except for required driving aisle locano shall be designed with a minimum floor to ceiling height of 13 feet, and with The ground
floor of each parking structure façade facing a public or private street and publicly accessibly open space.way --from adjacent public rights ,internal light sourceshood level, and
to conceal below Parking structures shall be designed to conceal the view of all parked cars shall be level.façadeshall be vertically and horizontally aligned and all floors fronting
on such y accessible open space way or publicl--Façade openings that face any public right , parking lots shall comply with the following requirements as applicable.AlternativesIconic
Building Section 60.400.070F.5In addition to the parking standards in 11PM -- 11PM -- 11PM -- of Operation sPermissible HourDistrict ed, then no hours of operation restrictions
apply. the table below. If a district is not listecreation uses may only operate during the times specified in Entertainment or ROutdoor .or expressway ,direct access to a collector,
arterial must provide category of usesThis y).or archer ,cart, motorcycle) or ranges (skeet, rifle-parks, racetracks (auto, goamusement . Uses in this category include, but are not
limited to, or the use of weaponsthe glare they produce; or 3) the potential danger they may create from flying objects outdoor athletic facilities because of 1) the noise and traffic
volumes they may generate; than conventional intensityare of greater Outdoor Entertainment or Recreation uses that 109 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
288 to the primary building entrance(s).access walkways with direct pedestrian to provide pedestrian routes interface with traffic circulation routes, and pedestrian routes shall be
designed and located to minimize the pedestrian primary pedestrian entrance(s) to the building(s) served by the parking areas. The strian routes between parking areas and the provide
clearly identified pedeSurface parking lots and structures containing more than 50 parking spaces shall separated from other parking modules by buildings or landscaped areas.aller
modules that contain 50 or fewer spaces each and that are visually Surface parking lots with more than 100 parking spaces shall be organized into a landscaped buffer.occupied by a
pedestrian gathering space with seating, a bicycle parking area, or . Such area must be ot facing a public or private street and that streetparking lbetween each edge of the of at least
six feet in width shall be located area requires the greater distance from the front lot line.street (not including alleys) than the façade of a primary structure, whichever closer
to any public or private public or private street (not including alleys), or No portion of the parking lot shall be located within 20 feet of any lot line facing a standards:and required
or permitted accessory parking lots shall comply with the following designated by the City, Primary use surface parking lots in park and ride locations istrict.d T-by the City shall
be located within the No primary use surface parking lot unrelated to a park and ride location designated .feet from each other 500,uses must be located at least 1 lotParking dense
evergreen hedge three feet in height.wall three feet in height constructed of durable maintenance free material or a shall be screened from public view by a solid istrict shall not
exceed 60 feet and d-is approved by Planning Commission. The street frontage of a parking lot in the MXparking lot that public N district, the only type of parking lot permitted is
a -In the MX parking lot. public ng lot permitted is a district, the only type of parki S-In the MX parking lots shall comply with the following requirements as applicable.AlternativesIconic
Building Section 60.400.070F.5In addition to the parking standards in .Iconic Building Alternatives0.400.070F.5Section 6standards in of a parking structure facing a street shall
comply with the design façadeThe 110 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Commercial Usesion 60.300.020DSect Specific Standards-Use Section
60.300.020
289 10PM –6AM 10PM –6AM of operation restrictions apply. If a district is not listed, then no hoursNeighborhood Retail uses may only operate during the times specified in the table
below. setbacks, and do not obstruct sidewalks or walkways.ped areas, do not occupy required front standards, do not occupy required landscaconsecutive days on portions of the lot
that are not needed to meet minimum parking for a period of not more than 14 Outdoor displays related to the retail use are permitted .residential street calgenerated by the use onto
a from or channel a majority of the traffic points have vehicle accessUses shall not 11PM --6AM 11PM --6AM 10PM --6AM of Operation sssible HourPermiDistrict below. If a district
is not listed, then no hours of operation restrictions apply. Standard Restaurant uses may only operate during the times specified in the table street.collector street and a higher
order The use must be located at the intersection of a basis.within the subdistrict or by providing research in the field of medicine on an independent ding support services to existing
institutions the medical community/industry either by proviD district, Research and Testing uses shall be related to -In the Medical Subarea of the MX 111 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
290 10PM 6AM 10PM 6AM of OperationPermissible HourDistrict district is not listed, then no hours of operation restrictions apply. Retail Trade uses may only operate during the times
specified in the table below. If a setbacks, and do not obstruct sidewalks or walkways.standards, do not occupy required landscaped areas, do not occupy required front consecutive
days on portions of the lot that are not needed to meet minimum parking an 14 for a period of not more thOutdoor displays related to the retail use are permitted 11PM 6AM 10PM
6AM 7PM –6AM 7PM –6AM of Operation sPermissible HourDistrict f operation restrictions apply. district is not listed, then no hours oSmall Retail uses may only operate during the times
specified in the table below. If a setbacks, and do not obstruct sidewalks or walkways.ndscaped areas, do not occupy required front standards, do not occupy required laconsecutive
days on portions of the lot that are not needed to meet minimum parking for a period of not more than 14 Outdoor displays related to the retail use are permitted street.t and a higher
order The use must be located at the intersection of a collector stree .or expressway ,direct access to a collector, arterial must provideThe site .residential street Localgenerated
by the use onto a a majority of the traffic from or channel points not have vehicle accessUses shall 112 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Commercial UsesSection 60.300.020D Specific Standards-Use Section 60.300.020
291 nters that incorporate landscaped areas and places for sitting. Integral pla structure and design; orArchitectural detail such as tile work and moldings integrated into the building
Display windows; Outdoor patios; Arches; Peaked roof forms; Raised corniced parapets over the door; Arcades; Recesses/projections; Overhangs Canopies or porticos; elements
featuring no less than three of the followingLarge retail buildings shall have clearly defined, highly visible customer entrances setbacks, and do not obstruct sidewalks or walkways.red
front standards, do not occupy required landscaped areas, do not occupy requiconsecutive days on portions of the lot that are not needed to meet minimum parking for a period of not
more than 14 Outdoor displays related to the retail use are permitted 113 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Commercial UsesSection 60.300.020D
Specific Standards-Use Section 60.300.020
292 ors from 9 p.m. until 7 a.m.kept indofeet in height, and that animals are sixsides by a sight obscuring fence or wall at least In other districts, outdoor exercise runs are permitted
provided they are enclosed on four all times.ls shall be kept in a completely enclosed building at anima sistrictd S-N and -In the columns and/or changes in plane, texture, or
masonry pattern. articulating elements such as façadeSide walls exceeding 30 feet length shall have Vertical accents or focal points. eights;Variations in roof form and parapet
h istinct changes in texture and color of wall surfaces;D feet; offset shall have a minimum width of Each required a minimum of every 40 feet. , and locatedleast one foot depthor
recesses, having a wall offset of at hanges in wall plane, such as projectionsC visible from a street: façadeon each Large retail buildings shall incorporate two or more of the following
design elements 114 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Industrial UsesSection 60.300.020E Specific Standards-Use Section 60.300.020
293 All operations and storage must be conducted within an enclosed structure. cross over the lot line.required bufferyard area, and controlled by bumper stops or other means so
as not to , outside of any setbacks business shall only be permitted in the side or rear yardsassociated with the operation of a Storage of materials, vehicles, and other equipment
or local results in traffic passing through a residential area.and freeways) by way of the collector ,the primary street system (arterials, expresswaysor collector street where access
to the site from Uses shall not take access to any local .residential street Localgenerated by the use onto a from or channel a majority of the traffic points have vehicle accessUses
shall not 11PM –5AM of Operation sPermissible HourDistrict ictions apply. is not listed, then no hours of operation restruses may only operate during the times specified in the table
below. If a district Junkyard .collector or local results in traffic passing through a residential areaway of the and freeways) by ,from the primary street system (arterials, expresswaysUses
shall not take access to any local or collector street where access to the site .residential street Localgenerated by the use onto a from or channel a majority of the traffic spoint
have vehicle accessUses shall not business.shall be closed when the establishment is not open for for vehicle access penings O are permitted to allow vehicle access into the site.
serving the property,o railroad lines or spurs exceeding the minimum width needed to allow access t, or not Openings equipped with a gate or door not exceeding 24 feet in width enclosed
on all sides by a wall or solid fence at least eight feet in height.be conducted within a building or within a yard The junkyard operation shall .residential street Localby the
use onto a from or channel a majority of the traffic generated points have vehicle accessUses shall not 115 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Industrial UsesSection 60.300.020E Specific Standards-Use 60.300.020Section
294 nt, orwill be retained as part of the site developme thatnatural buffers separating the site from surrounding residential uses are T if: Residential DistrictAgricultural and
nThis use shall only be approved in a rage of recreational vehicles are permitted.Exterior areas for the sto .dis prohibite and hazardous materials other, radioactive, or explosive
, corrosive,combustible torage of flammable liquidsS .industrial operationstransfer and storage operations), repair and maintenance activity, or any hire forshall be used for any
commercial activity (including Service Storage Facility-SelfN collector or local results in traffic passing through a residential area.ay of the and freeways) by w ,from the primary
street system (arterials, expresswaysUses shall not take access to any local or collector street where access to the site .residential street Localgenerated by the use onto a from
or channel a majority of the traffic points have vehicle accessUses shall not development related permit needed for the proposed excavation activity.documents shall be reviewed
prior to final action by the City on any The worksheets and Environmental Impact Statements. Environmental Assessment ,among other thingsmay include, Environmental Review Program
documents pplicant.aEnvironmental Review Program documents shall be prepared by the to be necessary, by the Community Development Director where determined and, below Environmental
Review Section 60.500.030D.1.aReview pursuant to A proposed excavation activity shall be subject to appropriate Environmental cross over the lot line.tops or other means so as not
to any required bufferyard area and controlled by bumper sStorage of materials, vehicles, and other equipment shall only be permitted outside of 10PM –6AM 10PM –6AM of Operation
sPermissible HourrictDist table below. If a district is not listed, then no hours of operation restrictions apply. uses may only operate during the times specified in the Repair and
Maintenance Shops 116 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Industrial Uses00.020ESection 60.3 Specific Standards-Use Section 60.300.020
295 zoning district11 PM where use is adjacent to a residential -- zoning district11 PM where use is adjacent to a residential -- zoning districte use is adjacent to a residential
11 PM wher -- of Operation sPermissible HourDistrict not listed, then no hours of operation restrictions apply. SSSF uses may only operate during the times specified in the table below.
If a district is spaces. nope and parks, streets, public visible all from screened are doors the unless space, open ,park street, public any facing unit storage any doors access
doors garage any have not Does and ;hallways interior from accessed units storage doors cess with only floors upper units storage controlled-climate with structure story-two a least
within a fully enclosed structure that:D districts all storage shall be contained -or MX G- theIf the facility is located in s materials is prohibited. other and hazardoucombustible,
corrosive, explosive, radioactive, or Storage of flammable liquids or manager dwelling.Accessory uses permitted include only outdoor vehicle storage and resident is required to
allow for emergency vehicle access.lot line feet from the nearest point of the building to the A minimum setback of stacking spaces must be provided between the card reader and
the lot line.Where access to the facility is provided by a card reader or otherwise controlled two over curb. d driveThe emergency access must consist of a gate anIn addition to
the main access one emergency access must be provided on the site. points of buildings.Drive aisles between structures must be a minimum of 18 feet between the nearest development
of residential uses on the site economically unfeasible.the site, such as shallow bedrock or poor subsoil conditions, make the district, and natural features of Residential-Nonhe property
abuts an existing T 117 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Industrial UsesSection 60.300.020E Specific Standards-Use Section 60.300.020
296 follows:surrounding area poles. Color criteria for poles shall be as The color and surface treatment of the replacement pole shall match the streetlight pole being replaced.The
mast arm length of a replacement pole shall match the existing than 35 feet. no more The mounting height of the luminaire on the streetlight pole shall be above the streetlight
luminaire itself.The wireless equipment is not permitted to protrude more than five feet e installation per pole on a first come, first served basis is permitted.Only on replacement
pole. withIn all cases, the existing pole shall be replaced the criteria set forth below. alone streetlight poles shall be subject to -small cell technology to stand usingequipment
s communications The installation or attachment of an antenna or other wireles ) in any zone district, unless specified otherwise:(CWTSServices Wireless Telecommunication CommercialThe
following regulations shall apply to all PM10 – of Operation sPermissible HourDistrict a district is not listed, then no hours of operation restrictions apply. imes specified in
the table below. If uses may only operate during the t Wholesale Facility .residential street Localgenerated by the use onto a from or channel a majority of the traffic points have
vehicle accessUses shall not way for backing movements.--the public right useneed to site to allow maneuvering of vehicles so as to preclude the -with the sufficient room ont loading
space to handle anticipated vehicles shall be provided, along stree-Sufficient off 118 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication,
and Energy UsesSection 60.300.020F Specific Standards-Use Section 60.300.020
297 way.--rightluminaire and related streetlight fixtures used to provide lighting to the City purpose of the pole shall remain as a pole structure supporting a streetlight When wireless
equipment is attached to a replacement pole, the primary the antenna.in located inside the pole except where such cables or wires attach to the ports All cables or wires for the attached
wireless equipment shall be inches off the pole. sixconcealed antennas and mounted no more than mount, and -mount, canister-mited to snugAntennas shall be li feet. fourpercent, not
to exceed existing pole by more than 60 percent, not to exceed eight inches total, or increase the height of the not increase the diameter of the existing pole that is replaced by
more than to the pole shall The replacement pole and the wireless equipment attached All other details in the City Street Light Design Standards shall apply. Engineer.All plans shall
be signed and sealed by a Professional Civil and Electrical knockdown.eplaced promptly in case of a the end of the project so that the pole can be rto the City at the applicantone
spare replacement pole shall be provided by For each individual pole type or style used to support the wireless equipment, pole.ment shall match the color of the replacement mounted
equip-All pole whenever possible. way --cabinets or power pedestals, shall be placed at the back of the rightAll ground based wireless equipment, including, but not limited to, equipment
sidewalk elevation.ent must be a minimum 10 feet from the All pole attached wireless equipm law or regulations. federalor ,a replacement pole, except to the extent required by local,
stateNo Company signs are permitted to be placed on a streetlight pole, including dark green –height feet and 25 feet e Area, 14Shoppes on Main (no paint)stainless steel finish
–height feet , 20D-T and MX-All districts except MX finishgalvanized or gray –height feet , 30D-T and MX-districts except the MXAll black finish –height feet , 30districts D-T
and MX-In the MX 119 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy UsesSection 60.300.020F Specific Standards-Use
Section 60.300.020
298 structure. Residential-Noned a permittshall only be permitted on concealed installation on an existing building 3 districts, -2x, and R-2, R-1, R-In the R vegetation, and nearby
residences.have the least adverse visual effect on the environment and its character, existing e and shall shall be the least visually and physically intrusive as possibl CWTSThe
technology. locations, shall use concealed-towers and public utility colocations of antennas on existing unconcealed -, excluding coCWTSproposed Any Information as to the specifications
of the structure, if available. height in front of the front yard of a residential home.in inches Evidence or documentation that the structure shall not exceed 36 r documentation
of the dimension of the structure.Evidence o .traffic coneuse an orange and/or proposed structure, mark the location with white tape, 45 degrees on either side of the proposed location.
Identify the location of the photographs of the proposed structure, one at 90 degrees, the other two at Three triangle compliance.-Verification of sight access and alley access.shall
not block trash truck structureas refuse containers or utility poles. The way --Evidence that the structure shall be placed on the same side of the right ering restrictions.technical/enginewithin
neighborhood. The site will be selected on the basis of aesthetics and City will provide documentation that identifies a potential site for replacement .regulations and this UDCcompliance
with applicable City e will comply or be in in height, given its proposed location, the structur inches ground structure is over 36-Evidence or documentation that, where the above
must be accompanied by the following information: inches ions to place or install above ground structure greater than 24All permit applicat and serve any one pole site.No more than
one equipment cabinet and/or power pedestal shall be located at family dwelling.-singlee existing or planned primary use is a a minimum of 15 feet from lots where thconditioning shall
be enclosed by walls and setback -Equipment cabinets with air standards of the underlying zoning district.Equipment cabinet locations shall comply with the height and development
120 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy UsesSection 60.300.020F Specific Standards-Use Section 60.300.020
299 .CWTS support the proposedmeets the minimum engineering requirements and/or lacks available space to That no existing tower, structure, or public utility structure within a ½ mile
radius owing:foll supporting exhibits submitted by the applicant addressing all of theshall consist of an affidavit with CWTSreasonably accommodate the proposed location cannot be
used in lieu of new construction to -location or public utility co-demonstrates that co . Evidence thatCWTS accommodate the applicant’s proposed structure, or public utility structure
can be used in lieu of new construction to Director determines, upon the applicant’s demonstration, that no existing tower, Community Development wed unless theshall be allo CWTSNo
new freestanding .CWTS cell-freestanding small. This requirement does not apply to CWTS, as measured from the wall or fence of each freestanding CWTSfreestanding shall be located
a minimum of 1,000 feet from any other standing CWTS New free Within any setback required by the underlying zone district. .way--rightWithin 50 feet of an existing Within 100 feet
of the property line of any Residential zone district. locations: prohibited in the following CWTS isreestanding A f CWTS may exceed the existing structure height by 10 feet.fully
screened from view from all streets abutting the property, in which case the acilities on Existing Structures: No taller than the existing structure, unless Stealth F feet. : 65CWTS
Freestanding feet. tower or existing structure: 75 CWTSlocations on any existing unconcealed - telecommunications services.administered so as to have the effect of prohibiting the
provision of wireless hall not be law, these concealment requirements s federalConsistent with .CWTSnot readily visible or identifiable as a that it isLocated so .CWTS structures
provide the greatest amount of screening of theere the existing topography, vegetation, buildings, or other Located in areas wh structures to the maximum extent practicable.Located
on existing vertical structures, including utility poles and public utility shape. considering height, color, style, massing, placement, design, andhe built and natural environment,
blend in with the nature and character of tAesthetically integrated with existing buildings, structures, and landscaping to is: determines that the facilityDirector Community Developmentis
considered concealed if the CWTS 121 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy UsesSection 60.300.020F Specific
Standards-Use Section 60.300.020
300 agency. ederalftate or sagency, and any other as established by the Federal Communications Commission or any successor of that lectromagnetic field emissions shall meet health and
safety standards for e CWTSEvery any successor of that agency, regarding physical and electromagnetic interference.shall meet the regulations of the Federal Communications Commission,
or CWTSEvery occurs.The facility owner shall notify the City when removal of the facility preconstruction condition. site, the site shall be returned to its CWTSIf there is no
vegetation on a vegetation. the site shall be revegetated to blend with the existing surrounding Upon removal, months. threeowner within the following CWTSconsecutive months shall
be removed by the threenot in use for isthat Any CWTS .permitted law isfederal or tate s Only signage required by roperty in any Residential zone district.lamberts measured from
any private psite luminance greater than 200 foot -at any point and shall not have an offsite luminance greater than 1,000 foot lamberts -The lighting shall not have an off use. way
or any lot containing a residential--public rightshine directly on any off angle of the light fixture shall be such that it does not -The location and cut met: conditions areprovided
all of the following however additional lighting is permitted ,permittedagency is ederalfand/or ate ing required by aOnly security lighting or light prices. exceed commercially
reasonablesuch owners are requiring payments for such placement that substantially on that facility, or CWTSthe ½ mile radius will not allow the applicant to place its ithin That the
owners of existing towers, structures, or public utility structures w unsuitable. public utility structures within the ½ mile radiusThat there are other limiting factors that render
existing towers, structures, or .CWTS applicant’s proposed h the towers, structures, or public utility structures would cause interference wittowers, structures or public utility
structures, or the antenna(s) on the existing unavoidable electromagnetic interference with the antenna(s) on the existing would cause CWTSlocation of the propose-location or public
utility co-That co 2 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy UsesSection 60.300.020F Specific Standards-Use
Section 60.300.020
301 ystem.connected to the electrical utility sThe property owner shall notify the electrical utility where the solar system is building and electrical codes. stateity and CAll systems
shall comply with all possible.be buried below the surface of the ground when All exterior electrical lines shall sidewalks. Equipment and screening materials shall not block
pedestrian pathways and material. equipment with opaquelly screens the , or decorative feature that fucabinetequipment nlimited to aEquipment shall be screened by a wall, fence, or
other method including but not requirements: above, but must comply with the followingand Subsections s are not subject to the landscaping requirements in CWTScell -Freestanding small
.screen ground equipment facilities from public viewshall include vegetation that is planted and maintained to CWTSsAll freestanding high. nine feetfeet and not more than shall
be surrounded by an opaque wall or fence at least six CWTSsAll freestanding changes” to existing facilities, as those terms are defined in the Act.Telecom Facilities that do not
propose “substantial facilities” and treatment of including without limitation processing of applications for approval of “eligible courts), federalJob Creation Act (2012) (as amended
and interpreted by the Telecommunications Act and Middle Class Tax Relief and Federaly the required bas CWTSlocation of -be interpreted to prevent a coNo provision of this UDC shall
high. inches deep, at least 10 feet and no more than 20 feetfeet by 18 inet(s) shall be not more than three feet by fourhe equipment cabT re and its surroundings.intrusive manner,
to blend in with the existing structushall be done in the least visibly but ,Stealth Design (Concealment) Required subject to the criteria set forth below. alone streetlight poles
shall be -small cell technology to stand usingequipment The installation or attachment of an antenna or other wireless communications .Section 60.300.020F.1.airequirements locations
are not subject to the concealment -facility. Otherwise, such coealed nature of the shall maintain the conc CWTSlocation on a concealed - are encouraged. locations- 123 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy UsSection 60.300.020F Specific Standards-Use Section 60.300.020
302 approvals.Utility uses required in connection with a Major Utility use do not require additional Be considered in determining the maximum coverage of structures on the lot.
e visible from an abutting property; andBe located so as to minimize glar Not exceed 25 feet in height when oriented at maximum tilt; zoning district. Residential-Nonor Mixed Use
district, and at least 15 feet from any property line if adjacent to any property line abutting a residential zoning Be set back at least 25 feet from mounted solar collectors shall:-Principal
ground line but shall not extend closer than four feet to a side lot line.of a minimum yard or setback that is required along a side lot percent of the depth If mounted to the wall
of a building, may extend into or over no more than 33 one foot from the edge of the roof closest to the front lot line; andthe building, shall be mounted so that the edge of the
device is set back at least of If mounted to a portion of the roof ending at, or extending over, the front façade zoning district in which it is located;Not extend more than 18 inches
above the maximum height permitted in the shall: mounted solar -Accessory building Be included in determining the maximum coverage of structures on the lot. Not exceed 15 feet in
height with panels oriented in a vertical position; and Be located so as to minimize glare visible from abutting properties; easement; Not be located within an Be set back at least
six feet from the side and rear property line; only;setback Be located in a side or rear yard shall: ollectorscolar sounted m-roundAccessory g month period.-of the 12 endmount and
associated equipment and facilities by no later than 90 days after the more than 12 consecutive months, the property owner shall remove the collector, If the solar collector system
ceases to perform its originally intended function for 124 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Utility, Communication, and Energy UsesSection
60.300.020F Specific Standards-Use Section 60.300.020
303 2x districts.-2, and R-R1, -in the R WECS is permissible per development site mounted-groundNo more than one any power line.ch within 10 feet from No components of a WECS shall
be located within or encroa 5 wetlands, and flood control reservoirs. -lands, Types 3of Natural Resources Department wildlife management areas, other Minnesota state e than 100 feet
shall not be located within 600 feet of anyheight of mormounted WECS with blades that spin on a horizontal axis and with a -Each ground district in which the project is located.for
the zoning ssetbackrequired primary building the comply with WECS shall res that are part of the structuaccessory and other ,Substations, facility buildings property line in any
operational position.The blades of a WECS placed on a primary building shall not extend beyond the the WECS. 1.1 times the total final height of each property line at leastshall
be set back from process, the WECS Variance ASection 60.500.070Cadditional height through the attached to a primary or accessory structure receives approval for CS If a WE for the
primary or accessory structure in the zoning district where it is located. maximum height in the applicable zoning district shall meet the minimum setback A WECS that is placed on a
primary or accessory structure and does not exceed the dwelling unit at least 1.1 times the total height of the WECsite -mounted Small Utility WECS shall be set back from each on-Each
ground application at least 1.1 times the total height of the WECS. l be set back from each project site boundary shown in the abutting properties shalmounted WECS located on a project
site that contains two or more -A ground property line at least 1.1 times the total height of the WECS.mounted WECS located on a single lot shall be set back from each -A ground
.five feet by more than zoning districtWECS may not exceed the height permitted in the applicable Mounted -Building .zoning districtnot exceed the height permitted in the applicable
shall Mounted WECS -Ground 125 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota y, Communication, and Energy UsesUtilitSection 60.300.020F Specific Standards-Use
Section 60.300.020
304 .etbacks may encroach 20 percent into the minimum rear yardstructure or building primaryGarages or accessory structures that are attached to and an integral part of the area.structure
or building shall be located in the buildable primaryan integral part of thUnless otherwise permitted, garages or accessory structures that are attached to and the side setback
required for the primary structure on the lot.half of -o any side lot line than onerecreational vehicles shall be located closer taccessed parking for vehicles or -No accessory building
that provides street and No accessory structure may be located within five feet of an alley; Subsection a above: in addition toThe following are prohibited by Subsection b below.any
side or rear lot line, and not in any area where the building or structure is be located in a side or rear yard area, but not closer than 18 inches of use mustcessory to a residential
tures acDetached garages, accessory buildings, and struc .sistrictdResidential Agricultural and all structures in accessory and ,garages, accessory buildingsdetached The following
general regulations apply to accessory.structure to which it is use or primaryof the substantial completion of construction of the structure shall be constructed or established on
any lot prior to the time use or No accessory .UDChis for within tbuilding, basement or cellar shall at any time be used as a dwelling, except as provided Inadequate Dwelling Facilities:
No garage, tent, trailer, recreational vehicle, accessory .this UDCall applicable provisions of compliance with tablishesthat eshas been issued CertificateZoning No accessory use
or structure shall be established or constructed unless a an exception is provided elsewhere in this UDC. unlessstandards comply with the following shall s shown in the Allowed Uses
Table All accessory use 126 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota es and StructuresAccessory UsSection 60.300.020G Specific Standards-Use Section
60.300.020
305 unit. principal dwellinghe ownership of the may have ownership different from t, and no portion of a structure containing an accessory dwelling unit dwelling unitprincipal subdivided
from or legally described differently than the lot containing the which an accessory dwelling unit is located may be No portion of a lot on floor area.square feet of gross 1,000ot
contain more than n An accessory dwelling unit must dwelling unit must be the primary permanent residence of the owner of the lot.the lot, either the principal dwelling unit or the
accessory principal dwelling unit on If the accessory dwelling unit is located in a district that only allows a single There shall be no more than one accessory dwelling unit on a
lot. .coverage computationthe lot are exempt from in floor ar under 200 square feet tructuresS for the district.or structure located on the same lot or site shall not exceed the
permitted lot coverage building primaryThe combined lot coverage of accessory buildings or structures and the ection.in this Sunless provided for building primarydistrict shall
exceed the height of the Residential-NonNo accessory building in a on the lot. provision of required landscapingbuilding on the lot and shall not interfere with primarysetback requirements
for the all shall meet residential use-nonAccessory buildings and structures associated with a by the Building Code.structures shall be as required primarySeparation of accessory
structures from e or rear lot line.18 inches of a sidA roof may not extend beyond the wall more than six inches where located within unless otherwise provided by an exception in
this UDC.zoning districtnot exceed the maximum floor area ratio, if any, for the applicable shall on a lot ng and accessory buildi primaryThe sum of the individual gross floor area
of each primary structure. Detached accessory buildings or structures shall not exceed the size of the occupy no more than 15% of the lot area. structure shall If any part of the
accessory structure is located in the side yard, the accessory .area setback more than 35 percent of the rear yard, accessory structures shall occupy no setback When located in the
rear yard 127 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota sAccessory Uses and StructureSection 60.300.020G Specific Standards-Use Section 60.300.020
306 same side of the street. Distances between billboards shall be measured along the No billboard shall be located within 1,000 feet of another billboard located on the standards:992,
shall comply with the following spacing All billboards erected after December 22, 1 .are typically raised for sale or profit are only permitted in the AG districtHorses, llamas, and
animals that typically weigh more than 100 pounds when mature or that width. pedestrian pathway of at least three feet inpaved way --adjacent rightclosest The accessory dwelling
unit shall be connected to the on the lot. principal dwelling unitshall be compatible with that of the ssing, roof shape, and exterior appearance, including but not limited to The
architectural style of the accessory dwelling unit line. , and may be no closer than 10 feet to an alley or the rear lot principal dwelling unitdetached accessory dwelling unit must
meet the same side setbacks as the The Code., or the minimum separation distance as required by Building principal dwellingshall be located no closer than 6 feet to the dwelling
unitThe detached accessory yard. or side Detached accessory dwelling units shall only be located in the rear on the lot. dwelling unitprincipal An attached accessory dwelling
unit must meet the same setbacks as the .principal dwellingthe accessory dwelling unit located on the front façade of the ance to window style, and roof design and pitch, and shall
not have a primary entrsuch as similar façade materials, façade colors, dwellingelements of the principal appearance, and character of the principal dwelling by incorporating design
ctural design, style, dwelling unit shall maintain the architeaccessory An attached dwelling units.may not be used as accessory and storage containers Recreational vehicles 128
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific Standards-Use Section 60.300.020
307 Road). Street NW from Trunk Highway 52 easterly to County Road 133 (West River th Street NW; and th nk Highway 63 at 37northerly and westerly to TruCounty State Aid Highway 22
from Trunk Highway 14 at the University Center Street NW, th northerly to Trunk Highway 52 at 55County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and ghways
within the City:portions of the following streets and hiNo billboard shall be located within 300 feet of and oriented toward the following in Figure 1e.way to the closest point on
any boundary of the Residential district as shown --righted from the nearest edge of the Residential district. This distance shall be measurNo billboard shall be located within 250
feet of a boundary of an Agricultural and way as the Place of Worship, School, or Medical Facility.--opposite side of the rights located on the same side or the oriented, regardless
of whether the billboard iway where a billboard is --Medical Facility properties that abut the same rightshown in Figure 1d. This restriction only applies to Place of Worship, School,
or ship, School, or Medical Facility property as any boundary line of the Place of Worbillboard to the Place of Worship, School, or Medical Facility to the closest point on Medical
Facility. This distance shall be measured from the nearest edge of the ed within 300 feet of a Place of Worship, School, or No billboard shall be locat railroad intersection to the
nearest edge of the billboard as shown in Figure 1c.-streetway. The distance shall be measured from the center point of the --railroad righted within 200 feet of the intersection of
a street and a No billboard shall be locat way of two or more streets or highways as shown in Figure 1b.--rightsNo billboard shall be located within a 100 foot radius from the intersection
of the shown in Figure 1a.street or highway where the billboard is directed as way line of the --adjacent right 129 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Accessory Uses and StructuresSection 60.300.020G Specific Standards-Use Section 60.300.020
308 Figure 1c Figure 1b Figure 1a 130 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific Standards-Use
Section 60.300.020
309 Figure 1e Figure 1d St./Collegeview Rd. th St., or SE 4 nd S. Broadway, SW. 2 onto, driveway approachwith a a lot(s) be located on from, or Be accessed directly that street;
andof the primary building facing façadepublic or private street and any portion of any in facility pass between any -gned so that vehicles using the driveBe located or desi shall
not: sDistrict-and MX T-in facilities in the -Drive advertising of business or products is maintained.condition they are operated primarily for the patrons of the facility and no outdoor
the Incidental commercial facilities, such as refreshment stands, are permitted subject to way or adjacent residential properties.--any public rightare visible from The development
shall be designed so that no ground level light sources ichever is greater.linethe adjacent property or the existing ambient noise level as measured at the property does not exceed
the maximum decibel level permitted in the zoning district applicable to speakers shall be designed so that the noise level at the property line Devices such as through. -up through
the drive-materials are offered for sale and pickWaste receptacles shall be provided at all exits where readily disposable goods or .lineshall be setback at least 30 feet from any
other property and ed to control dustsurfac-for vehicle circulation and parking shall be hard usedThat portion of the site area 131 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific Standards-Use Section 60.300.020
310 Ordinances.except as otherwise provided by any provision of the Rochester Code of ,animalskeeping of fowl or farm ding of animals or oarNo Home Occupation may involve the b .Home
Occupationbe engaged in the mayemployee only one outside ther than a member of the family residing in the dwelling unit, O .a separate entrance and shall not include features not
normally found in dwellingson not involve internal or external alterations or constructi shallHome Occupation The .square feet, whichever is less 1,000dwelling unit or of the livable
area of the percent shall not occupy more than 25Home Occupation The or tennis courts.imming pools recreational facilities such as swusing structure on the lot, except for uses
or , dwelling unit,of an accessory buildingThe Home Occupation may not involve the use .are met standardshe following tions require Staff approval and may only be approved if tAll
Home Occupa .percent of the propertyfeet, shall be located at least 10 feet from any lot line, and may not cover more than 25 are limited to a maximum height of 15 , greenhouses sistrictdResidentia
l Agricultural and In backfoot minimum set must maintain a , which face the front property line,dwelling unit aGarages attached to with installation of all required landscaping
on the lot.on and size of detached garages for residential uses shall not interfere The locati determine lot coverage by buildings, structures, and paved surfaces. Detached garages
for residential uses shall be included in the calculations to calculation excluded from the floor area ratioetached garages for residential uses shall be d Unless stated otherwise
in this UDC, with a fence.or other plant materials in association ,adjacent properties with low hedges, evergreens, subject also to the fire protection regulations, and shall be
screened from setback quired rear yardSuch fuel tanks shall be located in the buildable area of the lot or the re on site structures. An accessory fuel tank may be permitted in any
zoning district for the purpose of heating 132 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific
Standards-Use Section 60.300.020
311 -the Rochester Code of Ordinances, Chapter 9pursuant to way --located on public property or rightsuses A permit is required for all pedestrians.by for passageunobstructed t
remain A minimum of five feet of sidewalk width mus Trash disposal and electricity must be provided from within the establishment. Sidewalks shall be swept and washed daily by the
permit holder. .way--in the public right ent shall not be permanently installedStructures and equipm .or circulation traveldesignated for vehicular a street No sale or service shall
be permitted in any portion of standards:shall comply with the following way--Outdoor eating areas located on a public right .ingMultifamily Dwellsquare feet of signage permitted
for the than two square feet in size, and there shall be no more than a cumulative total of 12 shall be no greater Multifamily Dwelling Each individual home occupation sign within a
uare feet is permitted.not exceeding 12 , one signzoning district Residential-Nona lot that directly abuts a except on a lot that has public road frontage along a collector or higher
level street or on 4 districts, one sign not exceeding four square feet shall be permitted, -3 and R-In the R is permitted. , and attached to the front of the dwelling,square feet
of display area2 districts, one small, unlighted professional sign, not exceeding two -1 and R-In the R .business, or locationmay not be transferred to another person, named in the
application, andthe location is valid for only the person, the business, and Home Occupation ny permit approving a A .with a gross vehicle weight of over 10,000 poundsor other truck
delivery truckll not be a dump truck, wrecker, or fuel oil stopped on the premises, and such vehicle shashall be stored or Home Occupation Only one vehicle used in connection with the
.detrimental effect on the capacity of streets in the areaay be generated shall not be of such magnitude as to have a significant raffic that mT incidental to a permitted commercial
service.articles are therticles made or originating on the premises shall be sold, unless Only a unit are permitted.is visible from outside the dwelling thator services ,d no display
of products, goodsHome Occupation No exterior storage of equipment or materials in connection with the receiver located off the premises.visual or audible interference on any radio
or television those that createincluding rical interference detectable off the premises, vibration, glare, fumes, odors, or electcreates noise, thatmechanical equipment or process
Home Occupation may use a No 133 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific Standards-Use
Section 60.300.020
312 identification purposes. One freestanding sign not to exceed six square feet in size shall be permitted for of other dwelling units in the development. , leasing, or managementsalesoffice
for management of the development or as a headquarters for devoted to use as anne dwelling unit may be or manufactured housing development, o multifamilyIn any building or detached
from it. primaryThe residence may be either an integral part of the he purpose of security.use for tis permitted for any commercial or industrial security guardaretaker of cesidence
for r this requirement and may be open to the public on a fee or other basis.District, such facilities are exempt from 4-use and their guests. When provided in the R primaryThe facility
shall be operated only for the residents, employees, or guests of the structure or 4,000 square feet, whichever is less.5 percent of the gross floor area of all the dwelling units
in that not be greater than 2shall Multifamily Dwelling The gross floor area of all retail and service facilities within a height of structure.Each recycling drop box shall be setback
from all property lines a distance equal to the yard.visibility area or a required bufferA recycling drop box may be located anywhere on a lot except in a required traffic .an
accessory dwelling unitas or residential zoning districtot be used as permanent accessory structures within any Recreational vehicles may n license in order to be stored outside upon
a property within a residential zoning district.require licensing must have a valid current thatRecreational vehicles or equipment or the paved area of the street. ,where presenturbfrom
the back of the cfeet back a minimum of be parked on an established driveway, provided they are setRecreational vehicles and equipment over 18 feet in length, or seven feet in height
may Dimensional Standards. General Section 60.400.020E meeting the provisions ofrequired front or side yard equipment under 18 feet in length, may be parked on an established driveway
in a Recreational vehicles under 18 feet in length and seven feet in height, or recreational rear yard. permitted at all times within an enclosed building or within the areParking
and storage 2x districts only one RV may be stored on a lot.-2, and R-1, R-n the RI .permitted subject to the following restrictionsvehicle and recreational equipment on a lot is
The parking and storage of recreational 134 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific
Standards-Use Section 60.300.020
313 resistant. -enclosed at ground level to be rodentCompost piles shall not exceed six feet in height. Refuse and compost area shall be Agricultural use.ot part of the contiguous
land in the Urban onto adjacent property that is nThe site drainage and maintenance shall prevent water and fertilizer from draining produce grown on that site.Retail sales shall
be prohibited on the Urban Agriculture site, except for the sale of se.least 10 feet from any abutting lot with an occupied residential uCold frames are limited to a maximum height
of 12 feet and shall be located at of the property.located at least 10 feet from any lot line, and may not cover more than 25 percent , shall be Greenhouses and hoop houses are limited
to a maximum height of 15 feet Urban Agriculture uses must comply with the Rochester Code of Ordinances Title 3. limiting lot coverage.regulations Enclosed pools and courts shall
be considered as structures for purposes of being attended.stated in this Section. The ladder must be removed or retracted when the pool is not type ladder, a retractable ladder, a
removable ladder or shall be fenced in as retractableFor an above ground swimming pool, the pool shall be equipped with an automatically used in lieu of fencing requirements.ground
pool, a mechanically controlled cover can be -children to the pool area. For an inectively controls the entrance by located shall be enclosed by a fence of a type that effground or
surface swimming pool, the pool or the property where the pool is -For an in line.Pump and filter installations for pools shall not be closer than 20 feet to any property e of the
property. not be closer than 10 feet to any property linlocated in any required front or required side yard and shall The pool or court shall not be .occupation allowed as a permitted
homeol or court shall not be operated as a business or private club, except when The po .unless it complies with the following requirements Residential DistrictAgricultural and No
swimming pool or tennis court shall be allowed in any treet parking equal to that required for office uses shall be provided.s-Off 135 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Accessory Uses and StructuresSection 60.300.020G Specific Standards-Use Section 60.300.020
314 .lessor 45 daysof a period for nly permittedSeasonal sales are o way.--Sale areas shall be set back a minimum of 20 feet from any right .exceed three consecutive calendar
days and each sale may notsales per calendar year at any one property to no more than three Garage sales are limited 21 is required.-Chapter 5Compliance with the Rochester Code of
Ordinances 10PM -- 10PM -- of Operation sPermissible HourDistrict listed, then no hours of operation restrictions apply. below. If a district is notmay only operate during the times
specified in the table s and Yards Contractor’s Office .residential street Localby the use onto a from or channel a majority of the traffic generated points ccesshave vehicle ahall
not S .be removed upon completion of the construction projectThe office or shed shall not contain sleeping or cooking accommodations and shall l to a construction project. is incidenta
Permitted in any district where participants that are less than two daysis limited to events of 200 or fewer , the permitsistrictdResidential Agricultural and In centers, and
schools.ty , communiplaces of worshipprimary uses such as Residential-Nonay occur on M .line00 feet of any residential property 1within located No structure or equipment shall be
between sunset and sunrise. nerators may occur No outdoor work activity that involves power equipment or ge 136 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Temporary Permits: Section 60.300.020H Specific Standards-Use Section 60.300.020
315 way by at least 25 feet. --They shall be set back from each public right that:Storage containers may be located within the buildable area of a lot, provided .60.400.090Section
ecified inas sp standardsExterior Storage Storage containers must meet incidental to the permitted use located on the same lot. Container storage of merchandise is permitted only
when applicable zoning district.storage or display in the districts for those use categories that permit exterior G, LI, and SI -Storage containers are a permitted accessory use only
within the MX velopment Plan review and Zoning Certificate is required for this use.A Site De Commercial Services in the LI and SI districts. This primary use of land shall comply
with all standards applicable to Heavy located adjacent to loading docks of a primary structure.and are temporarily that are actively being used for the transportation of merchandise
trailers -following requirements. These standards do not apply to truck trailers or semimeet the Residential Districts must -in Mixed Use and Nonontainer storage area C square feet
of sign area. Be an earth tone color and may have an identification sign with no more than two residential dwellings are located across the street. least 50 feet from each property
line abutting a street when Be set back at Be set back at least 25 feet from each public street. lot. zon residentiallyBe set back at least 50 feet from each property line abutting
a period not to exceed six months per year.containing a Park, School, Place of Worship, and for a Only be permitted on site shall:in Agricultural and Residential Districts All storage
containers No storage container may be used for temporary or permanent human occupancy. roved Site Development Plan.storage container is already shown on an appand a Zoning Certificate
has been issued, unless the completedreview has been No storage container shall be located on a lot before a Site Development Plan 137 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Temporary Permits: Section 60.300.020H sSpecific Standard-Use Section 60.300.020
316 Storage Containers may not be located at an individual property for longer than: Storage containers shall not be stacked vertically. No object may be stacked or stored on top
of a storage container. the units to be moveable.The area used to park the storage containers shall be located on a lot that allows ious materials.contagwaste or hazardous, flammable,
explosive, corrosive, or biologically infectious or Storage containers may not be used to store mixed municipal waste or other solid Storage containers shall not be connected to utility
services. .ageExterior Stor ,Section 60.400.090by regulated by the district, and containers and the containers are located within the exterior storage area as ge Retail or Heavy Commercial
Services use proposes to use storage where a Larshall be 10 feet in height. The gate shall be securable. A wall will not be required primary structure, and a gate that blocks the view
of the storage area. The wall by a solid wall made of the same material and the same appearance as the losed G and LI districts, the storage container shall be completely enc-In the
MX use.be required to provide a bufferyard as required for a Heavy Commercial Services G, LI, and SI districts, the area designated for storage containers shall -In the MX .Exterior
Storage ,Section 60.400.090by the district and by storage area and must be calculated as part of the exterior storage area as regulated containers shall be located within the permitted
exterior storage containers, theis less. Where Large Retail use or a Heavy Commercial Services Use proposes to use dimensions of the primary structure or 10 percent of the gross floor
area, whichever rty designated for storage containers shall not exceed the outer The area on a propefloor area and all related calculations including floor area ratio and landscape
area. The area of a lot designated for storage containers shall be included as a part of the grade. half feet above the finished -nine and one The maximum height permitted shall be
They shall not be located on utility or drainage easements. the front or side street lot line and the primary structure or building. e area shall not be located on any part of a
yard between The container storag 138 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Temporary Permits: Section 60.300.020H Specific Standards-Use Section
60.300.020
317 or stored on top of the storage container. No materials may be stacked storage containers.No solid or hazardous waste or hazardous material is permitted in or around the pedestrians
entering or exiting the site.The placement of the container shall not block the visibility for vehicles or tion.vehicles, delivery, or other vehicle circulaparking zones or restrict
emergency -may not block fire lanes, no tainersStorage con primary building.for the new or expanded the issuance of the last certificate of occupancy or usexisting primary building
and of new primary building or a major addition to an eThe time period between the issuance of the first building permit for construction Residential primary use in a Mixed Use district;
or-property with a Nonocated in a special purpose zone district or on a 90 days if the property is l with a residential primary use in a Mixed Use district;14 days if the property
is located in a residential zone district or on a property 139 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Temporary Permits: Section 60.300.020H
Specific Standards-Use Section 60.300.020
318 esY esY esY esY esY 60.400.110Section No No 60.400.100Section No No 60.400.090Section No No 60.400.080Section casesIn some esY esY No No 60.400.070Section esY
esY esY oN oN 60.400.060Section oN esY esY esY esY 0.400.0506Section oN esY esY esY esY 60.400.040Section oN oN oN No esY esY 60.400.030Section esY esY esY casesIn some esY
esY 60.400.020Section .Applicability of Development Standards 1-400.01Table developments and changes of uses as stated in newapplies to Chapter 60.400This .s Comprehensive Plan
Rochester’ sustainable, equitable, and livable community laid out a more attractive, the vision implementproperties, public streets, neighborhoods, and the natural environment, to
or abutting adjacentand he physical relationship between developmentThese standards address t .within RochesterThis Chapter includes standards that regulate the physical layout and
design of development Section 60.400.010 140 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.010A Introduction and Applicability
Section 60.400.010
319 Long Official Map or on the way width as shown on an adopted --the planned rightway width of an adjacent street is not consistent with --lots where the existing right .PlanDevelopment
for private or common space on an approved areas designated required setback may not be located in a The principal building or principal use on a lot provided to each building
in the future.tern may be subdivision of the site so that adequate access by way of easement or lot patThe site design of the development shall take into account the potential for future
be provided.e access to each building or structure for Emergency Vehicles and apparatus shall Adequat can be reasonably applied.appearance and bufferyard standards where different
has a separately defined area on the lot building development is designed such that each shall be applicable to the entire development unless the standards nd bufferyard athe most restrictive
appearance ,lot single on aare developed Where two or more buildings .is located developmentdistrict where the zoning The floor area shall not exceed the highest maximum floor area
ratio applicable in the .a residential primary usenone of those buildings include , and lot single is proposed on abuilding The following requirements apply when more than one ections
of this UDC.Sor in other Protection Standards NeighborhoodSection 60.400.020FIncentivesSection 60.400.120 ,DistrictsOverlay 60.200.040Section found inbe se dimensional standards may
Modifications of the .modifies these standards UDC another provision of thisunless ,Section 60.400.020with this All development shall comply UDC. of the lot and building standards
in thismeasurements for interpretation and enforcement is intended to provide dimensional standards and uniform methods of Section 60.400.020This Section 60.400.020 o development.City
if a Subdivision or Site Plan Development approval will be required prior trequired for Comprehensive Plan amendments initiated by a party other than the standards in this Chapter
is Review of \[1\] 141 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.020A Dimensional Standards Section 60.400.020
320 structure.The orientation of the primary windows required by the Building Code or the s primary entrances.’The location of the structure following design features:designate a
front lot line by reference to the shall Community Development Director On a flag lot or a lot with no frontage, the width standards shall be designated as the front lot line.to meeting
lot requirements, the street frontage that comes closestmeet those If the lot is subject to lot width standards, and one or both street frontages do not Subsection 2) below. , except
as noted in (s)frontages shall be designated as side street lot line streetand all other ,frontage as the front lot linestreet one he owner shall designate T :On a corner lot setback.
and a front yard line established at a distance equal to the required front yard or provided on a lot or site between the front lot line shall be The minimum front setback t is above
or below grade.exterior surface of the building regardless of whether iFor earth sheltered and earth bermed buildings, yards shall be measured from the way lines shown in the General
Development Plan.--the future rightshall be measured from the required front setbackapproved General Development Planlots where all adjacent streets have not yet been platted but are
shown in an official map. PlanLong Range Transportation or the Official Map way line of such street as designated on --measured from the right shall beback , the required front
setRange Transportation Plan 142 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Application of SetbacksSection 60.400.020D Dimensional Standards Section
60.400.020
321 uired setback distance. is parallel to the front lot line at the req thatine A l or ;yard80 percent of the required front that ispoint is closer to the front lot line than a
distance at no located as close as possible to the curved front lot line, but thattraight line A s : shallsac or curvilinear street, the front yard setback --On lots fronting a cul
shall be considered a side street yard.limited access roadway, one side shall be considered a front yard and the remaining side cess roadway or In the case where a building is bounded
on two or more sides by an ac ; orthe drivewayIn the case of a common driveway, the lot line if one is established or the centerline of surface;limited access roadway, a line established
at the edge of the roadway In the case of a private street, at least 20 feet;For any portion of the façade occupied by a garage or carport accessed from the or ne foot for every
five feet of roadway surface width;O Seven feet (to accommodate snow storage); the greater of:equal to roadway edge of thefrom the In the case of an access roadway, a line parallel
to the edge of the roadway at a distance the development, the front lot line shall be:private roadways to provide access to individual buildings within uses here a developmentW
In no instance shall a setback greater than that established for the district be required. yards.line intersecting the midpoint of the curve shall be deemed the boundary between the
create a continuous curve, a radial On corner lots where potential front and side lot lines extending from the front yard line to the rear yard line. andsetback and a side yard line
established at a distance equal to the required side yard or ed on a lot or site, between all side lot lines The minimum side yard or setback is provid at the building line., when
connected, create a line equal in width to the minimum width thatto intersect) and intersecting lot line were extended -nonequidistant from the apex (or imaginary apex if are thate)
would intersect if extended to form a true triangl thatintersecting lot lines (or shaped lot, the rear yard line is established by points located on the -On a triangular rear yard
line established at a distance equal to the required rear yard or setback. aprovided on a lot or site between the rear lot line and shall be The minimum rear setback 143 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Application of SetbacksSection 60.400.020D Dimensional Standards Section 60.400.020
322 1-400.02Table in The dimensional standards in Tables UDC or another adopted City regulation. unless otherwise stated in this DistrictsZoning esidentialR-Non 3-400.02Table , and
DistrictsMixed Use Zoning 2-400.02Table DistrictsAgricultural and Residential Zoning 1-400.02Table All development shall comply with the standards in districts. Residential-Non,
and U ixedMesidential, Rgricultural and A The following tables establish the dimensional standards for way line.--feet from the right threerequired yard or, in the case of a rear yard,
closer than inimum the distance of the m halfbuilding or structure being erected closer to the alley than result in a not requirement, but shallsetback counted towards meeting the
side or rear yard half of the width of the alley may be -ear yard on a lot abuts an alley, oneWhen a side yard or r .applicabledepth, as yard side half of the minimum required rear-one
not exceed reduction shallbut the lot is located, where thelot size in the district required to the minimum bears lot size al the actu thatame ratio by the syard may be reduced and
side depth of the minimum rear, the minimum lot size or dimensional standards for the zoning district in which it is locatedthat does not meet the 1, 1992 Januaryas of existence ial
lot of record in On any resident considered the front lot line. The opposite frontage shall be treated as a side street lot line.the primary windows and entrances shall be closest
to the lot line ,On through lots 144 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota General Dimensional StandardsSection 60.400.020E Dimensional Standards
Section 60.400.020
323 .Sacs-de- ,Section 60.400.040C.3.f sacs must also comply with-de-Lots on cul3\[ .district shall be provided2 -1 or R-Requal in width to the front yard required in the adjacent
setback at least 2 district-1 or R-a side lot line of a lot in the Rabutting lot shall be provided. On any lot where a street side setback abuts half the width to the front yard setback
on the -setback within 25 of the abutting side lot line, a setback at least equal to one2 district, the street side -1 or R-her than and RotOn any lot where a street side setback abuts
a side lot line in any district 2\[ .common lot line and the street side yard lineA lot that has a street side yard within 25 feet of a front yard on an adjacent lot shall be set back
25 feet from the \[1\] %52 %35 %04 %50 None None None 0 feet8 None None None None None None None None 25 25 \]615 \[ \]615 \[ \]615 \[ 45 48 35 35 35 6 6 6 6 6 6 15 25 20 10 02
52 None 16 12 01 21 16 10 6 6 0 5 6 7 12 10 11 12 12 15 02 20 15 15 02 60 feet 30 feet feet 30 0 feet3 60 feet 60 feet 6,000 sq. ft. 3,500 sq. ft. 2,000 sq. ft. q. ft.3,000 s 5,000
sq. ft. 35 acres of this UDC. or by other provisions Protection Standards NeighborhoodSection 60.400.020FIncentivesn 60.400.120Sectio ,DistrictsOverlay 60.200.040Section may be modified
by standards in DistrictsZoning esidentialR-Non 3-400.02Table , and DistrictsMixed Use Zoning 2-400.02Table DistrictsAgricultural and Residential Zoning 145 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota andardsGeneral Dimensional StSection 60.400.020E Dimensional Standards Section 60.400.020
324 oriented spaces in the front setback area.-and requirements for the creation of pedestrian ,setbacksmaximum building , heightminimum building contains additional limits on Standards
Additional District, Section 60.200.030L.3\[1\] 0% 8% 5% 5% 5% 5% %51 %02 %51 5%2 None 5 5 4 1 01. 70. None None None neNo None None 30 30 30 30 30 30 25 25 15 \[3\] 15 \[3\]
15 \[3\] 351 95 85 65 70 60 48 36 24 None 5 0 5 8 None 7 None 5 e 5 0 10 None None None None 10 None 5 10 None None None 5 None 2 7 7 None 7 7 None None 15 15 None 150 / 150 / None
None None None None None e None None None None None None None 24 feet for Accessory Dwelling Units.6\[ .lot linestreet side a minimum of 20 feet from the for garages accessed from
the side street, which shall be set back, except lot lineside street feet from the 10minimum of facing a street shall be setback aAccessory buildings/structures \]5\[ .Existing Small
Lots ,Section 60.400.020D.5See 4\[ 146 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota General Dimensional StandardsSection 60.400.02 Dimensional Standards
Section 60.400.020
325 d may be reduced to 0 feet when abutting a railroad.Rear Yar \]3\[ 2 district shall be provided.-1 or R-yard required in the adjacent R2 district, a setback at least equal in width
to the front -1 or R-abuts a side lot line of a lot in the Rsetback utting lot shall be provided. On any lot where a street side the width to the front yard setback on the abhalf -district,
the street side setback within 25 of the abutting side lot line, a setback at least equal to one2 -1 or R-abuts a side lot line in any district other than and Rny lot where a street
side setback \] On a2\[ lands.or permanent open space that limits the inclusion of other abutting ,approved General Development Planor other topographic constraints, existing development,
land already included in an ,streets, streamsby arterial or higher level bounded sites Community Development Director to reflect constraints such as the minimum area of contiguous
land, rather than individual lots, and may be reduced by Applies to\[1\] 5% 8% 1 .50 .50 \]7\[ None \]6\[None None \]5\[ 50 \]5\[ 40 \]4None \[ None 10 \]310 \[ None None None None
None None 12 12 12 25 25 25 None None None None None acres \[1\] 5 . .\] 24 feet for Accessory Dwelling Units3\[ .district shall be provided2 -1 or R-Requal in width to the front
yard required in the adjacent at leastsetback a, 2 district-1 or R-in the Rof a l treet side setback abuts a side lot linewhere a sny lot On alot shall be provided. width to the front
yard setback on the abutting half the -to oneine, a setback at least equal side lot l the abutting setback within 25 ofthe street side , 2 district-1 or R-other than and Rt line in
any district a side lowhere a street side setback abuts On any lot 2\[ 147 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota General Dimensional StandardsSection
60.400.020E andardsDimensional St Section 60.400.020
326 the Protected Lot district of the zoning a primary structure containing residential uses in height of maximumbuilding within 100 feet of any common lot line with a Protected Lot
shall be the any portion of a primary or accessory imum height of the maxOn each Regulated Lot, .20 feet Regulated Lot shall bebuilding setback on each side or reaAlong their common
property line, the minimum .Lotto a Protected that is abutting more than four residential units in a Residential district,, or a lot containing Residential district-Use or Non ated
Lot is any lot in a MixedA Regul .Family Detached Dwelling-iving use occupying a SingleLGroup A or of 4 units or less Household Living use A :that contains Residential DistrictAgricultural
and nA Protected Lot is any lot in a ot, as defined below.LRegulated apply to each Section 60.400.020FThe standards in this the Residential zone district.Residential properties
take additional steps to mitigate their visual and other impacts on -NonMixed Use and uttinging that development on abs by requirdistrict Residential zoning usesestablished residential
of character theis intended to preserve Section 60.400.020F This structures.et for all 50 fe is, then the maximum height Residential DistrictAgricultural and nIf within 200 feet
of a \]7\[ structures.50 feet for all is, then the maximum height Residential DistrictAgricultural and nIf within 100 feet of a \]6\[ UDC.r the Effective Date of the Maximum height
only applies to new primary structures constructed afte5\[ for all structures., then the maximum height shall be 35 feet Agricultural and Residential District nIf within 100 feet of
a \]4\[ 148 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Neighborhood Protection StandardsSection 60.400.020F Dimensional Standards ion 60.400.020Sect
327 .Protected Lotne with located within 50 feet of any common lot lithrough lane shall be -drive parking area no surface of gross lot area or more, 10,000 square feetcontaining Regulated
Lot On a .DirectorCommunity Development y, as determined by the odor, and vehicle activitbuffering of equal or greater effectiveness in mitigating the impacts of noise, lighting,
glare, or ,Bufferyard Levels ,4-400.06Table bufferyard in 4 Levelmeeting the standards of yardinstall a bufferAlong any common lot line with a Protected Lot, each Regulated Lot shall
.The exterior lighting standard shall conform to the lighting standard of the Protected Lot feet. eight of each light pole and each outdoor lighting fixture shall be he maximum
hT Protected LotOn each portion of a Regulated Lot that is located within 100 feet of a common lot line with a primary structure in the zoning district where the Protected Lot is
located.r than the maximum height of a district where the Regulated Lot is located is no greateSubsection (a) shall not apply if the maximum height of a primary structure in the zoning
149 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Neighborhood Protection StandardsSection 60.400.020F Dimensional Standards Section 60.400.020
328 line closer than three feet to any side lot extendonly bus shelters are permitted to or rear lot line, but Allowed in any required yard or setback along a side radio antennas, satellite
dishes, underground television and noise, such as submerged pumps,Appurtenant structures that do not generate yards Allowed in the minimum front and street side landsSigns and gasoline
pump is district. exceed accessory structure height restriction of the . Shall not Allowed in any yard or setback area and seats ,tables, chairsstatues, fountains, swings, picnic benches,
lawn urniture, such as freestanding flag poles, fand ,Customary yard accessories, ornaments front lot line.but not closer than 10 feet to any yard or setbackor rear sidein any minimum
up to 18 inches llowed A uncovered paved areas such as stoopsand other patios,, terracesUncovered locatedit is more than 33 percent of the façade on whichfeet to a side lot line,
and not to extend along 4along a front, side, or rear lot line, but no closer than depth of a minimum yard or setback that is required Allowed to extend no more than 33 percent of
the reprimary structu a when entering or exitingClimate controlled vestibule to prevent heat loss than four feet to a side lot linecloser but not lot line, , or rearside, along a
frontis required thatth of a minimum yard or setback of the percent than 33o more nto extend Allowed windows, fire escapes, chimneys, and stepspatios, enclosed courts, eaves, awnings,
bay covered ,and necessary landings and decks ,Porches, balconies, canopies, stairways, steps except as follows: Every part of a required setback shall be unobstructed from ground
level to the sky .Public Works Engineering Standards in compliance with thepermi revocableSetback exceptions require a .encroachmentor over any easement that prohibits such way--lines
or into a public rightshall not authorize the encroachment of any development across property equirementsRSetback Authorized Exceptions to 4-400.02Table The setback exceptions in
maximum height.height of the applicable zoning district by no more than 25 percent of the applicable may exceed the maximum l elements,milar architectural and mechanica, and sienclosuresequipment
elevator ,mounted mechanical equipment-roofteeples, bell towers, chimneys, s, Standards-Use SpecificSection 60.300.020 ddition to any exceptions for uses listed inIn a .Protected
Lotany common lot line with a within 50 feet of waste, debris, or garbage storage shall be storedno ,Regulated Lot On a 150 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Exceptions to the Dimensional Standards: Section 60.400.020G Dimensional Standards Section 60.400.020
329 unless exempted by another UDC provision. partially within the Citylocated wholly or divisionsnshall apply to all subdivisions and la Section 60.400.030This subdivision by statute
or City ordinance.efined as a is d thatidentify approvals that will be required to authorize any subdivision activity 0.400.030Section 6 thisThe requirements of ., or revisions to
existing platted lot linesfacilitieseets and the installation of new public developments involving the layout of new lots and strestablishes standards to guide the design and review
of proposed Section 60.400.030This Section 60.400.030 brought into compliance with required setbacksent is improvemindependently of the other until the either lot prohibiting the
sale of both lots ndeed restrictioa srecord the applicant and (3), increase fire hazards (2) they do not, and streetsof streets or the intersections of driveways with tersections
visibility at inconstitute impediments to they do not (1) attach across lot lines, provided setbacks and allowed to within requiredAllowed lots are in common ownershipbutting lots,
when both or storage facilities for aorts, recreational vehicle shelters Garages, carp front, side, and/or rear setbackin any Allowed Building Design, 60.400.070FSection all projections
required by W specific standards-for applicable use Section 60.300.020F.3 Section 60.300.020F.2. See closer than five feet to any property line but project into the side or rear yard
up to five feet to Residential DistrictAgricultural and Allowed in any n SystemMounted Wind Energy Conversio-GroundMounted Solar Collector, and -GroundEnergy System, eothermal GEquipment
for a area street parking-approved offdimension of the required yard unless part of an required front yards at right angles to the longest cross abutting a residential side lot line,
and shallShall not be located in a required yard or setback located on one lotwith no frontage or where multiple buildings are Private easement areas providing access for lots ser
than four feet to any property linesetback, but not , or rearside, Allowed in any front ocated at grade l heating units ,such as air conditioning units, air exchangersAppurtenant structures
that may generate noise, in any required yard or setbackAllowed structuresbination of such structure, or any comtype Fence, wall, column, pier, post or any similar or clothes lines
private property,bus shelters on fallout and blast shelters, 151 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.030A Subdivision
Standards Section 60.400.030
330 .in this UDC requirements other applicable alland subject to procedure to the Final Plat shall be subject Community Development DirectorAll Vertical Subdivisions filed with the
.approval from the Community Development Department and City Fire Departmentplication, the developer must have obtained Vertical SubdivisionPrior to submittal of a Procedures and
Administration. ,Chapter 60.500in Development in accordance with the applicable procedures Conditional Use Permit; or an Incentive velopment Plan; obtained approval of a Site De, the
developer must have first application Prior to the submittal of a Vertical Subdivision site public or private facility improvements required to serve the subsequent phases.-offsite
or -ate onrequire a development agreement as to the design and construction of adequadequate public facilities generated by subsequent phases of the development and must In the consideration
of a Vertical Subdivision, City Council must consider the demand for Final Plat.a Vertical Subdivision as part of An applicant may request dimensional volumes.-complex multiThe
vertical subdivision is intended to allow a lot to be split into new lots that are defined by .1-Chapter 9 OrdinancesRochester Code of be meet the requirements in shall ingSubdivision
names and number subdivision, the new subdivision must be contiguous.of the same name for purposes of clear identification. To bear the same name as an existing requires the use Staff
consent of the party who platted the subdivision bearing that name, or platted the existing subdivision bearing the name, or the applicant has obtained the written land platted is contiguous
to and platted by the same applicant that similar words, unless the and ”hills,“ ”heights,“ ”place,“ ”addition,“ ”court,“subdivision in the City except for the words is the same as,
similar to, or pronounced the same as a word in the name of any other and shall not use a word that Staffroved by The proposed name of a subdivision shall be app .law state provisions
of this UDC shall be modified to the smallest degree necessary to comply withlaw, the state In case of a conflict between these provisions and applicable provisions of 152 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Subdivision Name: Section 60.400.030C Subdivision Standards Section 60.400.030
331 public facilities.all requests to connect private facilities to be required forshall approval City Engineer way. --ties or public rightfaciliCity Engineer approval shall be required
for all planned work involving the use of public site sewage treatment. -any lot authorized for onsystem failure for a case of the drain field inany There shall be adequate area
to relocate utilities.ivate soil conditions and lot sizes are adequate to support the proposed use of prEnvironmental Services Administrative Ordinance finds that proposed geologic
and taff as identified in the Olmsted County SThe responsible Olmsted County rvices in the future; andprivate utilities will not impair the ability to extend seCouncil has determined
that public utilities will not be reasonably available and City existing development shall not be permitted unless:sewage treatment systems or private water supply to serve site-new
or replacement ontreatment systems or private water supply to serve any new development or the use of site sewage -. The use of private onproviding the facility or utility agencyCity
or the l be installed according to the standards adopted by the Public facilities and utilities shal on those public facilities generated by the development. handle the demandor to
be constructed pursuant to an executed development agreement are adequate to may be approved unless the public facilities in existence subdivision or resubdivision site public or
private facility improvements to serve those subsequent phases.-offsite or -st require a development agreement as to the design and construction of onfor adequate public facilities
generated by subsequent phases of the development and consider the demand shall Council Citywith the adequacy of public facilities. However, link the timing of development plicant
may seek to stage or phase development An ap school sites, may be identified during the development approval process.and monumentation. Other items that are necessary or material to
the project, such as extensions, storm water management facilities, soil erosion and sedimentation control, ater streets, sidewalks, public sanitary sewer and wboulevard trees land,parkinclude,
but are not limited to, iespublic facilit , the requiredsubdivisionIn a proposed and capacity. ,type, availabilityappropriate in ate, facilities must be To be adequsubdivision or
resubdivisionassociated with any infrastructure improvements establishes standards for required Section 60.400.030DThis 153 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Adequate Public FacilitiesSection 60.400.030E Subdivision Standards Section 60.400.030
332 responsibility for maintenance and upkeep of public facilities.ity shall assume CFollowing the expiration of the required maintenance period, the development agreement, except
that, for boulevard trees, the period shall be one year. r contract or period of two years from final inspection or as otherwise defined in an ownefor a applicantMaintenance of newly
installed public facilities shall remain with the PermitGrading 4.f.GSection 60.500.060Ipursuant to Grading PermitReceived approval of a completion of all required improvements;
orgreement with the City or otherwise arranged for aevelopment dEntered into a and City Engineer; Community Development Director ion Plans and all necessary permits from theReceived
the approval of the Construct until the applicant has:change shall commence on the subject property without written approval of the City Engineer of trees or other vegetation, land
filling, construction of improvements, or other material removal no grading, ,normal management of landscaping. Except as provided in this Sectionunauthorized land clearance and timber
removal and is not intended to interfere with the ection precludes Spurpose of providing access for site survey and evaluation. This tract may remove not more than 10 percent of the
trees or other vegetation on a site for thLand clearance prior to development of a parcel is prohibited. The owner of an undeveloped .ESection 60.400.030Dfor assessments in accordance
with any unpaid costs to assess for and where provision is made ,ordedcbeen reand the agreement has TreesBoulevard Section 60.400.030Ithe standards of , the proposed planting meetsplantingfor
boulevard tree ingprovida private covenant that includes Facilities AgreementGreen Boulevard Treesprovided that the City and the developer have entered into a Boulevard Treerelated
to requirement for a cash escrow, surety bond, or letter of creditwaive the will and Recreation Director and Parks Community Development DirectorThe satisfactory completion of the
public improvements. upon applicantshall be returned to the Guaranteeof a Any unexpended portion Councilas part of a development agreement approved by City installation of public
improvements, unless waived prior to commencing activity involving the cover the cost of installationin the amount necessary to s shall be requiredor surety deposit , letters of creditsBonds
the City may be permitted as part of a development agreement approved by City Council. payment of costs by expense of the applicant. Assessment of costs to subsequent users or he
sole Required improvements reasonably related to the development shall be installed at t 154 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Adequate
Public FacilitiesSection 60.400.030E Subdivision Standards Section 60.400.030
333 before construction mencement of construction of improvements 24 hours prior comIt shall be the responsibility of the applicant to notify the City Engineer of the final inspection.other
agencies, the applicant shall provide the City Engineer with written reports of each inspectors of such agencies. Where inspections are made by inspected by engineers oragreement.
Improvements made under the jurisdiction of other public agencies, shall be except as agreed to pursuant to an owner contract or development improvement ired by these regulations shall
be inspected by the City Engineer, All improvements requ in conjunction with the development of subdivisions.Record drawings shall be consistent with the engineer’s standards adopted
by Public Works future approvals and permits. including, but not limited to, revocation of permits already issued and/or withholding of ynecessarconstruction plans. In addition,
the City may take such other actions deemed ay be required to correct the installed improvements to conform to the approved applicant mconstruction plans and such deviation was not
approved in advance by the City Engineer, the actual construction work deviates from that shown on the approved If approved drawings. the City Engineer in advance of any changes to
be made from the applicant to notifybut only with the written approval of the City Engineer. It shall be the responsibility of the specifications during construction, such changes
shall be made at the applicant's own risk, oses to make minor modifications in design and/or construction plans. If the applicant choAll installations of improvements and all construction
shall conform to the approved .other applicable standardsand Map Zoning Transportation Plan, OfficialRange e adopted Longin accordance with th way--rightsstreets. The applicant
shall provide way widths for major --Council regarding costs and right CityThe City Engineer shall advise instrument, which shall be in a form approved by the City Attorney.separate
the applicant as part of the development approval process or through way dedicated to the public by --sand right granted,shall be deeds /orandEasements stormwater and significant
wetlands.ements over natural drainage or ponding areas for management of must provide easWhen a land or easement dedication is a condition of subdivision approval, the approval service
called for in adopted City plans and regulations.meet specified levels of thatdevelopment and connecting to adjacent development n within the and vehicular or pedestrian circulatio
shoreland ,utilities, drainageway or easement locations necessary for the provision of --shall identify needed rightSite Development Planand ,Development plans, construction plans,
land subdivisions 155 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Adequate Public FacilitiesSection 60.400.030E Subdivision Standards Section 60.400.030
334 development, as shown through an individualized determination of impacts.impacts of the proposed proportional in nature and extent to the anticipatedand shall be roughly determinationimposed
shall include an individualized tpaymendedication or , any according to a formula applicable to a broad class of applicantsdedicate land or pay money to a public entity in an amount
that is not calculated requires an applicant to subdivisionmitigation of the impacts of a proposed Where purposes of this UDC.or land use and to the subdivisionrelated to the anticipated
impacts of the proposed shall be reasonably by the City as a part of the approval processAll conditions imposed approval. subdivisionaction to attach that condition to a takes formalimpacts
of a development do not reflect actions by the City unless and until the City constitutions, statutes, or regulations. Discussions of potential conditions to mitigate the ederalf tate
ors to impose any condition that would violate the attempt or intentpotential conditions, and no discussion of potential conditions shall be deemed an , the City may consider alternative
subdivision applicationDuring consideration of .in writingagreement or arrangement that writingin approvedCity has entity has agreed in writing to be responsible for such maintenance,
and the another unless Engineer shall accept the improvements for maintenance by the City, to the City Engineer, the City drawings or electronic files t reproduciblebuil-submitted
asconditions of these regulations and the specifications of the City, and the applicant has When improvements have been constructed in accordance with the requirements and been accepted.,
unless the street or other improvements shall have the use of the same by the publichave any responsibility with respect to any street, or other improvement, notwithstanding Except
for the removal of snow from substantially completed streets, the City shall not of the improvement for dedication purposes.constitute acceptance by the City Approval of the installation
and construction of improvements by the City Engineer shall standards adopted by Public WorkInstallation and construction of improvements shall be consistent with the engineering
.seal coatFinal surfacing prior to ; andBituminous binder placing ;Concrete curb and gutter installation ;Aggregate base compaction ;Subgrade preparation prior to aggregate base
installation ;Underground utility installation ;Site grading/erosion control completion agreement:otherwise determined through and owner contract or development improvement . Inspections
shall be required at each of the following stages of construction or as begins 156 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Adequate Public FacilitiesSection
60.400.030E Subdivision Standards Section 60.400.030
335 .Access and ConnectivitySection 60.400.040shall comply with all applicable standards in Section 60.400.030subject to this All development reasonable access to the utility facility.and
shall not interfere with risk of the property owner, upon obtaining a revocable permit Above ground pedestrian amenities that do not require footings may be installed at the easements
at the risk of the property owner.liance with MN statute 211B.045, are permitted within utility Temporary signs in comp easements.utility structures, above or below ground, shall not
be placed within utility -Non area.replace plantings or landscaping removed or damaged during work within the easement ompanies will not cthe utility facility. Utility not interfere
with reasonable access toPlantings in utility easements shall be placed at the risk of the property owner, and shall installed in or permitted to remain in the public utility easement.ive
grasses, or hedges under three feet in height may be Ground cover, grass, and natthe free movement of service vehicles, or placement and operation of utility facilities. Vegetation
located on utility easements shall be placed so that it does not interfere with width for the remainder of the site.m easement and may require a width that exceeds the otherwise minimu
,applicablewhere on site plansRPU Transformer location shall be identified and approved by utility companies may be required.s private utilities within the building, consultation
with individual development providein consultation with Rochester Public Utilities (RPU) and Public Works. When the requiring a greater or lesser width is approved by the Community
Development Director ts, shall measure a minimum of five feet in width, unless a deviation and private streeway --D districts, public utility easements adjacent to public rights-T and
MX-In the MX and Public Works.(RPU) Director in consultation with Rochester Public Utilities a greater or lesser width is approved by the Community Development deviation requiringfeet
in width, unless a tenshall measure a minimum of way and private streets --s adjacent to public rightsublic utility easementD Districts, p-T and MX-Except in the MX s as required
by the various public utilities shall be provided.Public utility easement The following standards apply to public utility easements in all zoning districts. standards adopted by
the City., should be consulted for current design Director , available from the Public Works Propertynd Industrial a ,f Subdivisions, Commercialohe Development tth n wiConjunctio Works
or Public fEngineering Standards drainage or grading plan shall be provided. The document Drainage easements needed for stormwater management as indicated on an approved 157 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Access and Connectivity: Section 60.400.030F Subdivision Standards Section 60.400.030
336 standards are met.be approved if the following willernative, flag lots When there is no reasonable alt subdivisions.shaped lots are discouraged in new and existing Flag lots and
other irregularly .s specified)inimum required lot width at the building line (if one iMeet the m and ;less than 25 feet not, but locatedthey are wheredistrict in the at least
50 percent of the minimum required width eB :shalllots sac --Cul ey have frontage.which (s) on streetof (s)Full frontage lots shall provide adequate spacing of access points for
the type unless an exception in this UDC applies. StandardsDimensional ,Section 60.400.020 stated inas ,where the lot the is locatedfor the district minimum lot width required rontage
must be the same as theLot f .governmental vehicles-governmental and quasiuse by all available for shall be insured through the use of common area agreements or private easementsand
emergency vehicles ,In the case of lots with no frontage, access for vehicles, utilities multiple buildings on a site dictates the need for such lots.ure of more efficient use of
irregularly shaped parcels of land, or where the integrated natA limited number of flag lots and lots with no frontage may be authorized to enable the direct access or the use of
joint access agreements. be met through provision of and may, at the discretion of the City, Section 60.400.040Dthe requirements of comply withFrontage requirements for access purposes
need to freeway streets.utting collector, arterial, expressway, or necessitated by a lot layout that restricts access to abThrough lots shall be avoided, except where dictated by
topographical conditions or where radial to the curve. way--rightscurvilinear street sac or --culy line, or in the case of --practical, run at right angles to the rightextent ximum
way should, to the --Side lot lines of lots abutting a public or private right 158 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Lot Design Standards:
Section 60.400.030G Subdivision Standards Section 60.400.030
337 .approved as to form and content by the Citythrough the use of documents the City, s by an entity other than private streetll athe maintenance and repair of in writing Ensure
property owners.street until it is brought into conformance with City street standards at the expense of he City will not accept the dedication of any private . Tthe development are
private streetsin reets which stproperty owners through deed restrictions and covenants future otify N :subdivision including private streets shall be required to applicant for anyThe
operation of vehicles on the roadway.sed parking conditions and shall be designed for the safe serve anticipated traffic and propoPrivate roadways or streets developed as part of
a subdivision shall be of adequate width to .Boulevard TreesSection 60.400.060Ain shall comply with all applicable standards Section 60.400.030All development subject to this
the development of subdivisions. applicable to the Citystandards adopted by acilities consistent with the engineering be surfaced and provided with adequate stormwater fs approval of
street grading and utility installation, streets shall ’ollowing the City EngineerF utilities.underground utilities, and gravel base construction undertaken after the installation
of the ble Where necessary, street grading shall be completed prior to the installation of applica with approved plans. complyAll street grading and gravel base construction shall
submitted to and approved by the City Engineer.way in accordance with grades --rightStreets shall be graded to the full width of the ity.Csubdivisions to guide the design of roadway
improvements within the engineering standards for public works in conjunction with the development of adopted City’s the shall be used in conjunction with Section 60.400.030HThe requirements
of this providing for municipal services. sewage treatment, all lots must be covered by a utility connection agreement ion in reliance upon individual In the case of flag lots developed
by subdivis size of 0.75 acres or greater.developed initially in reliance upon individual sewage treatment and having a lot lots in a development in the case of redevelopment or infill
development of lots r percentage of here is no limitation on the number oT may be flag lots. greater,, whichever is one lot or five percent of the lots in a developmentA maximum of
comply with all other standards and measurements of this UDC. and shall of the lot shall not exceed 300 feet the flagpole portionThe length of 159 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota bdivision Design StandardsRoadway and SuSection 60.400.030H Subdivision Standards Section 60.400.030
338 or user. Names may be used when the roadway alignment does not permit the use of ,easementplat, deed, ity, including without limitation public roadways created byCroadways within
the dentifying all public The numerical quadrant system is hereby adopted as the primary basis for i consideration.under designations apply to the street Long Range Transportation
Planwhich of the shall determine Community Development Director Document, the Transportation PlanLong Range the narrative descriptions for each roadway classification provided in the
Map and Long Range Transportation Planthis information in conjunction with the Using .land usesAdjacent ; andd peak hour characteristics of traffictraffic, andestination characteristics
of the -speed, percentage of turning movements, originharacteristics, including design volume, percentage of trucks, design cTraffic ;accesses, and average lot frontagesrestrictions
on access, the spacing of private onditions, including any cAccess ;and parking laneseometrics, including the number and width of traffic lanes, turning lanes, gFacility following
existing or proposed features:ermining the classification of a street, factors to be considered include the In det the City Engineer.in consultation with Community Development Directorproposed
use, shall be done by the development, or for the purpose of determining the appropriateness of a location for a ppropriate design of a roadway or the purpose of determining the a ,
forTransportation PlanLong Range Classification of an existing or proposed street not already identified on the ..400.040C.4Section 60in standards as described Private roadways shall
comply with the minimum Connectivity Index .Standards and Fire Access Minimum Standards comply with the City’s adopted Private Roadway The width of a private roadway shall aintenance,
including replacement of the roadway name signs.mor subsequent owners of the roadway are responsible for installation and applicantThe form and content by the City.documents approved
as to signs through the use of maintenance and repair of those and shall ensure in writing the streetprivate eachong at all intersections al requirementsCity applicablethat comply
with and street signs signs traffic expense,, at its own nstallI 160 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Street Classificationn 60.400.030KSectio
Subdivision Standards Section 60.400.030
339 the public or preserved as neighborhood parks, playgrounds, or open space; or that a ed subdivision of lands within the City be dedicated to reasonable portion of any proposrequire
that a (b) )2(462.358 Minn. Stat. Ch.Exercise the authority granted pursuant to ; andstormwater runoffcleanse the air and and adequate open space land, protect wildlife habitats,
Retain uality of life in the City; a high q Maintain ;residents localfuture serve the recreational needs ofdevelopment is compensated for in order to Ensure that the impact of development
on the need for parkland created by that ;developed for other purposesnot he development process andin order to compensate for the impact of tprocess during the land subdivision
and development as a park and preserved for public use nsure that lands suitable for economical neighborhood park development are identified E to:is Section 60.400.030Murpose of this
pThe .sDefinitionChapter 60.600in Street Naming Definitionsassign street names consistent with the shall Works Director Olmsted County PublicThe intersection with the eastern
most city limits.View Road East (County Road 9), thence east along College View Road East to an S.E., to an intersection with College Avenue th Avenue S.E., thence south along 19 th
Street. Then east along West Center Street to East Center Street and its intersection witsection line to the section line. Then southeasterly to the western end of West Center easterly
along the quarter Thento the center of Section 33, Cascade Township. north ThenRoad West (County Road 34) to its intersection with Wimbledon Hills Drive S.W. east along Country Club
thenCountry Club Road West with the western most city limits, dividing line separating north from south extends east from the intersection of The most city limits.Zumbro River, thence
north along the centerline of the Zumbro River, to the northern U.S. 63 and East River Road N.E., thence due west to the imaginary intersection with the city limits, to a point at
the intersection of southernmost63, from its intersection with the The dividing line separating east from west extends north along the centerline of Highway or W. ,line between quadrants
will be identified as N, S, Eand NE. Any roadway that forms the dividing SE,r quadrants of NW, SW, divided into fouFor the purposes of roadway identification and unique E911 addresses,
the City is .-Chapter 20in accordance with Rochester Code of Ordinances must approve the namesauthorized representative theiror DirectorCommunity Development numbers. In that
case, the 161 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Parkland DedicationSection 60.400.030M Subdivision Standards Section 60.400.030
340 facility that is also or areapark larger part of a single proposed development of art pof a subdivision or phase onefor If the land dedication required .development approval
receives as or portion of the development the subdivision fphase o hcfor equivalentlieu --a cash emakparkland or ededicatshall applicant, the platted lot(s)on a previously verall
developmentof the o portiononly proposes to complete applicant nor a portion of the land encompassed in the approved preliminary platcontains only a thatapplies for approval of a
final plat applicant nWhenever a a building or occupancy permit.ssuance of before i demands on the City’s park system dto compensate for the increase lieu equivalent--pay a cashand
or parkladditional shall be obligated to provide owner or applicantearlier population projections, the the projected population over the eincreas in ways thatreplats property already
platted, or deviates from the approved preliminary plat in a final plat, applicant nIn the event a land. of all or part of thatregardless of change in ownership e relieved land, The
credit shall attach to the relieved land and remain with th dedicated. requirement must be in the same quadrant of the City as where the credit lands are is relieved of all or part
of its mandatory parkland dedication that the development equirements, or property owner dedicates land against future r applicant nWhere a receive a written credit against future
parkland dedication requirements. and Section 60.400.030Mrequired by the formulas established by this would be may dedicate more land than applicant n, aDepartmentand Recreation
sPark Director of the the Council, upon recommendation CityAt the discretion of the law. ederalfor tate s y to comply withsmallest degree necessarlaw, the provisions of this Section
shall be modified to the ederalf rotate s provision ofand any Section 60.400.030MIn case of a conflict between the provisions of this agreement approved by the City.previously addressed
in a development has not been resubdivisionor park system caused by the proposed subdivision of parkland dedication to the extent the increased demands on the City’s ulie--cashrequire
the dedication of parkland or payment of only shall Section 60.400.030MThis .demands on the City’s park system will increasethat for a subdivision or resubdivisionapplication ache
applies to Section 60.400.030MThis .r facilitiesfacilitate development of similain lieu thereof in order to applicantreasonable cash payment be received from the 162 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Parkland DedicationSection 60.400.030M ardsSubdivision Stand Section 60.400.030
341 ;ave a natural slope of four percent or lessH :shall Section 60.400.030M.3.de gross area of the land required to be dedicated pursuant to At least 50 percent of th 1.98 du/ac
Over 12 2.22 du/ac 6 to 11.99 3.05 du/ac 0 to 5.99 for parkland created by the proposed development. Director of Parks and Recreation that such measures do not accurately reflect the
need by the City Council upon determination of the development, but may be amendedbelow are presumed to be in proportion to the need for parkland created by additional residents created
by the proposed development. The amounts in the table ed land, the required dedication will be measured by the number of of already plattIn the case .1-400.03Table as shown in density
range, persons living in each residential based on the anticipated number of number of dwelling units allowed in the subdivision) it multiplied by theis: 0.008 multiplied by the number
of persons per dwelling un (whichacres per 1,000 projected residents eight rate ofshall provide parkland at a uses Group Livingand uses ousehold Living Happlications for e proposed
development on the need for parklanddue to the impact of th requireda parkland dedication is the Director of Parks and Recreation determines that When dedications. parklandtiming
of required provisions of this UDC related to the nsistent terms of any such development agreement shall supersede any incoThe .City’s park system the construction or operation of
the adverse impacts oncreate ation of a single park area or facility will notcdetermines that partial dedie development, if the City development with the approval of that phase or
part of thphase of a subdivision or part of a in a or occupancypopulation expected ate an amount of land that is proportionate to the callowing the applicant to dediapprove a development
agreement willCity tion 2), thecAs an alternative to Subse development.the subdivision or parts of the fo dedications otherwise required for later phasesfor land applicantand a
credit shall be provided to the ,development part of thethe subdivision or the first phase of area shall be dedicated concurrent with park, the entire of a subdivision or part of
a development intended to serve later phases 163 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Parkland DedicationSection 60.400.030M tandardsSubdivision
S Section 60.400.030
342 subdivision or by a subsequent separate conveyance. ’y dedication upon the lands, to be conveyed to the City bSection 60.400.030M.4.b subject to the exceptions set forth inpermit
marketable title, needed to steps those the applicant shall take e, no subdivision of the land shall occur until marketablindicates that title is not ,If the examination of title by
the City, or the title opinion opinion by a person licensed to practice law in Minnesota. date abstract of title or registered property certificate for examination, or a title --an
up shall deliver to the City for examination applicantPrior to dedication, the and Recreation. sof Park Directorthe written consent of the arth or construction material, or disposal
of construction debris, without stockpiling of elands be used for the purpose of dedicat, nor shall the the dedicated land fromor topsoil ,dedication of lands, no person shall remove
trees, vegetationthe Following X 20% = 3 acres of equivalent buildable acres). buildable property (15 acres-nonrequirement the owner would need to dedicate 15 acres of acre-threemeet
the buildable land. However, to -acres of dedication may be met through the use of non threeslopes or less. The remaining four percent ade to meet theacres can be m Two or less. four
percentacres has slopes of fivededication is 10 acres. Currently evelopment required land : dThe following example lays out the dedication scenario equivalent.of the buildable land
percent will be awarded at a rate of 20 parkland dedicationbuildable land, credit against required -chooses to accept the dedication of the nonrecommendation as to whether the City
should accept the dedication. If the City the dedication and give review willand Recreation se Director of Park , subject to this Section 60.400.030M,3,f.dedication landrequired
parkmay dedicate the property to the City to meet all or a portion of the applicantthe no access) or slopes, wetlands, drainage ways, high rock, high water table, limited e (i.e.,
steep buildabl-If land is proposed to be dedicated and is considered non of grass.ave a cover of six inches or more of topsoil suitable for the seeding and cultivation H andor water
ponding area ,easementear floodway, drainage y-ot be located in an existing watercourse, a 100N ;e largely clear of forest vegetationB 164 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Parkland DedicationSection 60.400.030M on StandardsSubdivisi Section 60.400.030
343 appropriate neighborhood park acquisition and development fund established for shall be placed in the Section 60.400.030M.5All payments collected pursuant to by the number of
acres required to be dedicated.The required payment shall be computed by multiplying the value per acre of land at a time no later than the time of final approvalAssessor the County
similarly situated land by the proposed development land and the value assigned to consideringdevelopment or redeveloped, value per acre of the land proposed to be fair market establish
the shall and Recreation Department sDirector of the ParkThe dedicated. required to be would otherwise thatequivalent to the fair market value of land ayment shall be made prior
to recording the Final Plat of the subdivision in an amount P purposes and uses. applicable all other and ,may include fees for land acquisition, preparation Payment .and Recreation
Departmentmanaged by the Parks and recreation facilities, or publicly maintained open spacepublic park or planned land is adjacent or readily accessible to already existing T open
space or trail thoroughfares; orill not create a parcel suitable for neighborhood park development or for usable W s not feasible or practical; I :of that landa size or configuration
that dedication of a portion ity of land to be subdivided is of the quant the Parks and Recreation Directorjudgment of f in the i Development Agreement, ,Section 60.500.030E.8agreement
entered into under to the City or suitable provision in a development applicantash by the a payment of cmay be satisfied by Section 60.400.030M.3.dThe requirement of dedication imposed
by and the person subdividing the property.f dedication shall be prorated between the City on the land dedicated in the year o owing. Payment of real estate taxes dedication has
occurredthe actual after lands dedicatedThe City shall be responsible for the payment of any special assessments levied on the simultaneously with the later transfer of title to the
City.prior to or any such equitable interest or mortgage removes provided that the applicant; or that the lands are subject to the lien of a special assessment applicantother than
the by a person of the fact that a mortgage or other equitable interest in the lands is heldThe title to lands proposed to be subdivided shall not be deemed unmarketable by virtue
165 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Parkland DedicationSection 60.400.030M vision StandardsSubdi Section 60.400.030
344 .Section 60.400.040D development on existing platted lots shall comply with the standards in; applications for Section 60.400.040C shall comply with the standards inresubdivision
of land pplications involving the subdivision or A .another provision of this UDC exempted by unless Section 60.400.040 All new development must comply with the standards in this more
direct routes between many destinations., and by providing for shorter and mentand bicycle routes in new development and redevelopvehicle miles traveled and related greenhouse gas emissions
by integrating sidewalks ingreduc develop safe and adequate vehicular access while is to Section 60.400.040 of this The purpose Section 60.400.040 City at a price less than fair market
value.the conveyance of such lands to of lands meeting the standards set forth in this UDC for park purposes or in return for in connection with dedications only be approvedmay Commissioners
andthe Board of Park shall be formally authorized by 9used. Credits proposed to be created after January 1, 201remain in effect until and January 1, 2019 January 1, 1988between Director
Recreation and sreviously authorized by the ParkAny parkland dedication credits created and p .quadrants contained in the otherThe southwest quadrant shall contain all those lands
of the City not otherwise ion of 4th Street/County Road 9 then to the easterly municipal limits.intersectBroadway Avenue, and south of the alignment of East Center Street extended
the The southeast quadrant shall contain all of the lands of the City lying east of Street/County Road 9 then to the easterly municipal limits. th the intersection of 4to extended
,Broadway Avenue, and north of the alignment of East Center StreetThe northeast quadrant shall contain all of the lands of the City lying east of .AvenueBroadway the westerly municipal
limits, and west of lying west of TH 52 to Street south nd 2 TH 52 and north ofalignment of West Center Street extended to northwest quadrant shall contain all the lands of the City
lying north of the The are defined as follows: thatnorthwest, northeast, southeast, and southwest, divided into four quadrantsbe , the City shallSection 60.400.03this For purposes
of administration of time to time direct. Council may from Cityof neighborhood parks in that quadrant, as improvementor ith the acquisition and developmentdisbursed for purposes
consistent wbe may only located andthe quadrant of the City where the lands subdivided are 166 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose:
Section 60.400.040A ConnectivityAccess and Section 60.400.040
345 increased maintenance costs.reason of natural features or existing development, and do not create safety hazards or by modifications are consistent with an adopted access management
plan or necessary standards. The City Engineer may recommend design modifications where such Streets shall be designed to create a hierarchy of streets according to the following
vehicles.access by pedestrians, bicycles, cars, and emergency accommodate feet in width at least 66 width of the access shall be way --rightWhen required, the .60.400.030E.13Section
the requirements in subject to idedbe provwater body the public access to the City may require that the wateror policies support the need for public access to and the City’s adopted
plans When a proposed development abuts a public body of water at documents.Vehicular access restrictions shall be noted on final pl roads, parallel streets, or service drives to
eliminate the need for direct access. Lots adjacent to arterial, expressway, or freeway streets shall access frontage year storm. -elevated to remain passable during the 100secondary
access shall be If required, the a subdivision traverses a floodplain area. means of access into only A secondary means of access may be required when the or ravines. such as floodways,
cliffs, , streets shall be routed to avoid hazard areas elbextent practicamaximum To the .and Building DesignSite Section 60.400.070 Additional requirements on site design standards
can be found schools, and shopping.rovide multiple direct connections to and between local destinations such as parks, P adjacent neighborhoods, properties, and land uses. ng development,
and provide ample opportunities for linki eachpedestrians through ccommodate the safe, efficient, and convenient movement of vehicles, bicycles, and A distribute traffic over multiple
streets and avoid traffic congestion on principal routes. connected streets that-a clear hierarchy of well withtreet and block patterns romote sP :is intended to Section 60.400.040CThis
167 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity n 60.400.040Sectio
346 ibited.development are prohstreets that interfere with street connections needed to serve existing or planned sac --and cul (i.e., a narrow parcel between a road and another lot)Reserve
strips lands.public access to adjoining or other provide a public street require that the propertythe City may Road Authority. When access to an arterial or expressway is permitted,
Intervals between access points can be reduced as recommended by the governing .Transportation PlanLong Range jor street system identified on the distribute traffic to the mato collect
and in order ,anticipated average daily trips will exceed 3,000 tripsollector level design where the Primary Cmay require a street to be of a The City separation shall be as recommended
by the City Engineer.ets the intersections should be at least 300 feet apart, while on higher order streprovided at primary intersections. When located along collectors, such primary
Frontage roads shall be designed so that stacking areas of sufficient depth are or local streets. torlocal collecAlleys shall intersect with classification.streets shall intersect
with two streets of equal or higher collector ocal L from exceeding 1,000 average daily trips.treets shall intersect with a higher order street to prevent local street traffic ocal
sL discourage through traffic. alignment thatusing designs and ocal streets shall intersect with higher order streets Residential l 168 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040
347 e. nfeasibliwhere unique topographical conditions make this connection connection to maintain connectivity between and through subdivisions, except Any block exceeding 600 feet
in length must provide a public pedestrian .way--righteasement or abutting thelots located shall apply to the sac is --applicable to the district where the cul sside yard setback
interiorand indicated on the subdivision plat, way shall be --pedestrian easement or right The by the Community Development Director. blemed impracticadee , unlessuse trail-sidewalk
or multi a that includes way--righteasement or pedestrian connector foot-via a choolSark, or Public Ppublic open space, adjacent y and to ,ssac--culadjacent to ,ust connect to the
closest local or collector streetSacs m--Cul established by other means.way has already been platted, dedicated, or --remainder of the necessary rightway shall be prohibited except
where the --The platting of partial width rights exceeds 150 feet in length. the dead end Construction of a temporary turnaround shall be required where of the development. way,
and improvements shall be extended to the boundary --adjacent land, rightsWhere necessary to give access or to permit the reasonable future subdivision of street shall be determined
based on a Traffic Impact Study.Residential development fronting on a collector or higher order -access for Nonprojected to generate more than 500 average daily trips. The need for
secondary idential development that is Secondary access shall be required for any res no more than 300 average daily trips.development shall be designed to serve development that is
projected to generate family or duplex residential -sac, circle, and lane streets serving single--Cul 169 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040
348 1.0 or greater.red to meet a connectivity ratio of with 10 lots or fewer shall be requi sDevelopment placement.Streets Policy, and all Ordinances pertaining to access management
and roadway visions must meet the access requirements as required by the Fire Code, Complete subdithe development fail to meet the minimum using roadway connections. Proposed , should
required connectivity ratio increase the overall connectivity index to the minimuma development, excluding outlots. Additional pedestrian links shall be provided to on The roadway connectivity
shall meet a minimum ratio as decided by the number of lots th, unless a minimum of 20 feet is required for fire equipment access. dial Districts alleys shall be a minimum of 18
feet in In Mixed Use and Industr In Residential districts alleys shall be a minimum in 16 feet in width :Where alleys are platted side lot lines.parking areas, and shall not permit
vehicle access to parking areas through front or alley access to required vehicle Blocks platted with alleys shall be platted to allow points onto local streetsarterials, and expressways,
or to reduce the need for individual driveway access to collectors, access site individual the need for reduceto may be used lleys A 170 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Circulationl Connectivity and Subdivision Leve: Section 60.400.040C Access and Connectivity Section 60.400.040
349 classification shall be considered a node.intersection with a street of any -Any location where a street creates a T street shall not be counted as a node.ere an alley intersects
with a Alleys shall not be counted as a link, and locations wh The segment of the stub street shall be counted as a link.abutting subdivision or arterial or collector street shall
not be counted as a node. eventually be connected from the subdivision to a future Stub streets that will shall be counted as links.node. However, streets extending into the development
from these intersections intersections outside of the development area shall not be counted as Exterior et to reach any two nodes in the subdivision.to travel along the arterial streArterial
streets shall not be included in the calculation except when it is necessary greater.Developments with more than 100 lots shall be required to meet a ratio of 1.5 or 1.4 or greater.meet
a ratio of Developments with greater than 50, but fewer than 100 lots shall be required to a ratio of 1.2 or greater.with more than 10, but fewer than 50 lots shall be required to
meet sDevelopment 171 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and
Connectivity .040Section 60.400
350 Legally shared parking structures and parking lots; Common service/delivery areas; Coordinating parking structure and parking lot entrances; Connecting streets and drives; private
streets. This may be established by one or more of the following:ublic or access to adjacent property to encourage shared parking and access points on p-shall be designed to allow for
cross lot layout, each To the maximum extent practicable shall comply with the following standards.development residential -use or non s for mixedplatted lotcontiguous subdivisions
or reconfigurations of ll A of the associated subdivision or development application.connections shall be provided prior to or simultaneously with approval with the interaccess and
maintenance agreements associated -If requested by the City, cross features. constrainingpresence of the despite the proposed development’s connectivity can be reasonably improved
may recommend denial if it determines that irectorDThe Community Development minimum index requirements due to the site constraints.determines that the connectivity of the proposed
subdivision cannot meet the shall recommend the application for approval or approval with conditions if it Directorlopment Community Devefeatures listed above or similar features.
The connectivity of the proposed development is hindered by the presence of any of the pplication an explanation of how the ashall attach to the General Development Plan um ratio, then
the applicant If the applicant is unable to meet the required minim road.requirements prevent the ability to provide additional connections to a public Situations where intersections,
access management, and driveway separation .connect to the proposed subdivisiones to do not provide stub streets or other opportuniti thatAdjacent subdivisions .groundsImportant
cultural or archeological features such as historic landmarks or burial or presence of wetlands. ,slope or greater), Decorah Edge, hydric soils percent anges (12Natural features such
as bodies of water, severe elevation ch following:makes strict compliance impossible or impractical. Such features include the minimum where specific features or constraints of the
land being subdivided ndex of less than the required A subdivision may have a roadway connectivity i 172 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040
351 .Section 60.400.040C.6.b ds in thisstandarAASHTO requirements, and all applicable adopted City standards including the Sidewalks shall be constructed to comply with the Americans
with Disabilities Act, .use trails-, and multisidewalksassociated bikewaysway shall include the extension or connection of --property, street, or rightway to an abutting --rightor
extension or connection of a public street Each .Section 60.400.040C.6.b.3)the requirements of comply withuse trails that -in exchange for the development of multi Section 60.400.040C.6this
for sidewalks and/or bikeways in srequirement ay modifym Development Directorhe Community Trequired where indicated on an adopted City plantraffic, are use trails, separated from automobile
-ultiTo the maximum extent practicable, m safely.mes allow bicyclists and motorists to share the road where low traffic speeds and voluDesignated bicycle lanes are required in the
design of all arterial and collector streets sacs, and within and along the frontage of all new development.--including culall arterial, collector, and local streets Sidewalks shall
be required along both sides of .Section 60.500.070Apursuant to unless a modification from these standards is permitted in ,Section 60.400.040C.6this standards in with theshall
comply use trails -All required sidewalks, bikeways, and multi shall comply with the following standards. All subdivisions and reconfigurations of lots evelopments or land uses.dResidential
-Nonor Use Mixedbicycle and pedestrian connections are provided between adjacent vehicular or pedestrian safety, this requirement may be waived provided that appropriate gineer on
the basis of topography, the presence of natural features, or and/or City Enaccess is deemed impractical by the Community Development Director -When cross .driveway approachesminimize
way to --lots from public rights hared driveways for two abuttingProviding s inkages between parking lots and parking structures; orL 173 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C Access and Connectivity Section 60.400.040
352 eer. City Enginincrease motorist awareness at conflict points, as determined necessary by the colored pavement markings, raised pavement, signs, bollards, or other means to Street
and driveway crossings shall minimize potential crossing hazards using he curb. tStriped bikeways shall be located at the outer edge of the street or adjacent to all applicable
adopted City standards. Street and Bikeway Design guides, AASHTO Bicycle Facilities requirements, and l Association of Transportation Officials (NACTO) Urban Master Plan, the Nationa
Bikeways shall be constructed to comply with the City’s Active Transportation foot wide sidewalk.-inch curb and six-integral sidewalk with a minimum six nA wide sidewalk with reduced
vegetation plot width; or-foot-A 10 approve the following design options: will Directorthe Community Development Director of way width constraints or site elevation constraints, the
--due to righthas determined that a pedestrian easement is not feasible DirectorDevelopment ity Engineer and/or the Director of the CommunIn situations where the City property.shall
not count toward the maximum impervious surface coverage for the on private property, the portions of the sidewalk within the pedestrian easement a pedestrian easement In situations
where the sidewalk must be located within separation is maintained. foot-fiveminimum way, and that the --locations where the sidewalk is not within the public rightthe constraints,
provided that a pedestrian easement is established for any trees, or unsuitable topography, the sidewalk location may be designed to avoid way, mature --cannot be achieved due to constraints
such as limited public rightpavement where no curb exists. In situations where the minimum separation he curb, or edge of Sidewalks shall have a minimum separation of five feet from
t Fourplex Dwelling uses.oFamily, Duplex, Triplex, -shall not be required for lots containing primary Singleto each other, and provide access to adjoining transit stops. Internal sidewalks
site entrances of primary buildings on the site, link separate facilities within the idewalks shall be provided that link abutting streets to primary Internal s way or within a pedestrian
easement along all abutting street frontages.--inside the public right External sidewalks shall be located a minimum of one foot .approved by the City and a minimum width of five feetSidewalks
shall be constructed of durable, smooth, and skid resistant material 174 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Circulationtivity and Subdivision
Level Connec: Section 60.400.040C Access and Connectivity Section 60.400.040
353 streets to provide secondary access. level-lowerthe use of ements and include the potential use of cross access eas Section 60.400.040Cof this options for designing access that
meets the standards ,Long Range Transportation Planroposed subdivision front on an arterial street as designated on the Where lots in a p .Long Range Transportation Plandesignated
on the solely dependent on a roadway or driveway that intersects with an expressway as Where feasible, subdivisions shall be designed so that access to a development is not street.
level-lower have access available viaProposed subdivisions fronting on freeways or expressways shall be designed so as to .following access design standardsand each of the Section
60.400.040Din standardsspacing site level driveway h the wits shall be designed to facilitate compliance General Development PlanLand subdivisions and Credits shall not be given
for land that is dedicated for trails adjacent to roadways. system nd on the City’s park that the use of that trail will reduce dema sand Recreation Director determine sParkif the
other trails use trails or -multifor Credits for parkland dedication may be granted for land that is voluntarily dedicated out the year.usable condition through maintained inshall
be 400.040C.6Section 60.required by this use trails-bikeways, and multiSidewalks, .use trail-bikeway, and/or multiminimum width of any required sidewalk, encroach into the required
and poles, signs, trees, and other obstructions shall not Vehicle parking, garbage containers, merchandise storage or display, utility boxes Public Works Design Requirements.adopted
City’s trails shall comply with the Use-Multiikeways, and BSidewalks, ignificantly minimized. Sextent practicable. to the maximum motor vehicle crossings Be located and designed
to minimize signed with destination and directional signing;-Be well a safe and convenient manner; Connect to the street system in width easement between the rear or side lot lines
of a parcel;trail 30 feet in feet in width if adjacent to a street or other public land; or 21 Be a minimum of: use trails shall:-Multi 175 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota CirculationSubdivision Level Connectivity and : Section 60.400.040C ss and ConnectivityAcce Section 60.400.040
354 All parcels included as part of a single development plan; All contiguous parcels under common or related ownership; evaluating driveway permit requests, the boundary of a site
is considered to be:for access management. For the purposes of he Cityadopted by t policies, or regulationslanspand Section 60.400.040access that is inconsistent with the standards
of this Changes in property boundaries or ownership do not create the right to obtain additional gross vehicle weight.ver 20 additional daily vehicle trips made by vehicles exceeding
30,000 pounds in O 10 percent increase in average daily trips; or A n increase of greater than 50 peak hour directional trips;A in:use results esidentialr-non change to a A new
driveway permit will be required when any be issued until the traffic study process has been completed. shall Where a traffic study is required for any proposed development, no driveway
permit ion of any new or modified access point. constructis required prior to the approved by the applicable Road Authority A driveway permit .ModificationMajor ASection 60.500.070B
modification of those requirements is approved pursuant tonless a uis located, the property whereand master plans approved subdivision plats those shown on driveways, access, and
connectivity shall be consistent withSite level streets providing access. n adequate level of capacity on the individual private properties with the need to preserve ato balance the
need for providing access to Section 60.400.040Dthis The purpose of .prior to recordingon plats be reflected on subdivisior limitations on access and/ ,permitted accesscirculationand
required connectivityhe City may require that tlaw, state Unless limited or prohibited by ccess control authority.Authority astreets may be imposed by requiring subdivision plats
to dedicate to the proper Road level-higherVehicular ingress and egress restrictions along the frontage of arterial or 176 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040
355 case basis to ensure that any --any interchange area will be addressed on a casemile of ramp junctions along the minor crossroad of quarter-oneSpacing of access within ., as
determined by the City Engineerhigher level of safety or improved traffic operations sprovideway driveway -the applicant can demonstrate that the onedriveways where way -tween driveways
may be reduced through the use of oneThe minimum separation be May require installation of turn lanes.\[4\] the driveway and the nearest point of curvature of the intersecting street.ration
between a driveway and intersecting street shall be measured from the centerline of Access sepa\[3\] separation between driveways shall be measured from edge to edge. Access\[2\]
classification and street design volumes.All traffic volumes refer to the functional .and Comprehensive Plan Street Classification Map Plang Range Transportation the based on and defined
by sRoadway types refer to anticipated cross section \[1\] 1,200 feet 1,000 feet 480 feet 400 feet 150 feet 125 feet 75 feet 60 feet 35 feet 8 feet .Section 60.400.040Dunderstanding
that access will be permitted subject to satisfying the design objectives of . Where the indicated spacing is met, there is a presumptive extent practicableshall apply to the maximum
1-400.04Table and an adjacent street intersection shown inspacing between adjacent access locations or a proposed access location The minimum .divide that lotThe entirety of a
Lot of Record prior to an application to ;Cdate of this adoption created after the may be lotsadjacent parcels on which or any adjacent lots that building is to be located together
with wherelot building, the erection of the the first development on a property involving he application is forWhere t 177 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040
356 applied to mitigate the condition;lutions that can be use joint access, and the lack of engineering or construction soincluding the lack of a secondary access to another public
street, the inability to Conditions or circumstances exist that limit the strict application of this UDC, met.ollowing criteria are variance from minimum access spacing standards
if the f approve aThe Zoning Board of Appeals will .VarianceASection 60.500.070Cvariance pursuant to g can meet the criteria in Subsection c above, the applicant may apply for a of
spacinIf the City Engineer determines that no alternative access exists, and that no modification substandard access.grant that modification and approve willmotor vehicle safety,
the City Engineer not create material risks to pedestrian, bicycle, or modification of spacing standards willIf the City Engineer determines that alternative access is not available,
and that a standards.require that the alternative access be used, rather than modifying the minimum spacing s available, the City Engineer may If the City Engineer determines that
alternative access i this UDC.Access provided jointly with an adjacent property that will meet the standards of Access to another street that meets the standards of this UDC; and
s available. Alternate access includes:First determine whether alternate access i :City Engineer shallcannot be provided, the Section 60.400.040Dstandards in this Where access meeting
the equipment. firefightingaccess lanes caused by eneath fire The City of Rochester shall not be liable for damage to underground utilities b than strict compliance with those standards
in Subsection b.fire risks Fire Department determines will provide equal or better protection from that the tigate risks from firesspace separation, and automatic fire extinguishing
systems) to mialternative means (including but not limited to fire resistant roofs, fire separation walls, may substitute an applicantabove, in Subsection b In lieu of meeting the
standards by the City. standards adoptedrelated and all Rochester Fire Code the comply with and construction and design standards shall locations oadrccess apparatus aire fand ane
lire Except as described in Subsection c, f .fire regulations pf the Cityomplies with the adopted vehicles and emergency apparatus from a public street that cdo not have frontage on
a public street shall provide access for fire thatAll developments area and do not compromise the functioning of the ramp operations.interchange resulting access locations protect
the safety and operational efficiency of the 178 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, an: Section
60.400.040D Access and Connectivity Section 60.400.040
357 conflict for traffic on the site is provided to prevent the spill back of traffic onto between the curb line and the first point of Sufficient vehicular stacking distance .revent
the queuing of inbound traffic from impacting mainline trafficP ; and revent the encroachment of turning vehicles on mainline trafficP inimize speed differentials with mainline highway
trafficM :s needed toAuxiliary lanes are provided a uate stopping sight distance and intersection sight distance is provided;qAde and exiting adjacent driveways;adjacent driveways
is sufficient to safely minimize conflicts between traffic entering tersection, and spacing from provided to preserve the functional integrity of the inAdequate corner clearance from
any adjacent street intersections has been practicable:property and that all of the following standards have been met to the maximum extent low reasonable access to the if the City
Engineer determines that the permit will alResidential or Multifamily use may be approved -A driveway approach permit for any Non :to the maximum extent practicable have been metstandards
all of the following that le access to the property and permit will allow reasonabthe that sthe City Engineer determine may be approved if useamily fMultior Residential-Nonpermit
for any approach driveway A available for use.becomes UDCshall expire when the access required by this right to access which ,streetapprove temporary access to another willCommunity
Development Director the which case, in cannot be met because adjoining segments of planned street are not yet constructedUDC of this requirements accessrtificate where the eConing
ZAn applicant shall not be denied a .to the maximum extent practicableThe applicant has mitigated the negative impacts of proposed substandard access that the permit issued will
allow a reasonable use of the property; andant and Limiting access will create an exceptional and undue hardship on the applic to the safety of motorists on the roadway;The proposed
access will not result in undue delay or congestion or be detrimental 179 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways,
Access, and : Section 60.400.040D onnectivityAccess and C Section 60.400.040
358 determines that the permit will allow reasonable may be approved if the City Engineerfamily detached, duplex, or triplex dwellings -A driveway approach permit for any single All
driveway approaches shall be constructed per Engineering Standards way approach at sidewalk line must be within the lot served.Edge of drive the Engineering Standards.Driveway must
be tapered to match driveway approach at the back of the walk per residential and multifamily. -all nonmovements from parking lot unless otherwise designated by the City Engineer
for ng on the turning Driveway approach will be a maximum of 25 feet dependi .access will not create conflicts with abutting roadway trafficThe andaccess and nearby intersectionsto
allow for proper signal coordination and adequate left turn storage needs at the ocated so as Traffic Control Devices (MUTCD) and, in the case of traffic signals, are lthe requirements
of the Manual of Uniform with compliesoperation of the access The installation of necessary traffic control devices for the safe and proper ;with disabilitiesons persand ,The access
provides for the safe crossing of pedestrians, bicyclists ;way--rightthe access should not interfere with the drainage system in the public and width. The drainage design of ,angle
of entry, design speed and driveway slopeng radii, The design of the access satisfies standard geometric guidelines for turni of the street;located across the roadway in order to limit
conflicts within the mainline or median Access locations have been properly offset from driveways or street intersections channelization shall be used as appropriate to accomplish
conflict reduction;inbound and outbound left turning traffic. Median design features and driveway Appropriate conflict reduction measures have been provided to safely manage ng the
normal weekday;maximum peak period inbound traffic duriadequate to absorb the of 25 feet, a minimumpublic streets. This distance shall be 180 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040
359 equipment required for the functioning of the access point.and any associated traffic operation and maintenance of the access construction That the applicant be required to participate
in the cost of design, installation, operation, certain turning movement; and/oris available, the temporary access be eliminated, altered, or limited to 60.400.040CSection means
of access is available that better meets the objectives of this be designated as temporary access, and that when an alternative Section 60.400.040Cone or more of the objectives in
this That an access point that does not comply with from other designated properties to be served by the joint use driveway or access;the property owner shall record an easement with
the deed allowing cross access to and rement is made a condition of approval, point to adjacent properties. Where such a requiThat unobstructed and unencumbered access be provided from
the approved access Engineer may require:the City above, 7o ensure compliance with the approval criteria in Subsection If necessary t Driveway approach leads directly to a
garage structure. Located on a corner lot. Side street lot lines are at least 90 feet in length. metry driveway approach will only be allowed if the following conditions are Seconda
All Driveway approaches shall be constructed per Engineering Standards. Edge of Driveway approach at sidewalk line must be within the lot served. the Engineering Standards.eway must
be tapered to match driveway approach at the back of the walk per Driv triplex dwellings. family detached, duplex, and -exceed the width of the driveway pad for all singleDriveway
approach with no garage structure will be a maximum of 20 feet not to mum width of 32 feet, unless otherwise designated by the City Engineer.with a maxiDriveway approach will be less
than or equal to the width of the garage structure, maximum extent practicable:access to the property and that all of the following standards have been met to the 181 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040
360 .Section 60.400.040D.11.bs in this shall comply with the standard 60.400.040D.9Section subject to this roperties . All other pBuilding Entrances60.200.030L.3.dSection comply with
the standards in also shall sdistrict-and MX-in the MXProperties .to the maximum extent practicablein lanes, and solid waste storage and collection areas-through loading areas, driveavoid
crossing or directing traffic shall ramps pedestrian and bikelocation of . The , bicyclists, and people pushing strollers or cartspersons with disabilitiesramps shall be located at
convenient and safe locations for Pedestrian and bike .paving walkwaywith a break in continuity of the driveway paving and not in the pedestrian ,aislescrosses driving lanes or walkway
and layout shall be continuous as the pedestrian Walkways shall have a paved surface width of not less than five feet. The material .frontagespublic street feet and six feet above
grade from primary building entrances to between twoclear sight lines shall provide, and /or public streetsand entrancesfrom primary building backlighting to make the pedestrian silhouette
clearly visibleilluminate crossings and/or create incorporating features such as lighting an security, be designed to maximize pedestrishall Pedestrian walkways edge of the landscaped
area.outer is constructed at the walkway pedestrian site -perimeter of landscaping that does not exceed 30 feet in width and an onf the edge of the building is bordered by a , or iwalkwaysite
pedestrian -by an onof a public sidewalk and the building entrance is connected to the public sidewalk the edge of the building is within 20 feet This standard does not apply ifparking
lot. h when the wall is located next to a street or building greater than 100 feet in lengtA sidewalk shall be provided immediately adjacent to the exterior wall of a new configuration
allows for direct pedestrian access.aligned solely based on the outline of a parking lot configuration unless such a and and shall not be located origin and destination directly and
continuouslyconnect areas or points of pedestrian Walkways shall be located and aligned to .1,000 feet of the lot boundarylocated within transit stops any bus orto to provide convenient
access be designed and shall a property frontage, along public sidewalk at least oneto building primaryof a entrance pedestriaeach primary Walkways shall be provided to connect
area.of gross floor 8,000 square feet uctures with less thanin strexcept Household Living uses The following standards apply to all new development and redevelopment in all districts
182 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota tivityConnecSite Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section
60.400.040
361 Buttress and arched entry. Raised corniced entryway parapet; or Prominent building address, building name, and lighting; ;Mural Pilasters or façade modules; details:The pedestrian
entrance shall contain at least three of the following architectural of pedestrian trafficoints in areas with highest concentrations p minimize potential hazards and conflictn shall
be incorporated into the site design, which shall Traffic calming desig space. an alternative design will provide a better pedestrian orientateddetermination that upon waive this
requirement for some or all of the units, willDevelopment Director he Community Taccess entries from the building exterior. provided directwill be facing sides of the building-All
ground level residential units along all street , corner lots shall provide a primary entrance at the corner.residential usess for ground floor façadeand excluding building aximum
extent practicableTo the m the ground floor.To the maximum extent practicable, an entrance shall be provided every 30 feet on One primary pedestrian entrance shall be provided for
every façade facing a street. 183 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ConnectivitySite Level Driveways, Access, and : Section 60.400.040D
ityAccess and Connectiv Section 60.400.040
362 transit stops, building entries, along display windows, and over outdoor dining areas. rotection in public spaces such as shall provide pedestrian weather p Each development of
these screening requirements that would impair their functions.Solar Collectors, and other alternative energy systems are exempt from any portion Mounted -pment, BuildingCommercial
Wireless Telecommunication Service equi wall.equipment shall be the same color as the roof or the same color as an adjacent mounted -To reduce visual impacts on abutting properties,
the color of roof facing property boundary.-each streetevel on l-the mechanical equipment from all sides when viewed from ground building’s architectural design, with a parapet wall
height sufficient to screen Screened by a parapet wall or similar feature that is an integral part of the facing property boundary; or-from ground level on any streIntegrated into
the design of the structure so that the equipment is not visible mounted mechanical equipment shall be:-Roof Screening EquipmentMounted -Roofection 60.400.070F.1.eSquirements of
comply with the reto dwith Subsection 5 above may also be use complyThe features installed to 184 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ConnectivitySite
Level Driveways, Access, and : Section 60.400.040D Access and Connectivity Section 60.400.040
363 .applicable to the property due to prior development approvalsnecessary because the application complies with avoidance and mitigation measures already is not Site Development
Planthe that review determinesDirector Community Development the ess unl sapproval Site Development Planand subdivisionapplies to all Section 60.400.050DThis natural environment.into
waterways and to protect, preserve, and enhance the pollution reduce and grading, , drainage, stormwater ,earthworkestablishes standards that regulate Section 60.400.050This Section
60.400.050 .Oriented Lighting-PedestrianSection 60.400.100E.6 the standards in Lighting that complies with ; andseat per 60 square feet of plaza area or open space, whichever is greateror
one individual edgeor l bench, such as a At least two square feet of seating area material;Paved walking surfaces of either concrete or other approved paving the site from a public
or private street or internal roadway;) into persons with disabilitiesaccess for Visual and pedestrian access (including ntains, or other similar aesthetic feature;At least one type
of artwork, fou oriented space-entrance and the pedestrianbetween the primary building Landscaping that does not act as a visual barrier oriented space that includes:-evelopment
shall provide a pedestrianEach d designed with architectural and landscape shade elements.West and south exposures with plazas, patios, entries, or pedestrian areas shall be individual
storefronts and reduce the architectural scale of the building; andprotection features to emphasize must use a variety of weather Business centers feet above the walking surface;
eightleast side edge of the canopy or awning shall be at -feet at the lowest point. The street eightthan 15 feet above the ground elevation at the highest point or lower than Canopies,
awnings, or other similar weather protection features must not be highe entry, canopy, porch, marquee, or building overhang;individual business, and individual residence entries. This
may include a recessed is required over all primary building, feet deep fiveWeather protection at least standards:comply with the following features shalledestrian weather protection
Required p 185 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.050A Sensitive Lands, Wetlands, Stormwater, and Drainage Section
60.400.050
364 development rate or volume.-below, its pree increased over, or substantially reduced Stormwater drainage into a wetland shall not b in section 60.200.040E.based on the USDA Soil
Survey groundwater supported wetlands on the Decorah Edge overlay Map and or Hydric Soils lineation is required for all development that has Decorah Edge soils or A wetland de 8420.
chapter Rules WCA-BWSR utilizing Panel Evaluation Technical the Engineers Corps the and BWSR DNR SWCD, the with LGU, the approved plan, replacement Wetland a without prohibited is
wetland delineated a filling dredging, Drainin wetland.No temporary or permanent structure shall be allowed within 25 feet of a delineated delineated wetlands after the effective
date of this ordinance.A wetland buffer area extending 25 feet from a delineated wetland is required on all above: DIn addition to complying with Subsection .shall be avoided
to life or propertycreated hazards -ther natural or humanor ooccurring within the depth of construction activities, lateral groundwater flow wetlands, high water table, or have difficult
topography, unstable soils, that are subject to periodic inundation, subsidence of the earth’s surface, Development of lands .Stormwater Discharges4, -and 6 ,Wetland Conservation3,
-Chapter 6standards including stormwater discharge requirements in Rochester Code of Ordinances apply in addition to any applicable engineering Section 60.400.050FThe standards in
this .OverlayShoreland District –SDO Section 60.200.040F, and Floodplain Overlay –FPO 60.200.040ESection Decorah Edge Overlay -DEO Wetland Conservation and the Section 60.200.040Dn
to any applicable standards in apply in additio Section 60.400.050FThe standards in this applicable regulations adopted pursuant to those laws.law and ederalfor tate s his Section
60.400.050 apply in addition to any applicable standards inThe standards in t law. ederalfor tate s , the stricter regulation shall govern unless otherwise required by60.400.050Section
tandards applicable to the same land or activity subject to this conflict between sn case of a including but not limited to those listed in Subsections C.1 through C.3 below. I apply
in addition to other applicable standards, Section 60.400.050The standards in this 186 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ther Standardsto
ORelationship Section 60.400.050C Sensitive Lands, Wetlands, Stormwater, and Drainage Section 60.400.050
365 Section 60.400.050and this adopted drainage or stormwater policies and of the Rochester Stormwater Management Plan the standards comply with and grading plans shall be designed
to Stormwater Management within a dedicated drainage easement that provides sufficient width for maintenance.The City may require any water course or stormwater management facility
to be located design criteria.lan and other public works Panagement Mtormwater SComprehensive ’with the CityAll stormwater management facilities shall be designed and constructed
in conformance .crossingthe related torequire mitigation of impacts may , conditions attached to that permitble permit is required. If a revocaor structurethe fence to allowapproved
has beenor a revocable permit retention or detention facilityreduce or restrict the flow of water, unless part of an approved couldthat easement channel or hall be constructed across
an open drainage No fences or structures s costs.term maintenance -and reduces long ,Management Plan, benefits groundwater rechargeconsistent with the Stormwater provided that it
is ,by the City Engineerapproval subject to allowed unoff is control stormwater r The use of overland drainage and retention extent practicable.to the maximum identified by the
City other best management practices raingardens, andbioswales, f stormwater shall be accomplished through the use of management osite - Stormwater Management Plan.Comprehensive the
to a receiving body of water such as a lake or river and proposed runoff is consistent with management facilities are adequate for the conveyance or if the development is adjacent tormwater
Greater runoffs may be permitted by the City Engineer if downstream s .as described below the development unless otherwise permitted by the City Engineerdetained within the development
and released at a rate no greater than existed prior to shall be site change of use activity on the , redevelopment,storms due to developmentfrequency year-100year and -year, -2runoff
from the rate or volume of Increases in turbidity.will not disturb vegetation or increase thatat a rate silt and debris and shall be discharged from a construction site directed
to a wetland shall be substantially free of Stormwater runoff 187 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota StormwaterSection 60.400.050F lands,
Stormwater, and DrainageSensitive Lands, Wet Section 60.400.050
366 , required recreation area.DwellingsMultifamily account the potential need for accessory buildings and, in the case of street parking is required. The site grading plan shall also
take into -areas for offand In the design of site grading plans, the provision of adequate buildable areas Installation of utilities not involving other surface grading. The excavation
for footing/foundation does not require an approved grading plan. Whenever a Comprehensive Surface water Management Plan is required. exceeds an accumulative total of 50 cubic yards
of material.equals or a site When any land disturbing activity involving the excavation or fill of earth material on and t of area;disturb over 10,000 square feewas not included in
a previously approved grading plan and will thatdevelopment involves a thator conditional use Zoning CertificateAs part of an application for a As part of an application for a
Final Plat; e required:bAn approved grading plan shal way.--stockpiled or deposited on any improved public rightMaterial excavated from or to be used as fill on any lot under development
shall not be shall be noted on the plans. An acknowledgment that all local, state, and federal requirements have been met activities requiring a grading permit regardless of disturbance
area. h the MPCA Construction Stormwater Permit is required of all Compliance wit .following standards the and Control Agency’s Construction Stormwater Permit,the Minnesota Pollution
standards,ngineering e City ,Stormwater Management Plan Comprehensivehe plans for erosion and sedimentation control shall conform with the T .practicesdetention and retention drop
structures, and stormwaterculverts, such as drainageways, borrow and stockpile areas, and drainage structureserodible slopes, streambanks and shorelines, , but are not limited to,includeaddressed
during construction and following final completion of a development. The areas to be soil erosion and sedimentation will be minimized howGrading Permits shall address 188 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Control, Grading, and Stormwater ManagementErosion : Section 60.400.050G Sensitive Lands, Wetlands, Stormwater, and Drainage
Section 60.400.050
367 Section 60.400.060 .approval Engineer Citysubject to are facilities stormwater managementPlans for pervious pavers shall be calculated as impervious areas. approved by the
City, areas covered by are here the use of pervious paversW adopted drainage or stormwater policies.ter Stormwater Management Plan or The plan shall be consistent with the Roches
stormwater management for the development. calculations performed and assumptions used to design the site, site grading, and all applicable rules, regulations, and standards. It shall
present all engineering th demonstrate compliance wishall be prepared to Stormwater Management Plan Other development requiring a grading plan, unless waived by the City Engineer.
subdivisions; andincluding lands Stormwater Management Plan Any lands not covered by a detailed or conditional use approval; Zoning Certificatephase development requiring only -The
master plan of any multi prepared;has been Stormwater Management Plan no whereA Preliminary Plat of land ;establish proof of conceptbut provides enough engineering to Development
Plan is conceptual in naturefor a General lan Panagement Mtormwater Simpervious surface area. The involving an increase in Development PlanSite A General Development Plan or ll accompany
an application for:sha lanPanagement Mtormwater S .standardscity, state and federal regulations and applicableall Management Plan and structed in accordance with the standards established
in the City’s Stormwater confacilities shall be designed and stormwater managementAll interim and permanent approval City Engineer are subject tofacilities stormwater managementPlans
for away from buildings towards approved drainage facilities. with a positive drainage flow Developments shall be designed and constructed 189 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Boulevard Trees: Section 60.400.060A Landscaping, Bufferyards, and Fences Section 60.400.060
368 pavement improvements. term plan for -with a longDirector Public Works unless found to be consistent by the established for the sidewalk required for the property and driveway approachoutside
of the area applicantNo boulevard shall be paved by the property owner or Authority responsibility.idor plan identifying boulevard infrastructure as a City or other Road covered
by a corrD districts and in areas of the City -The following provisions apply except in the MX planting plan based on unusual or newly discovered site conditions.may authorize deviations
from the submitted Director and Recreation The Parks .to the maximum extent practicable Commercial Buildings with Business SignsPolicy on Boulevard Tree Placement and for Standards
Associated with New and Recreation Department sPark Boulevard tree placement shall comply with t Planting Standards 60.400.060ASection planting spaces is determined by the standards
of required The number of plan.a complete planting and approve review shall and Recreation DirectorThe Parks Plan approval or Zoning Certificate/building permit). ent Council or
as part of a Staff level development permit approval (Site DevelopmThe planting plan must be submitted and approved prior to final action by City prior to planting within the boulevard.and
Recreation Director Parks be obtained from the mustit . A Boulevard Tree Planting Perm60.400.060B.12Section All boulevard tree installation shall meet the minimum standards Section
600.400.060A,4.as described in lieu is made to the City--payment600.400.060E, or a prior ection as described in S Boulevard Tree Green Facilities Agreementterms of a the property,
unless otherwise allowed by the terms of the development agreement, Boulevard trees shall be installed prior to or concurrent with the development of the evelopment PlanSite D Conditional
use permits; or Subdivisions that require Planning Commission approval; plats that require City Council approval; subdivision Final Boulevard trees shall be required for the following
types of proposed development: the City. areas ofstreets in all to establish trees on boulevards on public Section 60.400.060AThe purpose of this 190 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Boulevard Trees: Section 60.400.060A Landscaping, Bufferyards, and Fences Section 60.400.060
369 lieu to the City.--aymentrequire a p will, then they in order to preserve the visibility of signs is not feasible 60.400.060ASection with this If the Parks and Recreation Director
determines that compliance because the trees would interfere with sign visibility or with infrastructure.is not desirable Section 60.400.060A.4this ed by requir installation of boulevard
trees and Recreation determines that sif the Director of Park will be permitted 60.400.060ASection in this requirement to plan boulevard trees as describedlieu of the --A payment
boulevard trees will not be permitted.does not apply where the Road Authority determines that Section 60.400.060AThis .ential impacts on tree health or nearby areaspotand may be
denied or subject to conditions to mitigate and Recreation DirectorPlanting on slopes steeper than 60 degrees requires additional review by the Parks .sidewalks (normally measured
from the property line)the intersection of ulevard tree andbetween a boof 25 feet A minimum separation of 20 feet shall be provided from roadway street lightingA minimum separation
.equipmentground utility -aboveeparation of 12 feet shall be provided from A minimum s measured at the property line.riveways as eparation of seven feet shall be provided from edge
of dA minimum s for commercial properties. between the trees located within the boulevard residential properties and 35 feet for between trees located within the boulevard e spacing
shall average 50 feet Tre extent practicable.with the following standards to the maximum shall comply Planting of boulevard trees .DirectorPublic Works established by the standards
and specifications for turf restoration and boulevard treatment as apply the Development requiring planting of boulevard trees shall be required to outside of the allowed pavement
for sidewalk and driveway approach.All boulevards must be vegetated with turf grass or other approved landscaping surrounding each tree.meable surface paved per-location shall have
a minimum of 60 square feet of nonWhere the City permits paving within the boulevard by separate permit, each tree 191 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota vard TreesBoule: Section 60.400.060A Landscaping, Bufferyards, and Fences Section 60.400.060
370 .Directorand Recreation spayment shall be submitted to the Park. The will be accepted by the City lieu-in-paymentwhether a determineDirector shall , the Community Development
Director and Recreation sAfter consultation with the Park an annual basis by the City Council.A fee for boulevard trees and installation shall be established on on public rights of
way.. The funds may only be disbursed for the establishment of boulevard trees constructionyear of completing one d within neighborhood tree fund and shall be expendeshall be placed
in a Section 60.400.060A.4All payments collected pursuant to this .established by City Councilrastructure constrictions multiplied by the annual fee the purpose of sign visibility
or infcomputed based solely on the number of boulevard trees reduced by the applicant for greement. The calculation of the amount of the cash payment required shall be aevelopment dthe
agreed to inby the City, or as pproved aConditional Use Permit pursuant to a Development Plan or issuance of a Zoning Certificate/building permit Payment shall be made prior to the
recording of the Final Plat of the subdivision or lieu” requirements.--Compliance with the “payment andAltering sign location, design, height, or sign type; Trimming of trees to
provide business visibility; Substituting understory for canopy trees; and Recreation Director); sParkcludes a reduction in the separation distance between trees acceptable to the
inThe grouping of trees that may also include alternate tree species (this principle Use of alternate canopy tree species; .lieu)--paymentapplicant shall be required to comply with
modification 1) in lieu of submitting a 1) and 3) are practicable, the if both modifications ,first in the list shall be required (e.g.modifications listed below are practicable on
the property, the modification appearing determines that more than one of the and Recreation Director property. If the Parks on the practicable installation requirements listed in
Subsections 1) through 6) below arenone of the modifications of boulevard tree planting and and Section 60.400.060Dtrated that the trees or planting spaces cannot be provided as specified
in demonslieu will not be approved unless the City finds that the applicant has --A payment 192 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota General
Landscaping: Section 60.400.060B FencesLandscaping, Bufferyards, and Section 60.400.060
371 .swindowinterior building areas by providing open space adjacent to To enhance the livability of ; and/orFor passive or active recreational purposes ;way or adjacent residential
properties--when viewed from the adjacent rightent To provide aesthetic benefits by providing a feeling of openness to the developm ;recreation To separate use areas on the development,
such as circulation from of the following purposes:serves one or more thatshall be developed in a manner Private or common landscape areas ce of at least 40 feet.frontage on the
common or public open space for a distanhave thatway --or accessways leading to the common or public areas, or public rightsthrough adjacency of the private lots or buildings to the
common space, the use of walkways y be provided either be accessible to all residents of the development. Such access ma mustWhen landscaped area is provided through either common or
public means, the area requirement.to meet the landscape area usedit has been wherearticular development the parea is designed primarily for the residents of the and enjoyment of
the general public, in fee to the local governing body or one of its agencies. While maintained for the use has been dedicated thatndscaped area is a form of common landscaped area
Public la of the occupants of the development.is designed and intended for the common use or enjoyment thatdedicated for public use Common landscape area is land within a development
not individually owned or .the control of the owners of the principal structure or use on the lotPrivate landscape area is land located on the same zoning lot as the principal use
under the following three forms.may take one of pe area ownershipLandsca informationrequired required plantings shall be accompanied by a landscape plan that includes all Any application
for a Zoning Certificate or Conditional Use Permit involving the installation of ecosystems biodiversity and aesthetically pleasing development that will protect and improve Rochester’s
foster to and improve Rochester’s vegetated environment is to Section 60.400.060Bthis The purpose of 193 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences .060Section 60.400
372 .Section 60.500.070Aas provided for in and of a revocable permit following approval way--right. Landscape area may be partially within a public Road Authorityfrom the way if permission
is obtained --Landscape materials may be planted within the public right .or downspouts ,guttersEaves, ; andUnenclosed balconies ;such items projects more than six feet into or
over the landscaped areaor air conditioning units, provided no ,Unenclosed terraces, fire escapes, planting boxes sidered obstructions when located over any landscaped area:The following
shall not be con integral part of the building.or similar passive recreation areas that are an ,Balconies, screened porches, terraces ; andreational buildings, including storage
sheds and carportsrec-Non ;60.400.060B.6Section serve four or more parking spaces; except as provided for in thatDriveways Open parking areas or parking garages; way for streets;--Public
or private right may not be counted as landscaped area:what are examples ofThe following or grassed waterways. ,such as lakes, ponds, wetlandsAreas developed for either passive
of active recreation at ground level and natural areas to view and use by the public; and building and are openare directly oriented to the major pedestrian entrance of the thatPlazas
within a building Pedestrian and bicycle paths; ;Section 60.400.060B requirements of thismeet the other thatunderground facilities Ground surface areas located above ;shall be
permissible landscaped areats with four or less unistreet parking for residential buildings -serve parking areas providing off thatDriveways ;area) recreationstructures or improvements
qualifying as usable substantial improvements (exceptand other ,are free of buildings, structures thatand bufferyards ,equired yards, courtsR :Landscaped areas include 194 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060
373 center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-3 deciduous or evergreen shrubs of minimum 3 1 understory tree; or 2x and R3-R
requirement. boulevards trees, etc. cannot be counted toward the minimum planting Plantings required by some other provision of this UDC, such as bufferyards, shall be located on
the lot. 1-400.06Table Minimum planting as described in T districts. -D and MX-These requirements do not apply in the MX with four or more units, for front yards and, where applicable,
street side yards. s, and residential uses residential use-requirements shall apply to all non The landscaping, to include plantings beyond grass. are intended to enhance diversification
of the sectionThe base planting requirements in this nother development.the requirements for a comply withnot be used to development to meet ordinance requirements. Landscape area
for one development may subdivided, or developed unless adequate landscape area remains for the original area for a development shall not be sold, Land designated as the required landscape
space land and provide for maintenance responsibility.-subdivision of the openrestricted private ownership that shall prevent development and/or subsequent -Deed s association.’homeowneror
applicantining with the agency with ownership and maintenance responsibility remaDedication of development rights of open space may be made to an appropriate public responsibility
for its maintenance.s association that assumes full ’mon ownership of the open space by a homeownerCom willing to accept the dedication.is entity Dedication of open space to the City
or an appropriate public agency, if either identified as “common elements.”Through the use of condominium agreements in which all landscaped areas are maintain the area; property
owner or an entity acceptable to the City to preserve andOwnership by the property owner subject to an agreement with the City obligating the maintained by any of the following mechanisms:mon
or public landscape area may be owned, preserved, and diminished or destroyed. Comshall be maintained so that use and enjoyment as open space is not sLandscape area 195 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060
374 (AAN) for the number and grade.All plant materials must meet specifications of the American Association of Nurseryman g locations. alternate plantings or plantinrequirements
of this Section, the Community Development Director may authorize Where lot size, topography, easements, or other constraints preclude complying with the the Community Development
Director.al of may be substituted with the approv Planting in Easements, 15,60.400.060B Trees shall not be planted in utility easements. Other plantings, as described in 60.400.060B14.in
not interfere with Visibility Triangle requirements, as described d plantings shall From time of planting through maturity, front and street side yar canopy tree.of the required canopy
trees at a ratio of 2 understory trees per every 1 required to or underneath overhead utility lines, understory trees shall be provided instead d adjacent existing or proposed overhead
utility line. Where canopy trees are requireNo tree that has a mature height of 25 feet or greater shall be planted beneath an and understory trees shall be no closer than 10 feet
from a building foundation. ding foundation, Canopy trees shall be planted no closer than 12 feet from a buil foot minimum height requirement within two years of planting.-\[1\] Shrubs
must meet the 3 center \[1\]feet of lot frontage, planted at least 3 feet part on every 30 linear height for -foot-3 deciduous or evergreen shrubs of minimum 3 4 understory trees; and
3 canopy trees; or BP, LI, and SI center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-n shrubs of minimum 33 deciduous or evergree 1
canopy tree; and G-C, and MX-S, MX-N, MX-MX center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-3 deciduous or evergreen shrubs of minimum
3 2 understory trees, and 2 canopy trees; or R4 196 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping,
Bufferyards, and Fences Section 60.400.060
375 street of the triangle or, if no curb exists, from the curb on the street adjacent to the nearestVertical measurement shall be made from the top of the above curb grade feet nineand
that extends into the vertical space between three feet ks)nlandscaping (other than tree truthere shall be no ilding setback,a front or side street bu In any zone district that requires
required.approval meet or exceed the ordinance requirements, no additional guarantee is governmental authority, such as FHA Approval Requirements, and these conditions of her Where
financial guarantees are required for such improvements under ot incurred by the city for completion of the work in case of default.ity shall be entitled to reimburse itself out of
said funds for any cost and expense CThe f the required plantings. including materials and labor, of installation opercent of the total cost, All financial guarantees shall be equal
to the sum of 100 .plantings are installedthat all ensurereputable landscape firm, a performance bond or an escrow deposit to from a ceipt full re--installed, the applicant shall
provide a letter of credit, a paidbe required plantings forextends the time Community Development Director When the will optimize the chances of success for growth of the plant
materials. thatof the year imea tplanting at modifies that to allow Community Development Directorthe shall be installed prior to final building inspection unless UDClantings required
by this P .Minimum Plant Size 2-400.06Table in requirements provided they meet the minimum plant size specifiedto meet landscaping or bufferyard usedExisting, healthy plant material
may be height 3 feet Shrub, Evergreen height 15 inch Shrub, Deciduous heightfeet 6 Evergreen Tree eightfeet h 4 Understory Tree height feet 6 Stem Clump-Canopy Tree, Multi caliperinches
Canopy Tree, Single Stem .Minimum Plant Size 2-400.06Table in minimum size standards, all plant materials shall meet UDCin this otherwiseUnless specifically indicated .eor diseasnot
subject to blight and areaRochester if they are hardy to the s and forbs,native grasse, such as may permit other types of plant materials Community Development DirectorThe 197
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota General Landscaping: Section 60.400.060B Landscaping, Bufferyards, and Fences Section 60.400.060
376 shall be screened according to the following standards:(other than a Multifamily Dwelling) located in a Residential district to a Household Living use esidential districts that
are located adjacent R-treet parking areas in Mixed Use and Nons-Off be exempt from the landscape island requirements.shall way--behind or otherwise screened by a building from view
from the public rightard, contain 20 or fewer spaces, and are located are located in a rear yots that lParking b below., unless exempted under Subsection created by larger parking
areas to reduce heat island impacts and parking areasextensive visual impacts created by to reduce the ll primary use and accessory parking lotsaLandscaping is required for area.replace
plantings or landscaping removed or damaged during work within the easement not interfere with reasonable access to the utility facility. Utility Companies will not and shall Plantings
in utility easements shall be placed at the risk of the property owner, installed in or permitted to remain in the public utility easement. Ground cover, grass, and native grasses,
or hedges under three feet in heights may be ility facilities. the free movement of service vehicles, or placement and operation of utVegetation located on utility easements shall
be placed so that it does not interfere with lot line from the point of intersection of the driveway and lot line.along a driveway and property line from the intersection of two
streets, or by joining points measured 10 feet back 30 feet along the Horizontal measurement shall be edge of the nearest traveled way. 198 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Parking Lot LandscapingSection 60.400.060C Landscaping, Bufferyards, and Fences Section 60.400.060
377 .larger or smaller or more or less intensive than the existing abutting usedevelopment is regardless of whether the newRequired Bufferyard Type3-400.06Table as indicated inlines
with abutting properties shared propertyalong property edge buffering shall provide in all zoning districts and changes of use lopment,, redevedevelopmentew N .effects of the new
developmentuses from potential wind, dust, noise, traffic, glare, visual disorder, and harmful or noxious existing buttingproviding more privacy and protecting a as well as between
those land uses new development of different types, scales, or intensities by providing visual barriers isting development from abuttingis to buffer ex Section 60.400.060Dof this The
purpose type shade trees.-canopyciduous A minimum of 75 percent of the required parking area trees shall be de shall each contain a minimum of one tree and three shrubs per 400 square
feet.landscaping and boulevard/street trees, landscape islands bufferyardExclusive of internal access drives.rows, adjacent to lot lines, and used to define the location and pattern
of primary Landscape islands shall be provided in parking areas along the ends of parking minimum of 50 square feet.gth or width and a feet in len eightNo landscaped island shall
be less than Landscape islands shall be a sufficient size to accommodate required landscaping. percentage may be reduced to five percent.inimum landscaped islands permeable paving
is used for all parking spaces, then the mconsist of landscaped islands, unless landscaping or bufferyard plantings, must internal parking lot area, exclusive of perimeter percent of
the 21A minimum of interior area of parking lots shall be landscaped according to the following standards.Landscaped islands shall be included to break up parking rows and to allow
for drainage. The .e applicable Household Living useabutting thinstalled on all sides of the property A solid wall or fence no less than six feet in height line on all sides of
the property abutting the applicable Household Living use; orfer a minimum of 10 feet in width, measured inward from the property A landscape buf 199 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Bufferyards: 00.060DSection 60.4 Landscaping, Bufferyards, and Fences Section 60.400.060
378 canopy planting, 2, fMinimum width of 25 canopy plantings, 3, fMinimum width of 15 spatial separation without e impression of creates thand visual obstruction Functions as an
intermittent shrubs 8plantings, and 2 understory , fMinimum width of 20 and 2 shrubs, 2 understory plantings, splantingcanopy 2, fMinimum width of obstructionsual with a slight
viproperties demarcating individual Functions as a basic edge , as appropriate.Fences60.400.060Etion Sec berm or fence is selected, the berm or fence shall comply with the standards
of requiringption requirements specified under either Option 1 or Option 2. Where an omet with the combination of minimum buffer width and minimum screening the requirement may be Required
Bufferyard Level3-400.06Table is required in level ardytheir function, opacity, width, and planting requirements. Where a particular bufferoptions in terms of ryarddifferent buffe
twodescribes ,Bufferyard Levels4-400.06Table uired bufferyard is Level 2.When a residential use proposes 4 or more dwelling units, the req\[1\] None 1 1 1 1 2 None 1 None None
4 1 None 1 None 4 1 1 1 None 4 3 2 2 None; 4 = Level 4 Bufferyard3 Bufferyardvel Le2 Bufferyard; 3 = Level 1 Bufferyard; 2 = Level1 = None = No Requirement; 200 raftAdoption D
–June 2022 Unified Development Code Rochester, Minnesota Bufferyards: Section 60.400.060D FencesLandscaping, Bufferyards, and Section 60.400.060
379 berm orfence wooden tall f 6a 15 shrubs,7 understory plantings, canopy plantings, 4, f 53Minimum width of bermwooden fence or tall f 620 shrubs, and a understory plantings,
5canopy plantings, 6, etef 5Minimum width of 2 of total separationcreates a strong impression contact between uses and creen that prevents visual sFunctions as an opaque shrubs 15and
understory plantings, 7canopy plantings, 4feet, nimum width of 35 Mi and 20 shrubs5 understory plantings, , 6 canopy plantings, feetMinimum width of 25 residential uses-challenges
associated with to help mitigate the intensity aesthetically pleasing buffer Functions as a strong but shrubs 6and understory plantings, 3 shrubs 8and understory plantings, 4 adjacent
propertiesbetween visual contact eliminat 201 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Bufferyards: Section 60.400.060D Bufferyards, and Fences
Landscaping, Section 60.400.060
380 chain link. constructed of he front lot line shall not be completely opaque, and shall not be tIn all zoning districts, fences and walls located between the front of the primary
building and inches in height. the front lot line shall not exceed In all zoning districts, fences and walls located between the front of the primary building and .way--rightwithin
five feet of any alley No fence, wall, or hedge shall be placed closer than 18 inches to any public sidewalk or agreement with the abutting property owner.No fence, wall, or hedge
may extend beyond or across a property line unless in joint with the Building Code.comply with the following standards. Fences and walls installed to protect slopes shall comply slopes
from subsidence or erosion shall tAll fences and walls except those installed to protec .are met Section 60.400.060Drequirements of this so long as the use, the existing use may
expand its use into the original buffer areais required between the first use and the subsequently developed thatthe bufferyard out to be greater than Where the bufferyard between
a land use and vacant land turns are met. Bufferyard Levels,4-400.06Table requirements in the that or landscape features provided ,facilitiestrails, seating areas, stormwater use
-multi ways,bike ,sidewalksBufferyards may contain 202 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Fences, Walls, and Hedges: Section 60.400.060E
Landscaping, Bufferyards, and Fences Section 60.400.060
381 prohibited or invasive species;list of state uded in an adopted city, county, orDo not include invasive vegetation incl ;Section 60.400.060Are consistent with the purposes of
this :if the Director determines that the proposed alternativesCommunity Development Director ay be approved by the m Section 60.400.060Alternatives from the requirements in this
.Preservation or natural vegetation and/or public safety;Potential risks to of existing utility or other easements;location The ;elopment projects, particularly for infill and
redevUnique lot size or configuration Natural conditions, such as watercourses, natural rock formations, or topography; :ncluding but not limited toIalternatives are justified by
site or development conditions. when Director approved by the Community Developmentbe may Section 60.400.060this ing requirements in landscaping, bufferyard, and fencrequired the
of Modifications tional Electric Safety Code.aNents of the and hedges shall meet all applicable clearance requirem ,walls ,All fences bracing are not visible) shall face the abutting
Household Living use.district, the “finished” side of the fence (generally the side where structural supports and esidential zoning along a property line with a lot containing a Household
Living use in a RResidential zoning district -Use or Non Where a fence is installed on any property in a Mixed nearest traveled way.street of the triangle or, if no curb exists, from
the edge of the adjacent to the nearest. Vertical measurement shall be made from the top of the curb on the street Visibility Trianglein any above curb grade feet threeigher than
h fenceor obscuring or partly obscuring wall-, there shall be no sightacksetb building reetfront or side st In any district that requires used for vehicular or pedestrian traffic
including alleys. way--rightwith any feet to the intersection of a driveway No fence, wall, or hedge shall be placed closer than ilding by more than five feet. grade of the abuttingexceed
the shall not s lot, the fence may exceed the height limitations, but ’applicantlots is greater than that of buildings on the he grade of buildings on abuttingWhen t point; orhe elevation
of the surface of the ground at any feet above t height not to exceed Community Development Director may authorize fences and walls to have a maximum the through a zoning certificate,
In instances where public safety or security necessitate, :any point exceptthe surface of the ground at feet in height above the elevation oflot line shall not exceed six the front
of the primary building and the front located between notat are Fences and walls th 203 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ComplianceAlternative
Equivalent Section 60.400.060F Landscaping, Bufferyards, and Fences Section 60.400.060
382 All slopes shall be stabilized, as required by the adopted Uniform Building Code. .practicableto the maximum extent undisturbed areasand structures in order to preserve naturalor
disturbed land for roads, parking areas,-alreadySite design shall maximize the use of .Section 60.400.070Ein this as specifically statedexcep in all districts and redevelopments
new developmentsThe following standards apply to all as they relate to site and building design. , Loading, and StackingParkingSection 60.400.080 shall comply with applicable standards
Section 60.400.070All development subject to this , as they relate to site design.Access and ConnectivitySection 60.400.040 standardsapplicable shall comply with Section 60.400.070this
to jectAll development sub .Section 60.400.070stated in this eptionscsubject to exin the City specific development approvals-siteshall apply to al Section 60.400.070This Balance
the community’s economic and aesthetic concerns. site activities to adjacent uses; and-Minimize the negative impacts of on for extended building lifecycles; le usesmultipPromote building
designs and construction practices that are sustainable and adaptable to uses; residential-nonresidential neighborhoods and adjacent Enhance the pedestrian scale of new developments
and ensure compatibility between ithin Rochester;alue of property wterm market v-Protect and enhance the long Protect and enhance the character and quality of Rochester’s neighborhoods;
to:The standards are further intended .attractive, and sustainable development ,quality-foster highign standards that site and building desestablish is to Section 60.400.070The purpose
of this Section 60.400.070 .and adjacent public Parks or open spaces way--srightrior visual appearance of the property when viewed from public Provide equal or supe impacts of the
proposed development; andtraffic, or activity visual, noise, Provide equal or superior buffering of adjacent properties from anticipated 204 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Purpose: Section 60.400.070A Site and Building Design Section 60.400.070
383 Applicability diversification of the landscaping, to include plantings beyond grass. are intended to enhance sectionThe base planting requirements in this Planting RequirementsSection
60.400.060B.11 materials and installation incomply with the standards for permitted landscaping must The vegetative screen ; or installed on the sitewall or fencpermitted or another
type of (excluding unfinished CMU block)structures primary on the nearest wall of the colors and materials predominant use at least one of themechanical equipment being screened
and shall shall be of a height equal to or greater than the height of the or fence The wall the following criteria: iesscreen that satisfwall or fence or a vegetative and permanent
be screened from view by a solid space, public trails, public streets, or from adjacent properties, the equipment shall quipment is visible from public open mounted mechanical e-groundIn
cases when .all provisions of this UDC regarding location and screeningfrom adjacent properties to the maximum extent practicable, and shall comply with e not visible from public
open space, public trails, public streets, or they ar where shall be located )and all other mechanical equipmentand heaters, propane tanksventilating equipment, kitchen hoods and vents,
swimming pool equipment, pumps , and subpanels, air conditioners, heating, coolingprevention, electrical boxes, utility boxes, water backflomounted mechanical equipment (e.g., -Outdoor
ground Facility is also exempt from these standards.exempt from these standards if occupied by Household Living uses, the Residential Care ould be here a Residential Care Facility
occupies a dwelling structure that wW .standards), shall comply with the following Allowed Uses Table 1-300.01Table uses (as listed in ving, Public, Institutional, Civic, Commercial,
or Industrial Group LiAll Multifamily Dwellings .impracticablemake such placement made obstacles that -mannatural or to requirement is waived by the Community Development Director
dueunless this shall be placed and maintained undergroundlots individual lines distributionsconnecting other conduitsand ,lines , communicationsite electric utility, cable television-All
on shall be required.to produce a growth cover, the use of vines or other plant materials to screen the slope cted or other ground cover treatment cannot be expe ,Where the use of
seeding, sodding development and provide visual and aesthetic benefit to the community. development shall be required to stabilize slopes or to enhance the character of es created
by any new Revegetation or screening of permanent exposed slop 205 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Site Design: Section 60.400.070E Site
and Building Design Section 60.400.070
384 60.400.060B14.not interfere with Visibility Triangle requirements, as described d plantings shall From time of planting through maturity, front and street side yar canopy tree.of
the required canopy trees at a ratio of 2 understory trees per every 1 required to or underneath overhead utility lines, understory trees shall be provided instead d adjacent existing
or proposed overhead utility line. Where canopy trees are requireNo tree that has a mature height of 25 feet or greater shall be planted beneath an and understory trees shall be no
closer than 10 feet from a building foundation. ding foundation, Canopy trees shall be planted no closer than 12 feet from a buil foot minimum height requirement within two years
of planting.-\[1\] Shrubs must meet the 3 center \[1\]feet of lot frontage, planted at least 3 feet part on every 30 linear height for -foot-3 deciduous or evergreen shrubs of minimum
3 4 understory trees; and 3 canopy trees; or BP, LI, and SI center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-n shrubs of minimum 33
deciduous or evergree 1 canopy tree; and G-C, and MX-S, MX-N, MX-MX center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-3 deciduous or
evergreen shrubs of minimum 3 2 understory trees, and 2 canopy trees; or R4 center \[1\]every 30 linear feet of lot frontage, planted at least 3 feet part on height for -foot-3 deciduous
or evergreen shrubs of minimum 3 1 understory tree; or 2x and R3-R requirement. boulevards trees, etc. cannot be counted toward the minimum planting Plantings required by some other
provision of this UDC, such as bufferyards, shall be located on the lot. 1-400.06Table Minimum planting as described in with four or more units, for front yards and, where applicable,
street side yards. s, and residential uses residential use-requirements shall apply to all non The 206 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Site Design: Section 60.400.070E Site and Building Design Section 60.400.070
385 Traffic calming design and devices shall be incorporated into the site design. .requirementscontaining more than 80,000 square feet of gross floor area shall comply with the following
s for individual buildings te Development PlanDevelopments over five acres in size and subsections 1) and 2) aboveof screening requirements the location and are not subject toof
the facility for use by the public or by occupants ng receptacles waste and/or recycliIndividual a minimum of eight feet in height at the time of planting.or a vegetative screen planted
along the full length of the area to be screened and (excluding unfinished CMU block) lors of the nearest wall of the primary buildingeight feet in height that incorporates at least
one of the primary materials and s shall be screened from view by a solid wall or fence a minimum of and refuse areaproperties, the loading, service, public streets, or from abuttingspace,
public trails, vice, and refuse areas are visible from public openIn cases when loading, ser extent practicable.properties, to the maximum public streets, or from abuttingspace,
public trails, shall be located where they are not visible from public open possible orif design Outdoor loading, service, and refuse areas shall be integrated into the building
.Mounted-or Building -Collector, Ground Solar60.300.020F.2Section Mounted Solar Collectors shall comply with all applicable provisions in -. GroundCommercial Wireless Telecommunication
Service60.300.020F.1Section ith all applicable provisions in CWTS shall comply w functions.that would impair their ability to perform their intended screening requirementsany and other
alternative energy systems shall be exempt from ,CollectorsMounted Solar -Groundercial Wireless Telecommunication Service (CWTS)Comm time of planting.height equal to or greater than
the height of the equipment to be screened at the and shall be of a planted along the full length of the equipment to be screened shall be and InstallationSection 60.400.060B.13and
Types of Plants Allowed g locations. authorize alternate plantings or plantinthe Community Development Director may the requirements of this Section, withWhere lot size, topography,
easements, or other constraints preclude complying Site constraints the Community Development Director.al of may be substituted with the approv Planting in Easements, 15,60.400.060B
Trees shall not be planted in utility easements. Other plantings, as described in 207 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Site Design: Section
60.400.070E Site and Building Design Section 60.400.070
386 in the designated recreation areas.identify the boundaries of the areas and the types of improvements to be provided of a Multifamily Dwelling use shall Any application for construction
or expansion .Section 60.400.070E.8 purposes, subject to the standards in thisUsable recreation area may be developed for either active or passive recreation oviding the usable
recreation land.residents of the development prThe usable recreation area provided shall be designed primarily for the use of the .shall comply with the following standardsstandards
subject to Multifamily Dwelling useis that th 7 or more residents Facility use s, or containing a Residential Care Multifamily Dwelling useEach development containing utility facility,
upon obtaining a revocable permit.property owner, provided they do not interfere with reasonable access to the risk of the ground pedestrian amenities that do not require footings may
be installed at the -Above ; andrequirement in that bufferyardtree installed in a required bufferyard shall count towards the minimum planting except that any canopy ,, and FencesBufferyardsLandsc
aping, Section 60.400.060in requirements the applicablein addition to This requirement is .20 lineal feet of walkwayper at the rate of one canopy treedestrian walkways along Canopy
trees incorporated shall be providedor textured concrete ,concrete, stained concrete, exposed aggregate, integral coloredPedestrian focal points with enhanced pedestrian paving such
as decorative scored shall include: f gross floor areao40,000 square feet containing more thanindividual buildings s for Site Development Planor evelopments over one acre in size
D a walkway to the building entrance.entrance in an abutting parking area connected via ithin 300 feet of a primary buildingW ;n proximity to a primary building entrance along a
walkway adjacent to the buildingI :must be located The transit stop .be designed to accommodate a public transit stopshall ss floor area on an existing bus route of grosquare feet
20,000 aining more thancontindividual buildings s for Site Development Plan evelopments over one acre in size D Trash and recycling containers shall be provided near high pedestrian
traffic areas. .tent practicableto the maximum ex stores and tenant spacesn outer drive aisle shall be used to divert vehicular traffic away from the area in front of A concentrations
of pedestrian traffic (i.e., near building entrances).ments shall be incorporated in areas with highest Pedestrian safety improve 208 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Site Design: Section 60.400.070E Site and Building Design Section 60.400.070
387 requirement. areausable recreation The following types of spaces within a building may be counted towards the stands, or similar amenities that do not involve active team sports.
used for picnic tables, lawn furniture, barbecue Paved or vegetated areas courts, ballfields, swimming pools, and similar uses; orequipment such as swings, slides, sandboxes, basketball
hoops, tennis Improved for use as active recreation areas through the installation of play ive species of vegetation. Not include invas Provide ground cover to prohibit soil erosion;
and and provide access to the natural area;pathways and/or sitting and observation areas developed to Provide Areas of natural vegetation must: ng or sodding, or left in its natural
stateeither through seedi 60.400.060Section Improved with grass or other vegetation in compliance with recreation areas shall be: entertainment or At a minimum, ground level outdoor
passive or active recreation. her may be used for eitthey Usable recreation areas shall be improved so that landscaped area requirements.may be used to meet , and FencesBufferyardsLandscaping,
Section 60.400.060landscaped in compliance with the standards in is Usable recreation area that square feet, whichever is greater% of gross floor area of Multifamily Dwelling use,
or 240 10 square feet, whichever is greater% of gross floor area of Multifamily Dwelling use, or 240 81 .Minimum Usable Recreation Area Required 1-400.07Table the Multifamily Dwelling
multiplied by the applicable percentage in The required square footage of usable recreation area shall equal the floor area of development.or another one development may not be used
to comply with the requirements fUsable recreation area required to comply with the requirements of this UDC for remains to comply with the requirements of this UDC. , or otherwise
developed unless adequate recreation area be sold, subdividedLand designated as the required usable recreation area for a development shall not 209 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Site Design: Section 60.400.070E Site and Building Design Section 60.400.070
388 and improved for passive recreational use.if designated The remainder of the area may have a slope of up to 25 percent less than 10 percent; andhalf of the required recreation
area shall have a finished slope of -At least one usable recreation requirement shall meet the following requirements:ended to meet the Ground level landscaped areas and adjacent public
spaces int shall be provided.area of not less than 10,000 square feet with a minimum dimension of 50 feet , at least one areaFor every 20,000 square feet of required usable recreation
ced to 15 feet.feet, the minimum dimension may be reduminimum size of 1,000 square feet. If the required area is less than 900 square improved with play equipment shall have a minimum
dimension of 20 feet and a ept that inner block play areas for small children that are than 30 feet, exclocated in a contiguous portion of the site or lot and no dimension shall be
less If the required recreation area is less than 10,000 square feet, all of it shall be requirements.tion area requirement shall meet the following dimensional meet the usable recreaGround
level landscaped areas and adjacent public open space areas intended to recreation area.system leading to principal destinations such as a park, school, or major least 10 feet in
width and is part of an integrated is at Use Path-Bikeway or Multifree manner, may be counted towards the usable recreation requirement if the -located in the interior of a block,
surfaced in a dust Use Paths-Bikeways or Multi streams.may consist of water surfaces such as ponds, lakes, or adjacent public spacehalf of the required recreation area provided at
ground level or in an -Up to one the development.structures do not exceed 10 percent of the total required landscape area for provided that the total impervious surfaces of such areaon
usable recreatiSeparate, accessory recreational buildings at ground level may be counted as development.Terrace areas that are open to the sky and accessible to all residents in a
individual dwelling units.st 70 square feet in size that are provided for Exterior balconies at lea 210 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Site Design: Section 60.400.070E Site and Building Design Section 60.400.070
389 building façade.facing -insulation finish systems (EIFS), or vinyl siding is prohibited on any streetitation brick, stucco, exterior The use of asphalt shingles, imitation stone,
im but not limited to stone, brick, masonry, or wood.Primary buildings shall be constructed of high quality, durable materials including nd use different combinations of the same
materialslevels of articulation aall building walls have defined wheres. A consistent architectural treatment is one façadevisual interest and shall provide consistent architectural
treatment on all building façade shall be designed to provide architectural and each primary buildinAll sides of .the SI districtin all districts except residential uses) -nonthose
containing a mix of primary residential and use developments (i.e Mixed andtrial uses in all districts except the SI district; and IndusCommercial the SI district;uses in all districts
except Public, Institutional, and Civic )1-as shown in Table 300.02be exempt from these standards if they were occupied by a Household Living use, in structures that would ntial
Care FacilitiesResidefor except usesAll Group Living ;wellings in all districtsdMultifamily .Uses Table Allowed 1-300.01Table in of land uses refer to those shown . All references
to land uses or categories listed below strictsin the zoning di listed belowstructures occupied by the primary uses primary The following requirements apply to area.way with a frontage
of at least 20 feet on the usable recreation --street rightate linkage by way of walkways or bikeways, or access by means of a public or privarea or adjacent public space either through
the sharing of common lot lines, Access must be available to usable recreation areas using common landscaped st number of residents.accessible to the largebe centrally located or
distributed throughout the development to be readily containing five acres or more, usable recreation areas should On development 211 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Building DesignSection 60.400.070F Site and Building Design Section 60.400.070
390 g requirements that would impair their functions.of these screeninSolar Collectors, and other alternative energy systems are exempt from any portion Mounted -Commercial Wireless
Telecommunication Service equipment, Building wall.ipment shall be the same color as the roof or the same color as an adjacent equmounted -To reduce visual impacts on abutting properties,
the color of roof facing property boundary.-streetlevel on each -mechanical equipment from all sides when viewed from groundhitectural design, with a parapet wall height sufficient
to screen the building’s arc Screened by a parapet wall or similar feature that is an integral part of the facing property boundary; or-any street from ground level Integrated into
the design of the structure so that the equipment is not visible l equipment shall be:mounted mechanica-Roof floor.occupy at least 30 percent of each street facing façade area above
the ground street facing façade area between three and eight feet above grade, and shall percent of each ll occupy at least floor sha groundIn residential uses on the ground floor.each
street facing façade area above the of percentshall occupy at least 30 between three and eight feet above grade, and area façade street facing each shall occupy at least 65 percent
of nd floor on the grouresidential uses -In non :windows and doorsarea of glazed the D districts, -and MX-the MX facing facades.street -three and eight feet above grade, and 30 percent
of the nonarea between ccupy at least 40 percent of each street facing façade windows and doors shall oarea of glazed the D districts, -T and MX-se districts other than the MXU ixedMIn
.gradeabove feet and eight threefaçade area between facing street each30 percent of occupy at least windows and doors shall area of glazedthe s, district ResidentialIn 0. 6 at
leastof (VTration visible transmittance shall achieve a building that do not provide visibility into residential dwelling unitss of a primary façadeWindow glazing on the bottom two
floors on street facing .ective glassshall not include reflbuilding of a primary façaden street facing Window glazing on the bottom two floors o 212 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Building DesignSection 60.400.070F Site and Building Design Section 60.400.070
391 .along the frontage of the development space orientatedan alternative design will provide a better pedestrian upon determination that ts, waive this requirement for some or all
of the uni willDevelopment Director he Community Tdirect access entries from the building exterior. must provide facing sides of the building-All ground level residential units along
all street shall comply with the following standards.D districts, each street facing façade of each primary building -T and MX-In the MX (backlit, light showing through the material)
are not permitted.arance of nine feet above the sidewalk. Glowing awnings minimum vertical cleAwnings or canopies extending at least four feet beyond the building face with a Change
in texture and/or masonry patterns; and/or inches in depth;six cornices, and bays, and having a change of wall plane that is a minimum of lasters, Projections, recessions, or reveals
such as, but not limited to, columns, pi feet:horizontal 6every shall incorporate two or more of the following elements for , regardless of exterior wall plane setback, façadefacing
-streetach e , In all districts ds.standarwith the following that comply s into a series of smaller horizontal componentsfaçade facing-street Primary buildings shall be designed
to avoid blank wall planes by dividing 213 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Building DesignSection 60.400.070F Site and Building Design
Section 60.400.070
392 .edestrian Oriented SpaceP60.400.040D.11.dSection requirement in pedestrian oriented space satisfy theused to be mayfor surface parking but used forecourt shall not be efor accessing
or viewing the building interior from the forecourt. , and shall including windows or doors hall be open to the skywall plane, smeasured inward from the primary building minimum of
10 feet in depth horizontal feet of the building façade, shall be a at least alongextend , which shall gathering spacewall plane recess creating a forecourt listed below. st least
one of the two design elementshall incorporate a(regardless of changes in façade alignment) horizontal length over 150 feet building with a primary of a façadefacing above, each street
Subsection aarchitectural elements from threeating at least incorporIn addition to façade.building a street facingunits on dwelling Second (and upper) floor balconies on at least
50 percent of the residential andappropriate building scale); may be shorter than 20 feet to fit least 20 feet in total (individual awnings Ground level arcades or awnings extending
for a horizontal distance of at height;inches wide, that have a height equal to at least 80 percent of the façade eightthe building façade plane, and at least ard from,eight inches
outwjections at least , or proinches into eightVertically oriented recesses at least facing building façade longer than 60 feet);-elements on any streetbuilding façade, but if so
installed shall only count as one of the required g the entire (this element may be installed alon façadealong the building textending at least 30 horizontal feetall, and inches eight
, at leastplanethe building façade outward frominches eightat least cornices extending or or projections inches into eightleast Horizontally oriented recesses at ;parapet lengof
horizontal feet at least extending vertical feet twoparapet height of at least a street facing A change in :for every 60 horizontal feet following elementset must incorporate at
least three of the over 120 fehorizontal length with a façadefacing building -two of the following elements; and streetbetween 90 and 119 feet shall incorporate at least with a horizontal
length façadefacing -all incorporate at least one of the following elements; streetbetween 60 and 89 feet with a horizontal length façadefacing treetEach s 214 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Building DesignSection 60.400.070F Site and Building Design Section 60.400.070
393 , whichever is less.heightin feet stories or threeThe base of a primary building shall not be more than of the buildinga clearly identifiable base, body, and top shall be designed
to include stories in height ten e thanthat is mor uildingrimary bEach p , and on upper floors shall be 12 feet. feet 31 shall becipal use of any prinof the ground floor height ceiling--floor
The minimum mply with the following standards:shall 60 feet in height I districts over -T, and -, MXD-Each primary building in the MX Development Director. , as determined by the
Community practicableextent maximumto the gn GuidelinesDMC Desiapplicable the comply withshall D district -Each primary or accessory building within the street.pedestrian area
located between the pedestrian entrance and the -parking lot, or a nonrough a garage, access to the adjacent sidewalk without requiring pedestrians to pass thEach required pedestrian
entrance shall open directly to the outside and have direct way.--facing that public right with a common vestibules may share a single pedestrian entrancetenantcommercial two abutting
ground floor . As an exception to this standard, a maximum of streetpedestrian entrance facing that of frontage shall have at least one or more each ground floor tenant space with 25
feet façadefacing on the street t spaces tenancommercial floor -If there are multiple ground the pedestrian entrance shall face the front lot line.a street, facing Ave., the required
entrance shall face those streets. If the lot does not have frontage rd St. or 3 th/Collegeview Rd., 12. th, 4.tS nd If the lot has frontage on Broadway, 2 .façadestreet facing Each
primary structure shall have at least one pedestrian entrance on each following standards.T district shall comply with the -street facing façade of a primary building in the MXEach
, but may not extend to ground leveliopt ng façade at the applicant’s iof the build rfloo more than the topto . The stepback may apply of that building façade along the entire length,
extending sr building façadefurther from the street than the lower floofeet sixfaçade at least top floor of building the horizontal setback A 215 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Building DesignSection 60.400.070F Site and Building Design Section 60.400.070
394 Distinct parapet designs and cornice treatments. and/Change in roof height of at least two feet; of the roof by at least two feet;dormers that alter the vertical or horizontal
plan and/or Projections, recessions, iation that incorporates:without a visual varlength horizontal hall exceed 50 feet in , no roofline sfaçade of the building top On eachhighest
occupied floor of the buildingoption also include the façade of the s’ applicante highest occupied floor of the building and may at the ceiling plate of thall portions of each building
façade above the The top of the building shall include feet. horizontal by at least 40rising from the base) each of the floorplates shall be separated from each other building floorplates
more two or ,.towers (i.eIf the body of the building includes ; andbuildingbase of the facing-streetback at least 10 feet from the edge of each Be set building20 percent reduction
in floor area from the base of the Incorporate at least a ith all of the following:shall comply w. Each façade of the building body and the top of the buildingof the building baseinclude
all floors of the building between the The body of a primary building shall deep shadow at ground level, or architectural awnings that provide ntegrated covered walkways, trellisesI
; and/ordifferent materials, textures, or colorsanding or a wainscot treatment defined by Use of base architectural veneer b Incorporation of low planters and walls; of the following
design techniques: one or more ateincorporThe base shall 216 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Building DesignSection 60.400.070F Site
and Building Design Section 60.400.070
395 ; anddesign that complied with all applicable standards in Subsections 1, 2, and 3 abovea building ,as well or better than it is located whereity or the neighborhood Cimage of
the or will enhance the ,visual interestequal or better create The alternative design will ; andprimary use Public, Institutional, or Civicwill contain a , or height or massingghly
visible due to its , or will be hiin a highly visible locationis primary structure The Director determines that the following criteria are met.if the single primary structurefor
a e an alternative designapprov building design standards in Subsections 1, 2, and 3 st the waive or adju willthe Community Development Director use, Institutional, or Civic Public,
containing a or for a primary structure On development sites larger than five acres, building below the maximum permitted on that lot.required change shall have the effect of reducing
the gross floor area of thmitigate those impacts to the maximum extent practicable, provided that no require that building design features be added, deleted, or changed to minimize
or elopment Director may , the Community Devstudy Based on the results of a required sunlight/shadow, or public safety impacts.create adverse wind, willlength, location, or shape
of the proposed development ommunity Development Director determines that the proposed height, bulk, C way, bicycle, and/or pedestrian facilities, at the applicant’s expense, if the
--rightsand shadow impacts on surrounding propertiesand/or sunlightstudies of windrequire additional willFor new developments over 100 feet in height, the City 217 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Building DesignSection 60.400.070F Site and Building Design Section 60.400.070
396 es.Code of Ordinanc10 of the Rochester -Section 11the parking requirements in shall comply with usesResidential District.Campus Medical he Development in t .from the public
sidewalkaccess direct pedestrian ingnd provida ,sidewalkpublic abuilding space fronting ground floor occupying2,000 square feet of floor areacontaining no more than use Small Retail
, Neighborhood Retail,Personal Serviceor Business urant, Neighborhood Food and Service, Standard RestaurantA Fast Food Resta .Section 60.400.080this subject to the parking requirement
of aresquare footage increased buildingresulting in additions s existing square footage. Any square footage’expansion of the buildingot involve any that does ndistrict Use Mixedin
any adaptive reuse of a building The do not apply to: Section 60.400.080requirements of this The .in this UDCotherwise specifically stated unless Section 60.400.080this mentsrequirethe
comply withshall ,January 1, 1992or use of land approved or erected after ,Any building, improvement parking.itigating the adverse visual impact of large concentrations of exposed
Avoiding and m ; andland uses in different areas of the CityProviding flexibility to respond to the transportation, access, and loading impacts of various modal transportation options
and enhanced pedestrian safety;-Encouraging multi pedestrians;les, and between motor vehicles, bicyc Providing for safe and convenient interaction Providing necessary access for service
and emergency vehicles; Avoiding and mitigating traffic congestion; and general welfare by:the public health, safety, ty and to help protectparking and loading for different areas
of the Cistreet -is intended to regulate the amount and design of off F.4.cSection 60.400.080 This Section 60.400.080 practicable.ximum extent been mitigated to the ma standards in
Subsections 1, 2, and 3 above havethe waiver or adjustment of adverse impacts on surrounding properties created by Any 218 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Purpose: Section 60.400.080A Parking, Loading, and Stacking Section 60.400.080
397 1 per DU 1 per DUHome-Dwelling, Twin 1 per DU 1 per DUDetachedFamily -Dwelling, Single Listed = No RequirementBlank Cell or Use Not ; floor area (unless stated otherwise)enclosed
gross Sq. ft. = square feet of BR = Bedroom; DU = Dwelling Unit; .Parking RequiredVehicle Minimum and Maximum 1-400.08Table that complies with the requirements ofparking spaces street
-offa number of each development shall provide Unless otherwise provided in this UDC, .Section 60.400.080F.9Management Plan in accordance with Establish the minimum vehicle parking
requirement based on a Travel Demand demand data; orstitute of Traffic Engineers (ITE) or other acceptable source of parking published by the InEstablish the minimum vehicle parking
requirement by reference to parking resources Community Development Director); most similar related occupancy classification, or other factors determined by the ed on operating characteristics,
the (bas is deemed most similar to the proposed usefor the listed use that 1-400.08Table parking requirement inApply the minimum vehicle requirements based on:shall determine minimum
parking the Community Development Director ired,RequMinimum and Maximum Vehicle Parking 1-400.08Table in For uses not expressly listed .0.080FSection 60.40in accordance with tal
number of spaces may be reduced The to to the total of the requirements for all uses.Lots containing more than one use shall provide parking and loading in an amount equal computation.
thatin includedshall not be containing other primary uses ding builwithin a Garages arking Por structure, as applicable use applicablegross floor area of the on the based based parking
and loading requirements shall be computed -footage All square 219 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota RequirementsCalculation of Parking
and Loading Section 60.400.080D Parking, Loading, and Stacking Section 60.400.080
398 assembly room, or 1 auditorium or main 1 per 10 seats in the School 1 per 4 seats 1 per 5 seatsPlace of Worship 1 per 3 beds sq. ft.4 per 1,000 2 per 1,000 sq. ft.Medical
Facility 3 per 1,000 sq. ft. 1 per 1,000 sq. ft. 4 per 1,000 sq. ft. 2 per 1,000 sq. ft.Funeral Home 1 per 1,000 sq. ft. 5 per 1,000 sq. ft. 2.5 per 1,000 sq. ft.Emergency Service
1 per 1,000 sq. ft. sq. ft. 4 per 1,000 2 per 1,000 sq. ft.Day Care Facility 5 per 1,000 sq. ft. 2.5 per 1,000 sq. ft.Correctional Facility 3 per 1,000 sq. ft. 2 per 1,000 sq. ft.
4 per 1,000 sq. ft. 2 per 1,000 sq. ft.Community Center TDM Plan Required TDM Plan RequiredtyCollege or Universi Cemetery 1 per 800 sq. ft. (TOD)1 per 500 sq. ft. 1 per 700 sq.
ft.LibraryArt Gallery, Museum, and 1 per 3 beds 1 per 4 beds 1 per 2 beds 1 per 3 bedsResidential Care Facility 4 beds 1 per 1 per 3 bedsHousing Offender Transitional 1 per 2 beds
1 per 4 beds 1 per 2 beds 1 per 3 bedsNursing Home 2 per DU 1 per DU Medical Stay Dwelling Unit 1.5 per bed 1 per 3 beds 1 per 2 beds Dormitory 1 per 2 beds 1 per 3 beds 1 per bed
beds1 per 2 Congregate Housing 1 per DU 2 per DU 1 per DUManufactured Home Park 1.5 per DU 1 per DU 2 per DU 1 per DUDevelopmentDwelling, Cottage 0.75 per DU Dwelling, Live/Work
unit or moreBR unit; 2 per 4 BR 2 BR unit; 1.5 per 3 1 per 1 BR unit; 1 p 0.5 per DU 1.5 per DU 0.5 per DUDwelling, Multifamily 1 per DU 1 per DUDwelling, Fourplex 1 per DU 1 per
DUDwelling, Triplex 1 per DU 1 per DUSame LotDwelling, Duplex, 1.5 per DU 1 per DU 1.5 per DU 1 per DUAttachedng, Dwelli Listed = No RequirementBlank Cell or Use Not ; floor area
(unless stated otherwise)enclosed gross Sq. ft. = square feet of BR = Bedroom; DU = Dwelling Unit; 220 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Parking RequiredVehicle Minimum and Maximum Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080
399 1 per 250 sq. ft. 1 per 450 sq. ft. 1 per 250 sq. ft. 1 per 350 sq. ft. Standard Restaurant 0 sq. ft.1 per 30 ServiceNeighborhood Food and 1 per 2 guest rooms 1 per guest room
1 per guest room Hotel or Motel 1 per 250 sq. ft. 1 per 150 sq. ft. 1 per 200 sq. ft. Fast Food Restaurant 1 per guest room sguest room 21 per room1 per each guest reakfastBed and
B 1 per 300 sq. ft. 1 per 400 sq. ft. 200 sq. ft. 1 per 1 per 400 sq. ft. Bar or Tavern capacitybased on max 4 persons 1 per RecreationEntertainment or Outdoor capacitybased
on maximum 1 per 3 persons angeIndoor Gun R ft. excess of 4,000 sq. 1 per 500 sq. ft. in T -MX1 per 200 sq. ft. in ft. excess of 1,000 sq. 400 sq. ft. in 1 per RecreationIndoor
Entertainment or 1 per overnight site Park orCampgrounds 1 per 6 seats T -1 per 4 seats in MX 1 per 6 seats Auditorium or Civic Center ft. excess of 4,000 sq. 1 per 500 sq. ft.
in T -MX400 sq. ft. in 1 per ft. excess of 1,000 sq. 400 sq. ft. in 1 per tEntertainmenAdult spaces)ft. (minimum of 4 ss of 4,000 sq. exce1 per 500 sq. ft. in 2 per 1,000 sq.
ft. Services and Animal Veterinary No requirement Retail Agriculture No requirement ProductionAgricultu 1 per 1,000 sq. ft. 5 per 1,000 sq. ft. q. ft. 3 per 1,000 s Specialized
Education 2.5 per 1,000 sq. ft.Social Services whichever is greaterper classroom, Listed = No RequirementBlank Cell or Use Not ; floor area (unless stated otherwise)enclosed gross
Sq. ft. = square feet of BR = Bedroom; DU = Dwelling Unit; 221 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Parking RequiredMinimum and Maximum Vehicle
Section 60.400.080E Parking, Loading, and Stacking 080Section 60.400.
400 (excluding areas leasing space indoor sales or 1 per 500 sq. ft. of or Storage ,LeasingMotor Vehicle Sales, WarehousingMotor Freight and retail sales area1 per 400 sq.
ft. of retail sales area1 per 250 sq. ft. of ationFueling St of retail sales areaplus 1 per 600 sq. ft. per service bay 2 of retail areaplus 1 per 300 sq. ft. per service bay
2 Major, Automotive Repair Services of retail sales areaplus 1 per 500 sq. ft. 2 per service bay of retail area00 sq. ft. plus 1 per 23 per service bay Automotive Center 1 per 300
sq. ft. excess of 4,000 sq. 500 sq. ft. in 1 per 1 per 300 sq. ft. 400 sq. ft.1 per Retail, Large 1 per 300 sq. ft. excess of 4,000 sq. 1 per 500 sq. ft. in 00 sq. ft.31 per T
-ft. in MXExcept 1 per 600 sq. 300 sq. ft.; 1 per Retail, Medium 1 per 300 sq. ft. 1 per 500 sq. ft. 1 per 400 sq. ft. 1 per 250 sq. ft. Retail, Small 1 per 200 sq. ft. 1 per 300
sq. ft. 1 per 300 sq. ft. sq. ft. 1 per rhoodNeighboRetail, 1 per 1,000 sq. ft. 00 sq. ft.1 per 1 per 400 sq. ft. 00 sq. ft.1 per Research and Testing 1 per 300 sq. ft. excess
of 4,000 sq. 1 per 500 sq. ft. in 1 per 400 sq. ft. sq. ft. 0051 per Office f 4,000 sq. excess o1 per 500 sq. ft. in 00 sq. ft.61 per Financial Institution 1 per 100 sq. ft. excess
of 4,000 sq. 1 per 500 sq. ft. in 00 sq. ft.31 per excess of 1,000 sq. 00 sq. ft.61 per Business or Personal Service 1 per 500 sq. ft. 0 sq. excess of 4,00 00 sq. ft.81 per excess
of 1,000 sq 00 sq. ft.61 per Art Studio and Workshop Listed = No RequirementBlank Cell or Use Not ; floor area (unless stated otherwise)enclosed gross Sq. ft. = square feet of BR
= Bedroom; DU = Dwelling Unit; 222 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Parking RequiredMinimum and Maximum Vehicle Section 60.400.080E Parking,
Loading, and Stacking Section 60.400.080
401 case basis at time -by-Determine on case case basis at time -by-Determine on case Carnival or Festival T-MX 1 per 400 sq. ft. 00 sq. ft.51 per Sales OfficeResidential Management
or 60.400.080L.3Section See in Facility-Drive 1 per 700 sq. ft. Animal Husbandry Sand or Gravel Excavation Quarry Landfill parked on sitestored or normally 1 per
vehicle 1 per 700 sq. ft. plus the sitenormally stored on plus 1 per vehicle 1 per 1,200 sq. ft., the sitenormally stored on plus 1 per vehicle 1 per 1,200 sq. ft., Wholesale Facility
storage units1 per 5 indoor storage units10 indoor 1 per storage units1 per 10 indoor Self Service Storage Facility Junkyard 1 per 1,000 sq. ft. 1 per 1,000 sq. ft. 2 per repair
bay plus 1 per 600 sq. ft. 2 per repair bay plus Shopair and Maintenance 1 per 700 sq. ft. 1 per 1,000 sq. ft. 1 per 1,000 sq. ft. Transfer FacilityRecycling 1 per 1,000 sq.
ft. 00 sq. ft. 21 per 1, 1 per 1,000 sq. ft. Light Industry 1 per 1,000 sq. ft. Heavy Industry 1 per 1,000 sq. ft. Commercial ServicesHeavy 1 per 700 sq. ft. ft. excess of
4,000 sq. 500 sq. ft. in 1 per ft. excess of 1,000 sq. 400 sq. ft. in 1 per Artisan Manufacturing Dispatch FacilityPublic Transportation cle storage)vehiused only for indoor
Listed = No RequirementBlank Cell or Use Not ; floor area (unless stated otherwise)enclosed gross Sq. ft. = square feet of BR = Bedroom; DU = Dwelling Unit; 223 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Parking RequiredMinimum and Maximum Vehicle Section 60.400.080E Parking, Loading, and Stacking Section 60.400.080
402 to the two uses with the largest parking requirements and then below Parking ReductionShared 2-400.08Table structure, the required parking shall be calculated by applying rking
lot or . If more than two uses share a paShared Parking Reduction 2-400.08Table requirements for the two uses divided by the factors for that combination of uses shown inrking required
shall be the sum of the two parking street pa-the parking, the total offIf only two primary uses of land are sharing below. Shared Parking Reduction 2-400.08Table be reduced by the
factors shown in may Minimum and Maximum Vehicle Parking Required1-400.08Table shown instreet parking requirement for those uses -, the total offGarageor Parking Lotshare a Uses
Table Allowed 1-300.01Table Where two or more uses listed in T. -in the MXstreet parking spaces for all uses may be reduced up to 20% when located -The number of off Commission.reviewed
by, and may be approved by, the Planning on a TDM Plan, which shall be adjustments based, except for administrativelyAll listed adjustments may be approved Minimum and Maximum Vehicle
Parking Required.1-400.08Table required by 0 percent of the minimum amount 4shall not be reduced by more than Uses Table Allowed 1-300.01Table not listed as residential land uses in
land usesany spaces for street parking -Regardless of which adjustments in this Section are applied, required off .aximum Vehicle Parking RequiredMinimum and M 1-400.08Table be
reduced by more than 20 percent of the minimum amount requiredshall not ,Uses Table Allowed 1-300.01Table as shown in esidential usesRspaces for rking street pa-required off ,are appliedRegardless
of which adjustments in this Section .Section 60.400.080Fin accordance with this ed be adjustshall Minimum and Maximum Vehicle Parking Required, 1-400.08Table spaces required by street
parking -the required off ,Section 60.400.080FUnless stated otherwise in this 00 sq. ft.71 per 00 sq. ft.51 per Yard s Office and’Contractor permituse of temporary permitof
temporary use Listed = No RequirementBlank Cell or Use Not ; floor area (unless stated otherwise)enclosed gross Sq. ft. = square feet of BR = Bedroom; DU = Dwelling Unit; 224 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota um Parking AdjustmentsMinim: Section 60.400.080F Parking, Loading, and Stacking Section 60.400.080
403 street parking is located.-residential use requiring off-the non whereline of the lot is located to the nearest point on the property Garagethe Parking whereline of the lot ,
as measured from the nearest point on the property Parking Garageof a publicly owned 500 feetresidential use is on a lot that lies within -percent if the new non reduced byresidential
use may be -street accessory parking spaces for any non-The number of off street parking spaces.-or part of the required offstreet parking may count the adjacent metered on street
spaces as all -must provide offd use that residential lan-property line of the zoning lot for a new development with a nonstreet parking spaces lying adjacent, in whole or in part,
to the -Public, metered on s must be provided on site.street parking space for the use of visitors to the dwelling unit-offstreet parking, at least one -dwelling units that receive
the exemption from providing off ing units during the period of time the student residency restriction is in effect. For every dwellstreet parking for -within the municipal boundaries
of the City are not required to provide offand occupancy of students of an accredited educational facility with a physical campus residential development that are restricted solely
to the residency Dwelling units in a new Other Commercial Retail LodgingEntertainment, or Food, Beverage, Indoor CivicPublic, Institutional, or DwellingsMultifamily
.belowshown and divide by the factors Minimum and Maximum Vehicle Parking Required,, 1-400.08Table dd the requirements A the additional uses.for Parking Required,Minimum and Maximum
Vehicle 1-400.08Table s shown in aadding the required parking 225 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Minimum Parking Adjustments: Section
60.400.080F , and StackingParking, Loading Section 60.400.080
404 International Council of Shopping Centers, the American Planning Association, or other tions of the Institute of Traffic Engineers (ITE), Urban Land Institute, the recommendaThe
TDM Plan shall estimate parking demand for the proposed use based on the .Section 60.400.080F.9 or as otherwise stated in thisTDM Plan for new developments with over 25,000 square
feet gross floor area require aApplicants may submit a TDM Plan for any new development in any district. The City may street parking or loading standard.-single offvarying parking
and loading demand characteristics that make it difficult to specify a have widely A Travel Demand Management (TDM) Plan allows flexibility for uses that pedestrian access from the
street.their parking requirement by 10 percent. The use must front a public street and have Restaurant use may reduce Food Restaurant, Neighborhood Food and Service, or Standardfloor
Retail Sales type use or a Fast -use developments that include a ground New mixed than 75 residential dwelling units per shared vehicle.are no more esidential use may be reduced by
an additional 20 percent provided thereRestablished procedure for private use by residents, the minimum parking requirement for a site with an -development. Where one or more passenger
vehicles are available onresidential a shared or community vehicle is available for use by residents of a newstreet parking spaces may be granted if -esidential offRA reduction in
the number of required .way--in the public right on the site and located ncipal structureare detached from the prithat reduction shall not be awarded for .that will promote transit
use in the Citylocation in a adequately designed, sheltered transit stop within the development, nprovides anew development c Works Director determines that Publireduced by ten percent
if the may be uses residential-nonstreet parking spaces for -offrequired The number of of a signed bus stop or bus shelter serving a weekday bus route.residential development is
located is within 660 feet the new wherepercent if the lot may be reduced by for residential uses street parking spaces -offThe number of required 226 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Minimum Parking Adjustments: Section 60.400.080F Parking, Loading, and Stacking Section 60.400.080
405 per dwelling unit 10. ing unitper dwell 2.0 units units 50-0 per dwelling unit 25.0 unitdwelling per .10 approval. PlanDevelopment Site , and all other developments shall
be reviewed during approvalthe subdivision during requirementsAll proposed subdivisions shall be reviewed for consistency with these nal development. , or in parking bays designed
as part of the origieGaragParking Lot or sharedstreet, in any type of permitted -street, off-parking may be provided on Required visitorParking Requirements Visitor 3-400.08Table
requirements ibased on the each dwelling unitstreet parking for -parking in addition to the required offvisitor provide , shall Multifamily Dwellings /orAttached and and Family Detached-Singleany
combination of containing developments ew D districts, n-, and T-2x, MX-xcept the Ring districts eIn all zon excess number of parking spaces.the conforming because of -be considered
nonall available parking spaces and shall not useare permitted to continue to legally Required, m Vehicle Parking Minimum and Maximu 1-400.08Table in maximum number specified street
parking spaces than the -having more off January 1, 2023as of Uses in existence built as part of a new private development.public parking in a parking structure where the City has
by agreement secured spaces for as a replacement for existing public parking removed as part of a redevelopment plan or may be allowed where public parking is proposed ,and Maximum
Vehicle Parking RequiredMinimum 1-400.08Table The provision of parking spaces beyond the maximum specified in contained in the TDM Plan, subject to the limitation in Subsection 1.b
above.adjusted by any other provisions of this UDC, based on information Required, Minimum and Maximum Vehicle Parking 1-400.08Table maximum parking standards inThe Planning Commission
shall review each TDM Plan and may adjust the minimum and activities, scale, bulk, area, and location. comparableacceptable sources of parking demand data for uses and/or combinations
of uses of 227 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Maximum Parking AdjustmentsSection 60.400.080G Parking, Loading, and Stacking Section
60.400.080
406 59 23 56 20 18 59 21 51.6 13.6 19 55 20 47 12 17.6 50 20 41 11 15 Section.unless specifically stated otherwise in this Dimension RequirementsTable 400.08 5 Parking l meet
the requirements of imensions shald space Parking that is at least six feet in width.The front of the parking space is located adjacent to a landscaped area or sidewalk Any raised
curb in the overhang areas is no more than four inches in height; and , provided that:5-400.08Table in shownto the extent parking space the requiredallowing the front of vehicles
to overhang The length of a parking stall may be reduced euverability.out for turnaround man-All parking aisles shall terminate with a bump ds.dimensional standarsite parking and
maneuvering areas shall be constructed according to the following -All on Building Code (IBC).and design of accessible parking spaces shall be pursuant to the International The number
.Small Car Percentage 4-400.08Table designed and marked for small cars according toproviding over five spaces a percentage of the total spaces may be Parking Lot or Garage In
any 228 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Small Car Percentage: Section 60.400.080I Parking, Loading, and Stacking Section 60.400.080
407 use.residential land -parking for the exclusive use of the applicant’s residential or non street -lability of the offthe applicant shall provide to the City evidence of the avaisite
parking pursuant to Subsections 1 or 2 above, -As a condition of approval of off .D District-Location Requirements in the MX ,Section 60.400.080J.5D district shall comply with -Parking
locations for the MX .residential use-containing the nonmay be provided within 600 feet of the site D district -district other than the MXin any residential use -street parking for
any non-off Up to 50 percent of required use.residential -districts may be provided within 500 feet of the site containing the non-T, or MX-I, MX-Up to 25 percent of required parking
for a residential use in the MX site employees.-arranged for use of onshuttle are c transit or privatefacility where connecting service by publiat a remote park and ride T area-D
or MX-accommodated outside the site or -site businesses may be provided on-Parking for employees of on D-00 feet in the MX T or;-600 feet in the MX ;ithinParking for customers, visitors
and patrons may be provided w site. 00 feet of the for residents or employees may be provided within 6 arkingP D districts;-T and MX-In the MX except that:use and loading shall be
located on the same lot as the principal street parki-Required off street frontage.front building façade and the adjacent parking areas shall not be located between the street -district,
offMixed Use esidential and Agricultural and R uses in For all other prohibited. riveway parking area, arepermitted d, and that are not located in a located between the building
façade and the front lot linethat are arking spaces P parking areas shall be located in a garage or on a driveway.street -, offin all districts nd Same Lot Duplex Dwelling usestached
aFamily De-For Single pedestriawith ze interference imibe located and designed to min shallVehicular entrance drives movement through the interior of the lot. shall be designed
to ensure safe and easy ingress, egress, and arking Lot or Garage A P 229 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location
of Vehicle Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080
408 the lot.depth, one story above the sidewalk grade, and at least as wide as the parking facility on that is at least 15 feet in separated from the street property line by a principal
building A parking Lot or Garage is not considered to be abutting a street frontage if it is below.shown on the Map street active/pedestrian“any of the seven not abut allGarage shd
Parking Lot or new or expande T district requirements, a-any Notwithstanding .and landscaping ,screeningbuilding on the lot and subject to any other identified design features, setback,
buffering, behind the rear wall (or parallel extension thereof) of the principal line when situatedstreet lot -may front along the sideParking Lot or Garage property lines. A portion
of the street -be located to allow the principal building to be built to both the front and side mustis situated on a corner lot, the parking t or GarageParking LoIf the principal
building and .principal buildingincluding any required landscape buffer areas) measured from the side wall of the located to one side of a principal building shall be no more than
60 feet in width (not Parking Lot or Garage . A the parking may be located to one side of the principal buildingto the rear of the principal building, Parking Lot or Garage If is not
feasible to locate the .of the principal building façadebuilding behind the front constructed as part of the principal or ifprincipal building with access from an alley arking shall
be located at the rear of the ccessory pTo the maximum extent practicable, a 230 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location
of Vehicle 60.400.080JSection Parking, Loading, and Stacking Section 60.400.080
409 D district.-D district may not be constructed in the MX-organizations in the MXarking of employees of businesses or site contract p-Private parking facilities for off site employees.-private
shuttle is arranged for use of onlocated at a remote park and ride facility where connecting service by public transit or ccommodated outside of the immediate area where the use is
site or a-be provided onsite businesses may -term, low turnover users such as employees of on-Parking for long site from the primary use.-customers, or patrons may be provided offfor
residents and short term, high turnover users such as visitors, guests, Parking D district.-The following additional location requirements apply in the MX 231 raftAdoption D
–June 2022 Unified Development Code Rochester, Minnesota ParkingDesign and Location of Vehicle Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080
410 Water drainage from a Parking Lot shall not flow across a sidewalk. Public Works Director.velopment Director and Community De the water quality subject to approval byand infiltrationOther
combinations of best management practices for stormwater be installed; orsuch as culvert outfalls, bioretention basins, or vegetated swales shall Treatments al Parking Lot area;
totpractice employed from this list, then they shall cover at least 25 percent of the Permeable pavement materials shall be installed. If such materials are the only practices shall
be used to improve stormwater infiltration and water quality:management all new Parking Lots containing 12 or more spaces, the following best For capd, island, or enbump outconstructed
such that all surface water is directed into a landscape Parking Lots shall be shrubs to grow on the property.for the area between the driveway and the side lot line to allow roomadequate
minimum of five shrubs meeting the requirements of this UDC. There must be The space is landscaped along the side away from the established driveway with a driveway approach. or wider
Access to the space is from the driveway and not the result of a separate side yard.The parking space does not cover more than 20% of the front yard or side street the dwelling
located upon the lot.the required front yard or side street yard in front of The space is not in that part of tracks separated by a grass strip).(excluding gravel), concrete, bituminous,
and Hollywood driveways (parallel paved The space is covered by pavement. Paving may include impervious surfaces are met:he following conditions One additional space may be provided
outside of the driveway if t this UDC. street parking spaces that meet the provision of -driveways must lead to a garage or to offIn the required front yard or side street side yard
on an established driveway. All ed.In a side yard if the yard is at least eight feet in width and the parking area is pav 232 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota ParkingDesign and Location of Vehicle Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080
411 facing -street eache of 22 feet from distanchorizontal designed so that a minimum floor frontages of Parking Garages shall have a minimum height of 12 feet and shall betreet facing
ground parking uses, s-In order to allow for possible future conversion to non design standards apply to Parking Garages in all districtadditional The following .electric vehicle
charging station“Level 2” Outfitted with a standard vehicles; and anner indicating exclusive availability to electric Signed in a clear and conspicuous m Located on the same lot
as the principal use; electric vehicle parking space shall be:parking spaces shall count toward the maximum allowed number of parking spaces. The s. The provision of four or more electric
vehicle maximum allowed number of parking spaceprovision of three of fewer electric vehicle parking spaces shall not count toward the space dedicated to electric vehicles for every
25 parking spaces provided on site. The ces shall provide a minimum of one parking Parking areas with more than 50 parking spa .way--street rightshall be completely shielded from view
by persons standing anywhere within the adjacent arageGor Lotarking Pource of the luminaires used for interior lighting in a The light s at the property line. candle-footpermitted
illumination of one If pole mounted, the maximum height of the luminaire shall be 18 feet with a maximum cutoff luminaires. -full useshall Parking Lot or Garage Any exterior lighting
provided for a tresidential uses) in all districts except the SI distric-nonuse developments (i.e., those containing a mix of primary residential and Mixed Commercial and Industrial
uses in all districts except the SI district; and n all districts except the SI district;Public, Institutional, and Civic uses i Uses Table Allowed 1-300.01Table as shown inbe exempt
from these standards if they were occupied by a Household Living use, ential Care Facilities in structures that would All Group Living uses except for Resid Multifamily Dwellings in
all districts; .Uses Table Allowed 1-300.01Table categories of land uses refer to those shown in land uses or the uses listed below. All references to parking facilities in the zoning
districts and for The following requirements apply to Parking Lots, Parking Garages, and accessory 233 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
ParkingDesign and Location of Vehicle Section 60.400.080J Parking, Loading, and Stacking Section 60.400.080
412 Interim Use Permit. ,LSection 60.500.040Nin accordance with four parking spaces, unless the conversion is approved as an interim useay not be converted to a commercial parking
facility with more than , mSection 60.400.080to comply with this street parking spaces no longer needed -Excess, existing accessory off District.way in any Agricultural or Residential
--shall not be stored or parked on any public rightr that are inoperable Automotive vehicles or trailers without current legal license plates o in a completely enclosed building. unless
Residential Districtor Agricultural in any Parking Lot n any ishall not be stored or parked urrent legal license plates or that are inoperable Automotive vehicles or trailers without
c commercial repair of vehicles.street parking shall not be used for the open storage of goods or the -Areas designated for off .Section 60.400.080of this requirementsconsistent
with the street parking shall be permitted only in areas designed and maintained for such use -Off street parking is available.-nsure adequate offelayout in relation to the new use
to shall review the site Community Development Directornge in use is proposed, the a chainspection when a use or structure is first occupied, enlarged, or increased in capacity. When
street parking shall be improved and available for use at the time of final building -Off ., and FencesBufferyardsLandscaping, Section 60.400.060Standards on Parking Lot landscaping
can be found in third of the depth of the parking lot area.-into the parking area a minimum of oneshall extend site parking areas at a rate of one per 250 feet of building façade
and -into onwalkways from building entrances or sidewalks adjacent to the building shall be extended building façade providing customer or patron access is 400 feet in length or greater,
Where a portions of vehicles are not visible from adjacent public streets.lower so that in height materials as the primary structure and not less than three feetother screening devices
constructed of similar building alls, windows, orpartial wby screen vehicles shalls above the ground floor of a Parking Garage façadefacing -Street spaces.aisles required to access
parking drivingfaçade is not occupied by structural columns or 234 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota gUse of Vehicle ParkinSection 60.400.080K
Parking, Loading, and Stacking Section 60.400.080
413 .Stacking Space RequiredMinimum Vehicle 7-400.08Table niated indic site stacking spaces-number of onthe minimum through shall provide-entry gate, guard house, or drive All uses
with an .revocable permit approval of a City without prior purposesway shall not be used for loading and unloading --State and City streets or rights .locationsup -off/pick-patron
dropsite -designated or with maneuvering areas Parking Garageor ot Larking Pshall not interfere with shberths and access routes to loading bertLoading oring buildings will be minimized.visibilit
y from public streets and windows of neighbstreet loading spaces may occupy all or any part of a required rear yard where -Off required street side yard.in any front yard or in any
locatedstreet loading spaces shall not be -Required off 14 feet wide x 50 feet long x 14 feet high 100,000 sq. ft.every 100,000 sq. ft. beyond the first 2, plus 1 additional loading
berth for 12 feet x 50 feet 2 10 feet x 25 feet 1 None .60.400.080Section or from those otherwise required by this Street Loading Berths-Required Off 6-400.08Table loading operations
of the proposed use differ from the standards in provided by the applicant demonstrating that the vehicle Director based on informationVariations from these standards may be approved
by the Community Development drives intersecting with a street. A minimum stacking distance of 40 feet shall be provided at all ingress/egress access feet.shall be 40 berth ing
to access a loadThe minimum turning radius for truck traffic areas .Loading BerthsStreet -Required Off 6-400.08Table shall meet the requirements of berthsLoading 235 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Loading and Stacking Areas: 60.400.080LSection Parking, Loading, and Stacking Section 60.400.080
414 structure containing the primary use for which the parking is provided, in an e the primary term space is one that is located insid-term spaces. A long-longspaces, at least 10 percent
of the required bicycle parking spaces shall be cle parking bicyWhen Subsections a or b require the provision of more than 20 Minimum Parking Adjustments.Section 60.400.080Fapproval
granted through are required, and no reductions are permitted based on any parking spacesbicycle 10 um of minim . Avehicle spaces, and then at a rate of one per 20 vehicle spaces thereafterfor
the first 50 Minimum and Maximum Vehicle Parking Required, 1-400.08Table as shown in required for the proposed land use(s) 10 vehicle spaces bicycle space per80,000 square feet of
gross floor area shall provide bicycle parking at a rate of one s for individual buildings containing more than Site Development Plan T districts,-D and -, new or expanded developments
in the MXfive acres in sizeDevelopments over .required spacesbicycle parking with a minimum of 10 Adjustments, Minimum Parking Section 60.400.080Freductions permitted or approved
by any without Minimum and Maximum Vehicle Parking Required, 1-400.08Table as shown in for the proposed land use(s) required per 10 vehicle spacesbicycle space 40,000 square feet of
gross floor area shall provide bicycle parking at a rate of one s for individual buildings containing more than t PlanSite Developmen sdistrict T-and D-Developments over one acre in
size, new or expanded developments in the MX in the amount specified below.the bicycle parking does not warrant project, district, or locationparticular use, if of this subsection
adjust the requirements waive or willDevelopment Director The Community s for individual buildings containing more than 40,000 square feet.PlanSite Development applies to developments
over one acre in size Section 60.400.080M This that use of streets in the area for stacking is suitable.seating area (assuming four persons per vehicle), unless the Road Authority
has agreed nt of the number of vehicles anticipated at full capacity of the perce threeto handle site parking shall provide stacking space for inbound vehicles equal to the area needed
-uses such as stadiums with onRecreation Entertainment or Outdoor The site design for off areas.-up/drop-, or patron pickuse paths, sidewalks-ultiaisles, streets, bikeways, mparking
in maneuvering into parking spaces or traffic flow with enceto avoid interfer shall be designed and locatedRequired parking spaces , as applicable.StandardsProtection NeighborhoodSection
60.400.020FStacking spaces shall comply with Spaces 3 2 Spaces Spaces 3 2 Spaces Spaces 5 3 Spaces Spaces 5 3 Spaces 236 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Bicycle ParkingSection 60.400.080M ing, and StackingParking, Load Section 60.400.080
415 districts. Residential-NonMixed Use and The following requirements apply to all he storage of firewood. T and ;es and pickup trucksstreet parking of passenger vehicl-O gricultural
materials and equipment, if intended for use on the property; A ;premisesonstruction and landscaping materials and equipment currently being used on the C ;ecreational equipmentR
;aundry dryingL :orderood so as not to be visible from adjoining properties, except for the following when kept in gand equipment shall be stored within a building or be fully screened
,All materials, machinery designed for such purpose. n an enclosed building or closed container or garbage shall be kept i ,All waste, debris Agricultural and Residential districts.to
all apply The following requirements .way--rightsor adjacent public have when viewed from adjacent properties or equipment can ,of trash, merchandise, materialsis to regulate the
visual effect that uncontrolled storage Section 60.400.090this The purpose of Section 60.400.090 way.--tion areas, private streets, or public rightsrequired usable recreaencroach
over sidewalks, walkways, required open space, required landscape areas, Bicycle parking areas shall be sized and designed so that locked bicycles do not the pavement.e tubular steel
with angle bars permanently attached to construction such as heavy gaugbe securely locked to the parking structure. The structure shall be of permanent Bicycle parking facilities shall
be designed to allow the bicycle frame and both wheels to primary building entrance via a walkway. ected to a walkway adjacent to the building or within an abutting parking area where
connshall be located within 100 feet of a primary building entrance along a parkingBicycle be locked by the owner of the bicycle. weather in which the bicycle maycontainer or structure
protected from the that structure but in an enclosed occupants of the building and not to the general public, or is located outside that building that is secured or generally accessible
to tenants and area of 237 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: on 60.400.090ASecti Exterior Storage Section 60.400.090
416 .LightingSection 60.400.080J.8 inParking Lots and Garages shall comply with applicable standards Residential district.-in a Mixed Use or Nonthe abutting property is located if
candles foot twodistrict, and shall not exceed Residentialy is located in a ropertif the abutting pcandle one footproperty line shall not exceed spilling over onto adjacent residential
properties. The maximum permitted illumination at the r these uses shall be shielded to prevent light and glare from and tennis courts. Lighting fo ,ball diamonds, playing fieldsto
do not apply Section 60.400.100The requirements of this .specifically stated otherwise in this UDCunless Section 60.400.100of this requirementsthe meetshall ll uses in all districtsA
inimize disturbance to sensitive plants and animals.M urtail the degradation of nighttime visual environment; and C , security, and enjoyment of property; nighttime safety Maintain
;light pollution, glare, and light trespass einimizM educe excessive and unnecessary use of lighting; R . The standards are further intended to: welfare by permitting reasonable
uses of exterior lighting, safety, and healthublic protect and promote the pis to Section 60.400.100this The purpose of Section 60.400.100 .sandand lawn care products, propane, road
salt, ntial district or Residential use. This includes but is not limited to; firewood, not face a ResideOutdoor storage of items for sale are exempt from screening requirements, provided
they do .way--rightsproperties and or landscaping from adjacent ,shall be aesthetically screened by a permanent fence, wallsurface such as concrete and All outdoor storage or containers
shall be placed on a hard building.N zoning district trash shall be stored within an enclosed -residential uses in the MX-For non .Site Development Planon the shownaside for trash
storage and outside area shall be set adequatean within a structure, or enclosedtorage shall be sTrash 238 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Purpose: Section 60.400.100A Exterior Lighting Section 60.400.100
417 above grade.at a point five feet measured direct view of an observer standing at the property line source is completely shielded from the light designed so that the light bulb,
lamp, or be must ter than 1,000 lumens,grea with a light intensityviewable at the property line res that are ill internal luminaresidential use, a-On each property with a primary non
.Illumination for windows shall not exceed 2,000 lumens above grade.at a point five feet measured property line direct view of an observer standing at the source is completely shielded
from light be designed so that the light bulb, lamp, or must is viewable at the property line thatres that illuminate a window area iAll internal lumina .Use Trails-Sidewalks, Bikeways,
or MultiWalkways, Light sources or luminaires shall not be located within bufferyards except along candles. not exceed 15 foot must The maximum illumination at any one location on
the property .light sourcemeasured at the not exceed 5,000 lumens asmust The maximum intensity per light pole source. not exceed 50,000 lumens per acre as measured at the light
mustThe total light output that would result in reflective glare. or other materials ,highly glazed tilescombined with or mounted near any reflective materials such as mirrors,
shiny metalsnot be mustWhen neon lighting or exposed strip lighting is used for any purpose, it esidential district. Rprohibited in or adjacent to any is service canopies or detail
, or used to illuminate, outline,outline or detail buildings, windows, or doorsNeon lighting and exposed strip lighting used to illuminate building facades, or used to Aviation Administration.
Federalunless required by the is notTower lighting .hibitedpro or flashing ligh ,lickeringLaser, strobe, f for the type of luminaire used. Section 60.400.100this illumination
specified in wo readings shall be compared to the maximum permitted The difference between the tshall be made after dark with the light sources in question on, then with the same sources
off. as been exposed long enough to provide a constant reading. Measurements honly after the cell property line. Readings shall be taken inches above ground level in a horizontal position
at the Lighting levels shall be measured in foot candles with a meter sensor mounted not more than six 239 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Method of Measurement: Section 60.400.100D Exterior Lighting Section 60.400.100
418 is zero, and the maximum luminous intensity (in candelas) at or above verticaldegrees above For all luminaires, the maximum luminous intensity (in candelas) at or above any angle
of 90 nding at the property line at a point five feet above grade.completely shielded from the direct view of an observer staor source is ,Luminaires with a total cutoff of light
of less than 90 degree shall be designed so that the bare light bulb, lamp\[2\] dwellings, and shall not exceed 1,000 lumens. family- with no cutoff and lights with a total cutoff
angle of greater than 90 degrees are only allowed for single fam uminaires\] L1\[ 30 feet 30 feet feet 18 4,100 Kelvin footcandles 3,000 Kelvin footcandles 3,000 Kelvin ootcandlef
permittedNot permittedNot feet 15 permittedNot permitted Not 3,000 Kelvin footcandles permittedNot permittedNot feet 01 permittedNot permittedNot 3,000 Kelvin footcandles
.ination and HeightIllumMaximum Permitted 1-400.10Table Exterior lighting shall meet the requirements of .from vertical) degrees(90 at parallel to the groundinstalled must be
uminairesmounted l-All wall, canopy, and pole .nearest traveled wayadjacent to the nearest street of the triangle or, if no curb exists, from the edge of the treet . Vertical measurement
shall be made from the top of the curb on the sVisibility Trianglein any above curb grade between three and six feetlighting obscuring or partly obscuring -, there shall be no sightfront
or side street building setback at requiresIn any district th at ground level with lighting level uniformity, average to minimum, shall be 2:1 or better.foot candles -oriented lighting
providing at least four-mounted pedestrian-site or building- security purposes may be left on beyond the normal hours of operatioexcept that a minimum level of lighting for Specific
Standards, -Use ,Section 60.300.020 as stated in hall observe the same hours of operation as the use itselfxterior lighting sE 240 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Luminaire MountingSection 60.400.100F Exterior Lighting Section 60.400.100
419 .Section 60.400.110Iand Section 60.400.110Hards in in compliance with applicable stand that are Banner signsMurals and up to two the sign is located. wherefeet beyond the lot
line of threeof more than Any sign inside a building not attached to a window or door that is not legible from a distance .terestin the public inor when erected and maintained pursuant
to law ederal governmentCity, state, or for posted by the , required,sign erected, maintainedAny .process ign Permitare exempt from the Stypes of signs The following .apply nesiDestination
Medical Center Design Guidelines, the Design Guidelstandards in the and the Section 60.400.110this standards inIn the event of a conflict between the .Sign Permit ,KSection 60.500.060Ksign
permits shall be approved pursuant to Required .Section 60.400.110C exempted by highways ederalfand state eq. governing the control and regulation of signs alongSet. eq. and the
Federal Highway Beautification Act, 23 U.S.C. 131 SAct, Minn. Stat. 173.01 et. preempted by the requirements set forth in the Minnesota Outdoor Advertising Control notthat they are
ity to the extentCshall govern all signs located in the Section 60.400.110This court decisions.applicable es, or tstatuconstitutions ederalf tate ors based regulation of sign messages
prohibited by-contentcontext of regulation of signs, and not to engage in any form of regarding free speech in thecourt decisions ederalstate and fmply with all applicable laws, statutes,
regulations, and oC ; and land useszoning districts and and intensity of ,related to the use, locationby establishing minimum standards ssign mpacts ofi theand for signs alance the
needB within the Cityand the neighborhood character reserve property values P ;, bicyclists, and pedestriansfor driversobstructions anddistractions Minimize the City;allow citizens
to enjoy the natural scenic beauty of romote and preserve aesthetics and toP : are further intendedstandards . Theand display of devices serving as visual communications media ,erection,
useand procedures governing the ,comprehensive standards, regulations establishing the City of arewelf, and safety ,is to promote the public health 0Section 60.400.11this The purpose
of Section 60.400.110 flux of the lamp or lamps in the luminaire.of the luminous percent must not exceedvertical cal angle of 80 degrees above a verti 241 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.400.110A Signs Section 60.400.110
420 time:is required each Section 60.400.110D consistent with the standards in thisA new permit .KSection 60.500.060KAny lighted sign requires a Sign Permit pursuant to .KSection
60.500.060Krequire a Sign Permit pursuant to 60.400.110CSection y that are not listed in Citthe All signs erected, altered, or replaced within feet above grade. exceedarea and
shall not districts, this sign shall not exceed 64 square feet in Residential-NonUse and In Mixed six feet above grade. exceed shall not shall not exceed 36 square feet in area and
sign subject to Subsection a above, the those for all uses other than In Residential districts above gradeexceed four feet and shall not square feet in area exceed the sign shall
not ,DwellingsMultifamily that contain Household Living uses other than In Residential districts certificate of occupancy related to that building permit is granted.on the date a
building permit is issued and ending on the date on which the last initial ction barricade, beginning One temporary sign, located at a construction site or on a constru square feet
in area or four feet in height. does not exceed lease and that sale or listed foractively property is aa portion of opertya prerected during any period emporary signy t 211B.045.
Minn. Stat. Ch.Any temporary sign in compliance with structures or locations.Signs under 12 inches in height to enable emergency personnel to accurately identify way.--ucks or other
moving advertising media while operated on a public rightSound tr .usefeet in total sign area of all such signs per does not result in more than 10,000 square area anddoes not exceed
2,400 square feet in I district that -Any sign affixed to an athletic facility structure (excluding fencing) in the MX .district 200 feet of any residential primary use in a Residentiallocated
within facing and t do not have any lighted surfacespectators of those competitive sports, and thaby participants in and for viewing , that are oriented, located, and designedpetitive
sportscomdesigned and used for athletic fieldsrimary or accessory Signs located on allowed p .in areaand does not exceed three square feet provided the sign does not exceed three
feet in heightUse district ny Mixedin a in Facility-Drive an allowedgh lane of throu-the drivecontaining any lot ,from at each exit lighted sign-non, and one entrance each at signlighted
-nonOne .propertiesfrom abutting streets or and not to be generally legible while on the property, property ewed by occupants or users of the i, located, and designed to be vthat
is oriented in areasquare feet threenot exceeding and three feet in heightexceeding sign not lighted-nonAny 242 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Signs Requiring a PermitSection 60.400.110D Signs Section 60.400.110
421 conform to the provisions of the electrical code.Signs illuminated by electricity or equipped in any way with electrical devices shall t to be free swinging nor a menace to persons
or property.s nosupport so aresistance and wind loads. Signs shall be rigidly suspended by means of fastening or All permanent signs shall be constructed to meet Building Code standards
for wind .based on considerations of public and traffic safety Engineerby the City , unless approvedway--than nine feet above the grade level of the righthave a lower edge less
mayway --over a public right that is permitted to extendsign N .from the edge of the nearest traveled wayest street of the triangle or, if no curb exists, the curb on the street adjacent
to the nearVertical measurement shall be made from the top of Visibility Trianglewithin any gradeSigns shall not extend into the vertical space between three feet and six feet above
curb escape.or fire ,window, doorway No sign shall be placed so as to obstruct or interfere with a , the billboard standards apply.Billboards Section 60.400.110Gthese standards
and those in ns, including billboards. In the event of a conflict betweeThe following standards apply to all sig Any sign that contains any obscene wording or images. or pedestrian
traffic.c sign or signal or would impair or cause confusion of vehicular proper functioning of any traffior color would conflict with the ,governmental agency or that by reason of
positioning, shapeor any stateAny sign that is constructed to resemble an official marker erected by the City, esidential district.Rcultural and Agri from directly across lot abutting
Residential-NonUse or Any Mixed andubdistrictsMedical D-he T ;esidential districtAgricultural and Rny A :or intermittently lighted signs in ,Flashing, moving ds that contain stacked
multiple display faces.Billboar .types of signs are prohibitedThe following property tax records;exceeds 50% of the value of the existing primary building, as shown in applicable
existing primary building is improved or redeveloped, and the value of that work The gross floor area of an existing primary building is expanded by more than 50 percent; A new
primary building is constructed; 243 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Prohibited SignsSection 60.400.110E Signs Section 60.400.110
422 \]2primary structure maximum height \[Same as feet 8 sq. ft.4 sq. ft.2 50 sq. ft. sq. ft. sq. ft. sq. ft. \[1\] Buildings over 5 stories: 1 additional General: 1 1 BP, LI, SI T-D,
-G, - I- - - N- UseResidential -Non UseResidential Spotlight =S Backlight =B Internal =I .Section 60.400.110districts, unless stated otherwise in this the general sign standards
for all signs in all states tandardsSign SGeneral 1-400.11Table only be lit during business hours.may hours of operation esidential districts and located within a zone that restricts
RLighted signs adjacent to way.--public rightfrom any andistrict, dUse any Residential Use in a MixedistrictdResidential Agricultural and any fromot visible nis source eshielded
so that thhall be sof a sign for internal lighting, back lighting, or spot lighting source lightEach .tandardsSign SGeneral 1-400.11Table stated into illuminate signs as are permitted
Internal lighting, back lighting, and spot lighting .Section 60.400.110Gcomply with shall alsolboardBilsign shall be set back from each lot line by at least two feet. freestanding
ach E of a sign permit.prior to issuance obtainedis from the City a revocable permit unless way--a public rightshall be erected or allowed to extend over mental entityernNo signs
except those of a gov or inorganic natural matter, or on any power line or telephone pole.No signs shall be painted on, attached to, or affixed to any trees, rocks, or similar organic
the sign.another manner is integral to the overall design of part of the sign designed or painted inneutral color such as light blue, gray, or white unless it can be demonstrated
that such and/or backside of all signs shall be painted a ,The exposed uprights, superstructure lightning.parts of roof signs exposed to Adequate provisions shall be made for grounding
metallic 244 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Sign StandardsSection 60.400.110F Signs Section 60.400.110
423 quare feet above grade. and does not exceed four swith Multifamily Dwelling uses, provided that the sign does not exceed 24 square feet in area Household Living uses, and one per
entrance to a development containing multiple buildings to a to a subdivision of lots for individual One additional freestanding sign per entrance below. tion 60.400.110F.4Additional
signs for business centers are permitted that comply with S, I S, I feet 51 0 feet1 sq. ft. \[7\]250 \[7\]sq. ft. 150 1 PermittedNot PermittedNot Permitted Not Not Permitted
B I, B I, I I I feet 18 feet 16 1 2 feet1 feet 12 sq. ft. 24 sq. ft. 16 sq. ft. 12 sq. ft. 12 sq. ft. 8 1 1 1 1 1 Not Permitted B I, B I, B I, B I, S Not Permitted feet 15 feet 20
15 feet \[8\] feet 10 6 feet 6 feet sq. ft. 46 sq. ft. 64 sq. ft. sq. ft. sq. ft. 12 sq. 1 1 \[5\] 1 \[5\] 1 \[4\] 1 1 B I, B I, B, S B B Not Permitted BP, LI, SI T-D, -G, -
I- - - N- UseResidential -Non UseResidential Spotlight =S Backlight =B Internal =I 245 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Sign StandardsSection
60.400.110F Signs Section 60.400.110
424 shall not count against the permitted number of primary signs.permitted wall sign area, but the sun canopy the area shall count against sun canopyThe d primary signs.the area
of other permittesigns is matched by a reduction in freestandingincrease in area above that allowed for permitted an area up to double that permitted for freestanding signs, provided
that the sidewalk. Marquees shall be alent in the absence of sidewalk level or its equivNo sign affixed to or an integral part of a marquee shall be less than eight feet above any
the maximum freestanding sign area permitted for the property.of percent first is permitted at no more than 50additional freestanding sign above the . Each is permitted centerof
the business entrance per freestanding signone In addition, center. A total of two wall signs may be permitted per tenant within a business parking lot serving the business center;
andThe wall sign must face and be visible from a collector or higher level street or th Comprehensive Plan; stated in theas unless separated by an existing expressway or freeway esidential
district R that face a sfaçadell signs are not permitted on secondary requirements:and meeting the following ,of the area of the façade percent not to exceed 20 ,permittedis façade
. One wall sign per secondarywhere it is located requirements of the districtapplicable the that meetsand of the area of the façade rcent façade not to exceed 20primary on the wall
sign one Each individual tenant within a business center is permitted N district shall be a Monument Sign. -\[8\] Free Standings signs in the MX the area of the roof sign. l be reduced
by \[7\] If a roof sign is installed, the maximum permitted area for a wall sign(s) on the same property shal \[6\] Roof signs are prohibited for lots that are adjacent to a Residential
district. than 25 feet from any shared lot line with a Residential district. \[5\] Signs must be located no closer \[4\] Signs must be located no closer than 50 feet from any shared
lot line with a Residential district. \[3\] Lighted wall signs are not permitted on secondary façades adjacent to a Residential district. ere it is attached.\[2\] Must not extend above
the top of the wall wh ign area permitted for the property.sall w50% of the maximum be no more than must all sign wadditional the rea for aaximum m, the permitted all sign iswmore than
one \[1\] When BP, LI, SI T-D, -G, - I- - - N- UseResidential -Non UseResidential Spotlight =S Backlight =B Internal =I 246 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Sign Standardstion 60.400.110FSec Signs Section 60.400.110
425 permitted business hours.during only operate may oards bessage mlectronic eIn districts or when associated with allowed uses that have restricted hours of operation, daylight
hours, or at a level greater than 500 nits during nighttime hours. during,000 nits 5 ic message board may be illuminated at a level greater thanNo electron conditions.to control brightness
for nighttime viewing and varying daytime lighting solar sensorsbe provided with automatic dimming software or board shallmessage Each electronic .boardany part of or otherwise
varying light intensitygh throumovementnot move or create the appearance of may content The electronic message board shall not exceed one second of time. the time between messages transitions
are used, If dissolve or fade transitions. flashing, fading, blinking, or other similarscrolling, without or through dissolve or fade transitions, and instantaneously between imagestransitions
frequently than once every eight seconds, and does not change morecontains only static images, be programmed so it shall electronic message display The grade.exceed 12 feet above
not must electronic message board top of any permitted The .feet, whichever is less, or 32 square it is integrated where sign facewall or freestanding total sign area of the oard
signage shall not exceed 50 percent of theThe area of the electronic message b shall be integrated into the overall sign face. Each permitted electronic message board Agricultural
or Residential district. adjacent to anResidential lots -ctronic message boards are prohibited on any Mixed Use or NonEle districts.-N, and MX-Electronic message boards are prohibited
in Agricultural, Residential, MX include an electronic message board. Residential districts may -Only freestanding signs and wall signs in Mixed Use and Non ited.Electronic message
boards on service canopies are prohib are prohibited.a Residential district adjacent to and facingLighted signs on any service canopy façade .propertythe permitted canopy signage
shall be in addition to other sign allowances on the nd amay be used for signagearea façade vertical canopy percent of the conditions, up to from weather soutdoor customerto protect
service canopy is permitted Where a a Residential district. is adjacent to and facing he secondary façade tLighting is prohibited on marquee signs or sun canopy signs on secondary
facades when 247 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Sign StandardsSection 60.400.110F Signs Section 60.400.110
426 Road).Street NW from Trunk Highway 52 easterly to County Road 133 (West River th and ;Street NW th northerly and westerly to Trunk Highway 63 at 37County State Aid Highway 22
from Trunk Highway 14 at the University Center Street NW, th 52 at 55 northerly to Trunk HighwayCounty State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and :Citythe
portions of the following streets and highways within feet of and oriented toward the following located within 300shall be billboardNo 1e. in Figure shownesidential district as
Rto the closest point on any boundary of the way--right district. This distance shall be measured from the nearest edge of theResidential Agricultural and shall be located within
250 feet of a boundary of lboardbilNo .of Worship, School, or Medical FacilityPlace way as the--billboard is located on the same side or the opposite side of the right, regardless
of whether the is oriented a billboard where way--rightabut the same that properties Medical Facility Place of Worship, School, or restriction only applies to in Figure 1d. This shownproperty
as Place of Worship, School, or Medical Facility the to the closest point on any boundary line of Medical Facility or ,choolSPlace of Worship theto billboardthe . This distance shall
be measured from the nearest edge of FacilityPlace of Worship, School, or Medical shall be located within 300 feet of a billboardNo in Figure 1c. shownas billboardintersection to
the nearest edge of the railroad -oint of the streetp istance shall be measured from the centerThe dway--rightshall be located within 200 feet of the intersection of a street and a
railroad billboardNo in Figure 1b. shownway of two or more streets or highways as --sintersection of the rightfrom the radius foot100 shall be located within a billboardNo Figure
1a.in shownis directed as billboardthe whereline of the street or highway way--rightthe adjacent shall be measured along billboardsside of the street. Distances between ated on
the same loc billboard000 feet of another ,shall be located within 1 billboardNo standards:shall comply with the following spacing ,December 22, 1992illboards erected after bAll
248 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota BillboardsSection 60.400.110G Signs Section 60.400.110
427 Figure 1c Figure 1b Figure 1a 249 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota BillboardsSection 60.400.110G Signs Section 60.400.110
428 Figure 1e Figure 1d istricts.din Residential , banners are prohibited circumstancesother In all .district -, or R2-, R1-R units or adjacent to a four dwellingthan containing
fewerNo banners are permitted on any wall abutting a residential use districts -2, and R-1, R-AG, Rthe y district other than nadjacent to a streetcollector or higher order primarythe
banner is oriented toward an abutting , providedshall be permitted structureper primary ne banner onits, u dwelling or morefour with structuresesidential For r istrict.d -, or R2-R1,
-RAG, nor adjacent to a ,units four dwellingless than containiper tenant. No banners are permitted on any wall abutting a residential use o more than one banner shall be permitted
per use or , nsesuesidential r-For n .limitationsesidential districts shall be subject to the following RAgricultural and rs in Banne attached.it is wheremore than 18 inches from
the wall surface notbe mounted Each banner shall vertical building surface.parallel to a building façade or other maintainedor installEach banner shall be 250 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Temporary Signs: Section 60.400.110H Signs Section 60.400.110
429 property. limitations related to the approval shall be binding on future owners and users of the and all conditions and record of approval,in the Community Development Directorthe
ified by runs with the property unless otherwise spec An approved applica calculations to determine the total sign area or number of authorized signs. and the approved display shall
not be included in Section 60.400.110ted by this permitaffect the ability of the applicant to erect or maintain any other signs on the property . Any approval of a special display shall
not lot or development sitepermitted on the expands the number, size, and duration of signs otherwise applicationoved An appr .Appeals ,Section 60.500.030F.2in complete application.
Any appeal of the decision shall be heard and resolved as set forth A decision on the application shall be made within 45 days after the City’s receipt of a elow.Subsection 3 bpursuant
to the review criteria in Community Development Director be reviewed by the shall Section 60.400.110Idisplay under this mural or other Applications for approval of a ity provider.between
the City and any utilwritten contract On public utility boxes, meters, or panels where such placement is allowed by a ity property; orCOn that are located: displays, or , wall graphicsssponsored
sign-ityCdoes not apply to any Section 60.400.110IThis .Section 60.400.110this in physical standard applicable height, size, duration, or another permitted Exceed the and Section
60.400.110Eor Section 60.400.110C listed intypes of signs Are not on walls, or structures that:applies to all displays Section 60.400.110Ibelow, this bubsection SExcept as stated
in .Section 60.400.110this shall meet all other applicable criteria listed in Each sign month period. the duringproperty be issued for the shallOnce the sign permit expires,
no additional permits for such signs srelate thatthe event the completion of aftersign shall be removed within two days Eachmonth period. days in any ingsign shall be allowed
for a period exceed four feet in height. square feet in area shall exceed ignNo s :rdsfollowing standaall comply with the and Section 60.500.060.H,pursuant to of a sign permit
approvalafter SI districts and LI, - -ortable signs are permitted in the p Freestanding 251 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Murals and
Other DisplaysSection 60.400.110I Signs Section 60.400.110
430 n any component, panel, strip, or outer limits of the display face of a sign, or betweedisplay or used to differentiate it), but includes any open space contained within the structure
upon which the sign is placed (unless the structure is an integral part of the ced. The area excludes the sign’s message from the background against which it is pla other material or
color forming an integral part of the display or used to differentiate the sides that encloses the limits of text and graphics of a sign, together with any frame or eight straight Sign
area is calculated as the area within a continuous perimeter with up to .Section 60.400.110as that term is used in this on a permitted sign shall not be considered alteration of
the sign, Changes in the message Sign Permit.new need to obtain a message may be revised to instead contain a commercial message at any time, without the commercial -that contains
a non Section 60.400.110y sign permitted pursuant to this Sign Permit.new need to obtain a commercial message at any time, without the -message may be revised to contain a nonthat
contains a commercial Section 60.400.110Any sign permitted pursuant to this ty. properDoes not impair the performance of required City functions on or around the or odor impacts
on nearby properties; and Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, pedestrian traffic safety; r, bicycle, or Does not create a threat
to public health or safety or to vehicula repairs will be timely performed; provided adequate assurance (including financial assurance) that maintenance and applicant has unless thel
not require extensive or repeated maintenance, Wil expected weather conditions Will be treated to address vandalism and exposure to Does not exceed the dimensions of any surface upon
which it is mounted; from other permitted signs on the property; ed, or displayed in a way that is visually distinct Will be created, constructed, erect Constitution; Minnesota Constitution
and/or the Is a form of speech or expression protected by the First Amendment to the U.S. display: mural or if it finds that the proposed displaymural or other an application for
amay approve Community Development Director The 252 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Message Substitution: Section 60.400.110J Signs
Section 60.400.110
431 .taffSreview of a proposed application with City development-at the time of preshall be made DSection 60.400.120an incentive pursuant to this Requests for approval of development
site under this UDC.percent above the maximum number of dwelling units that could be located on that lot or on any lot or development site being increased by more than 25 sumber of
dwelling unitN under this UDC; or applywould otherwise above the maximum gross floor area that percent Maximum gross floor area on any lot or development site being increased by more
than 25 ; orunder this UDC applywould otherwise ximum FAR thatthe maabove being increased by more than 25 percent Maximum FAR on any lot or development site :the may result in
1-development, but no combination of bonuses in Table 400.12 rproperty omay be earned on a single ncentivesSummary of I 1-400.12Table More than one bonus in are designed to further
enhance the public health, safety, and welfare of the community.hese incentives Tlaw. ederalfand state de of Ordinances, other City regulations, Rochester Co, the UDCavailable for
actions in each of these areas that are not otherwise required by this . Incentives are only heritage preservationdevelopment practices, added public amenities, and me households, infrastructure
improvements, sustainable inco-of affordable housing for lowincreased development density, size, or flexibility. These public benefits include the development establishes incentives
to encourage public benefits in exchange for .120Section 60.400This Section 60.400.120 back parallel sign surfaces shall be the area of one of those surfaces.--backFor purposes of
measuring the size of a billboard sign, only one side of a sign with two height of the sign may be measured from the top of curb elevation.the If natural grade at the base of a sign
is lower than the grade of an adjacent road, landscaping, solely done for the purpose of locating the sign. backgrounds and support structures, exclusive of any filling, berming,
mounding, or the sign, including all foot radius at the base of the sign to the top of -grade within a sixSign height is measured as the vertical distance from the average elevation
of the finish appropriately scaled to the size of the copy. such elements areDirector determines thaif the Community Development Support structures will not be counted against total
sign frame or border or not.figure of any kind composing the display face, whether this open space is enclosed by a 253 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Purpose: Section 60.400.120A ntivesInce Section 60.400.120
432 removing or limiting an earned incentive., and shall not condition its approval on all approved incentives will be constructedassuming that Procedures and Administration Chapter
60.500making criteria in -decisionconsider the application pursuant to the applicable making body shall -the decisionHeritage Preservation Commission, Planning Commission, or City Council,
the approval of underlying development application is subject to , but the Section 60.400.120under this Staff has confirmed compliance with the requirements for one or more incentives
Where application. inistrative approval of the be included in the admshall incentive approved the Section 60.400.120the application complies with the applicable requirements of this
subject to administrative approval, and Where the underlying development application is by Staff review of the applicationshall be confirmed Incentives ,Section 60.400.120Compliance
with the requirements of this .Protection Standards NeighborhoodSection 60.400.020Fpermitted in heightexceeding the maximum building protection area neighborhoodNo height bonus
may result in a building located in a requested.y if an incentive was not being requirements and standards that would apply to the propertstandards or regulations. Incentives are
only awarded for actions that exceed those would otherwise be required of the development under this UDC or other adopted City that payment, or other action ny design feature, amenity,
may be awarded for a incentivesNo associated with each action.each incentive is available, and the different bonuses that are wherezoning districts lists the actions for which incentives
are offered, the ncentivesSummary of I 1-400.12Table Subsection 1 may be approved after preliminary approval of the application.If the application requires both a preliminary and
a final approval, no request for waiver of aring has taken place. approved after that public heIf the application requires a public hearing, no request for waiver of Subsection 1
may be requested incentive be presented.shall require that the public meeting be repeated and that information regarding the Subsection of a public meeting related to the application
has already occurred, any waiverIf .taff to repeat earlier steps in the review processSCity incentive will not require acceptance of a later request for approval of a permitted that
the Director determinese if the requirement in Subsection 1 abovwaive willThe Community Development Director 254 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota mary of IncentivesSumSection 60.400.120D Incentives Section 60.400.120
433 .are met tainable Development, Section 60.400.120E.3 insupply stated if levels of renewable energy minimum lot size A 10% reduction 2x-2, and R-1, R-R additional stories of building
height.maximum of 2 of new or replacement street construction, up to asquare foot 01of additional building floor area for each percent5 D-MX .in maximum increase to a , up water,
storm drainage, and/or electric linesnew or replacement linear foot of 01of additional building floor area for each percent 5 for FAR limitsDistricts subject al stories of building
height.additionmaximum of 2 of new or replacement street construction, up to asquare foot 01of additional building floor area for each percent 5 D-MX .maximum increase of new or
replacement street construction, up to a square foot 01area for each of additional building floor percent 5 FAR limitsDistricts subject to by at least 10%. the City’s piped storm
drainage system stormwater that would otherwise be transmitted into the amount offeatures reduce ite stormwater management s-on maximum FAR, if, and in districts with FAR limits a
10% increase in area minimum lotIn districts without maximum FAR limits, a 10% reduction in All other districts by at least 10%. piped storm drainage system therwise be transmitted
into the City’s stormwater that would o features reduce the amount ofstormwater management site -on ifadditional stories of building height A maximum of 2 D-MX restricted.-incomeare
, whichever is larger, f dwelling unitso% 15dwelling units at least 20 additional stories of building height A maximum of 4 D-MX .restricted-incomeare , whichever is larger, dwelling
units% 15at least 20 dwelling units maximum building height if 0 feet of e above, an additional 2increas In addition to the FAR T-MXand -I, MX-MX ,G-MX4-3, R-R restricted.-incomeare
, whichever is larger, of dwelling units% 15at least 20 dwelling units % increase in maximum FAR if A 20 T-and MX-G, MX-C, MX-MX-N, MX-, MX3-R estricted. r-15% of dwelling units, whichever
is larger, are incomesize if at least 20 dwelling units or A 10% reduction in minimum 2x-R2, and -1, R-AG, R.result in a building height exceeding the Neighborhood Protection StandardsNo
incentives are awarded for actions otherwise required by this UDC or adopted City regulations. No incentive may 255 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota ivesSummary of IncentSection 60.400.120D Incentives Section 60.400.120
434 property (the “Sending Lot”) renovated to landmarked of floor area in an existing designated 5%For each 2. development on the Sending Lot; or“Sending Lot”) that it is deed restricted
to prevent future (the lot containing a designated landmarked property of unused potential building floor area on a 5%For each 1. designated landmarked property (the “Receiving Lot”):00
feet of, and in the same zone district as, the 6lot within in a new building constructed on a building floor area 5% additional D-MXT, and -I, MX-MX least 25%.development exceed those
otherwise required by the City by at maximum FAR, if public land dedications related to the nd in districts with FAR limits a 10% increase in minimum lot area, aIn districts without
maximum FAR limits, a 10% reduction in All other districts required by the City by at least 25%.dedications related to the development exceed those otherwise public land 2 additional
stories of building height ifA maximum of D-MX-4, MX-R stories in building height.2 additional D, up to an -, or in MXincrease in building floor area 5%maximum least partially within
100 feet of that public street, up to a public street, and located at the public, visible from at least oneimproved and furnished square, plaza, or gathering space open to square foot
of 1additional building floor area for each 5% of D-MX-I, MX-G, MX-MX-S, MX-N, MX-MX height.one additional story in buildiD, up to -maximum FAR, or in MXincrease in %10features,
up to a weather protectionpedestrian linear foot of 01of additional building floor area for each 5% D, BP, LI, SI-MX-I, MX-G, MX-MX-S, MX-N, MX-MX are met. Developmenttainable ,
Section 60.400.120E.3standards in uilding bgreen the A maximum of 2 additional stories of building height if D-MX t.are me tainable Development, Section 60.400.120E.3standards in uilding
green bif the FAR in maximumincrease 20% BP, LI, and SI-T, MX-I, MX-MX-C, MX-S, MX-MX-4, MX-3, R-R .are met tainable Development, Section 60.400.120E.3renewable energy supply stated
in if levels of additional stories of building height A maximum of 2 D-MX-4, MX-R .are tainable Development, Section 60.400.120E.3stated in if levels of renewable energy supply in
maximum FAR increase20% SIand T, BP, LI,-MX-G, MX-C, MX-MX-N, MX-MX 3,-R.result in a building height exceeding the Neighborhood Protection StandardsNo incentives are awarded for
actions otherwise required by this UDC or adopted City regulations. No incentive may 256 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Summary of IncentivesSection
60.400.120D Incentives Section 60.400.120
435 .site treatment-filtration, detention, or constructing an offreducing treatment options available such as -olumev-would otherwise have nonon a project that reductionsite stormwater
-This incentivizes on .MS4 permit latestof the water quality volume, as defined by the percent reduction of 100water site - srovidethe applicant por more, acre oneisturbance area
of projects with a dFor MS4 Permit. latestquality volume, as defined by the site treatment of the water -the proposed disturbance area. This incentivizes on, regardless of 100 percent
of the water quality volumefor treatment water site- srovideapplicant p, the acre oneprojects with a disturbance area of less than For criteria.following the meetproposed improvements
whether the The City Engineer shall determine .shall meet one of the following three requirements rastructure providedadditional infthe ,ncentivesSummary of I 1-400.12Table In
order to earn the incentive identified .(LHTC) sCredit The project has been awarded Low Income Housing Tax least 30 years; area median gross income for owner occupied properties
for atof the area median gross income for rental properties and less than 110 percent of the or less percent individuals whose income is 60 forThe units are restricted for occupancy
.lopment Directorthe Community Deve, as determined by requirementstwo affordable housing units shall meet one of the following the ,ncentivesSummary of I 1-400.12Table In order
to earn the incentive identified .Section 60.400.120E thislisted in for that bonus requirements allthat comply with only be available to applicants shall ncentivesSummary of I 1-400.12Table
listed in ncentivesI additional stories in building height. 2footage up to a maximum of D, additional building square -If the receiving lot is in the MX Lot.in maximum FAR on the
Receiving increase% to a maximum 20 Up eservation Commission.Pr meet applicable standards of the City’s Heritage .result in a building height exceeding the Neighborhood Protection
StandardsNo incentives are awarded for actions otherwise required by this UDC or adopted City regulations. No incentive may 257 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Incentive RequirementsSection 60.400.120E Incentives Section 60.400.120
436 below:s of energy listed installation of those devices will generate at least the minimum amount(s) are being installed and that the systemfollowing types of renewable energy one
or more of the thatacceptable to the City submit written evidence shall applicantThe .requirementsshall meet one of the following infrastructure providedsustainable development
additional , the ncentivesSummary of I 1-400.12Table In order to earn the incentive identified City Engineer.development by this UDC or other adopted City regulations, all as determined
by the to mitigate potential impacts of the proposed by the applicant be provided y, comply with applicable City construction standards, and are not required to the Cita type and design
that are needed by of and are needed by the City, linesproposed are in a location where the water, storm drainage, and/or electric lines The .occupants of the proposed developmentthe
residents or s forbenefit provide additional and by the applicantfor , and d, dedicateconstructare water, storm drainage, and/or electric lines The residential developments.D district,
and installing oversized water mains in -transformer vaults in the MXbuilding -installing inrwise required, underground lines where that is not othelines to electric overhead , converting
to improve existing serviceand/or electric line water, storm drainage, , the replacement of an existing drainage, and/or electric linewater, storm he efficiency of an existing connection
to complete or improve tEligible improvements include but are not limited to the provision of a new link or UDC or other adopted City regulations, all as determined by the City Engineer.impacts
of the proposed development by this the applicant to mitigate potential with applicable City construction standards, and are not required to be provided by are needed by the City, of
a type and design that are needed by the City, comply e in a location where the proposed street improvements The street improvements ar development.the residents or occupants of the
proposed and provide additional benefits for by the applicantfor and pa , dedicateconstructstreet improvements are The .use trails-or multi ,bikeways sidewalks, travel lanes,mobility
improvements such as vehicle Eligible improvements include but are not limited to the construction or payment for 258 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Incentive RequirementsSection 60.400.120E Incentives Section 60.400.120
437 :for this incentive includens. Development features eligible protection to pedestrians from adverse climatic conditioconstructs and pays for one or more of the following features
that provide applicantThe .shall meet one of the following three requirements al public amenities providedaddition, the ncentivesSummary of I 1-400.12Table In order to earn the
incentive identified .Community Development Director, as determined by the above (d)through (a)ubsections Ssustainability benefits to at least one of the programs listed in party
sustainability program producing equal or greater -Another verified third Globes Certification rating system; Three Green Globes Certification by the Green Building Initiative (GBI)
Green Challenge (LBC) rating system; Petal Certification by the International Living Future Institute Living Building (NGBS) Green Certified rating system;nal Green Building Standard
Silver Certification by the Home Innovation Natio Energy and Environmental Design (LEED) rating system;Silver Certification by the U.S. Green Building Council (USGBC) Leadership in
party sustainability programs:-following verified thirdtion by one of the and expects to receive certifica reviewedis being The project ; orprogramparticipate in the City benchmarking
agrees to period of at least five years and aintain an Energy Star score of 75 or higher for a mis designed to he project T ction 1) or 2) below:Subsewith either showing compliance
submit written evidence acceptable to the City The applicant shall above. ubsections Scompliance with generate at least the amount of energy that would have been generated through
site will -installed on systemsA combination of solar, wind, and geothermal energy erage electricity used in all primary buildings;annual avsite geothermal technology will generate
at least 50 percent of estimated - annual average electricity used in all primary buildings; scale wind energy will generate at least 50 percent of estimated -site small- buildings;
area of all primary building or lot equal to at least 70 percent of the total roof electricity used in all primary buildings or solar panels will cover an area of the site solar panels
will generate at least 75 percent of estimated annual average - 259 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Incentive RequirementsSection 60.400.120E
Incentives Section 60.400.120
438 makes the following findings: Director Community Developmentthe , the application shall be approved if Staff approval igible forIf the application is el complies with the following
criteria.the application incentive if it finds that requested maker shall approve a-The applicable decision .containing the historic structurelot 600 feet of the within that is designated
as a historic landmarkor enhancements to a building restorationsay for Pursuant to designs approved by the Heritage Preservation Commission, p City;development density transfer
mechanisms acceptable to the historic structure, and through rough a deed restriction on the lot containing the 00 feet of the lot containing the historic structure, 6to another lot
within structurethe lot containing the historic fromthe unused development potential or floor area by transferring gnated landmark an existing desireplacement of demolition or Discourage
:shall either applicant, the ncentivesSummary of I 1-400.12Table In order to earn the incentive identified in environmental corridors. systems providing access to major public facilities
or alongor trail ,community parks, special use parks, city squares or triangles, parkwaysEligible facilities include but are not limited to playlots, neighborhood parks, adopted
City regulationother required of the applicant by any Section of this UDC or that are not otherwise, and approved plan and/or capital improvement program-on a Cityfor that purpose
in a location shown purposededicate additional land for public shall applicantThe .Section of this UDC or other adopted City regulationre not required by any A ;to users of the
amenity protectionor weather ncorporate seating areas or furniture and features to provide shadeI ;the publicvisible to, and highly accessible to penAre o :tthaplazas, squares,
and other types of gathering spaces, , including but not limited to owned spaces-privatelyterm maintenance of, -ensuring long, and submit evidence acceptable to the City for payconstructshall
applicantThe and the Community Development Directoroccupied buildings and Parking Garages, in locations approved by the City Engineer , or between controlled walkways between buildings-climatencl
osed and Fully e ;ity Development Directorthe City Engineer and the Communusing designs approved by y, in locations and --right public a buildings acrosskyway or subway connections
to adjacent scontrolled -and climatenclosed Fully e 260 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Criteria for Incentives: Section 60.400.120F
Incentives Section 60.400.120
439 or solid waste discharge; ,Odors resulting from liquid, air Radioactivity, electrical disturbance, radiation; of nuisance: sconcerning the following typeederal regulations ftate
and sThe City shall have the authority to enforce applicable required.is sof the Rochester Code of Ordinance and Title 17 -94 and -9Sectionpliance with m Section 60.400.130 provided
in the area where the project is located.of a type that is not adequately Director has determined that the proposed amenity is If the application proposed a “Public Amenity” incentive,
the Community Development capacity is needed in the area where the project is located; anddetermined that the proposed additional infrastructure Development Director has If the application
proposes an “Additional Infrastructure” incentive, the Community Comprehensive Plan.Council as an element of the City Master Plan for that area that has been adopted by are consistent
with any ing the incentive includ Site Development PlanThe application or and ;with the incentive proposed developmentThe existing or future planned public facilities in the area
are adequate to serve the the pattern of zoning within 1,000 feet of the property boundaries; area or The proposed development plan is compatible with the existing land uses in the
;Procedures and Administration ,Chapter 60.500pplicable criteria applicable to that type of application in meets all aThe application :, complies with the following criteriaincentives
earnedthat the application, including all maker determines -decisionapproval, the application shall be approved if the City Council or ,Planning CommissionCommission servationHeritage
Pre subject toIf the application is .type that is not adequately provided in the area where the project is locatedproposed amenity is of a “Public Amenity” incentive, the If the
application proposed a n the area where the project is located; andcapacity is needed i additional infrastructureincentive, the proposed application proposes an “Additional Infrastructure”
If the ;Comprehensive PlanCouncil as an element of the CityMaster Plan for that area that has been adopted by e consistent with any including the incentive Site Development PlanThe
application or with the incentive proposed developmentThe existing or future planned public facilities in the area are adequate to serve the .Incentives tion 60.400.120Secthis comply
with all applicable standards in Site Development PlanThe application and 261 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Federal Requirementsance
with Other City, State, and CompliSection 60.400.130A Maintenance and Operation Section 60.400.130
440 .and providing emergency contact information for the owner of the containerr identifying each sign no larger than two square feet in area shall be attached to the containecontainer
must be kept free of graffiti, posters, bills, and signs, except that Each storage corrosion, rust, rot, holes, or leaks. free of painted and be ge container must storaEach .structurally
sound and aesthetic conditionlandscape planters, fences, and walls shall be repaired or replaced periodically to maintain a landscape structures including, but not limited to, vegetated
roof infrastructure, raised All andhealthy, and free from disease and pests; All plant material, including plant material on vegetated roofs, shall be maintained alive, :specificallyyperpetuitnt
erest shall be responsible for the regular maintenance of all landscaping elements in iDevelopers and their successors in Failure to maintain all landscaping is a violation of this
UD .by the Cityagreed to in writing otherwise dedicated to the City or unless ontinuously maintained by the applicantbe cshall IncentivesSection 60.400.120in constructed in return
for a bonus Any public amenities required in this UDC including those or possible violation notice. Zoning Certificause being considered for a ection shall be taken at the property
line boundary of the Sn this istandards theenforcement of , the measurements necessary for Section 60.400.130 thisin Unless otherwise noted cause a public health and safety concern.and/or
failure to comply with these standards could ,Section 60.400.130standards of this any of the difficulty complying with is likely to haveoposed use or development that the prdetermines
Community Development Directorimpacts of a proposed development or use if the require a specialized report detailing the potential will Community Development DirectorThe , the more
stringent standard shall apply.In the case of more than one standard applying Burning of natural material. Blasting; and ;Emission of particulates Fire and explosion hazards;
Heat discharge and emission; Toxic matter discharge or disposal; iquid and solid waste discharges and disposal;L 262 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Specialized Report: Section 60.400.130B Maintenance and Operation 0Section 60.400.13
441 waste materials in open fires is prohibited.and fire suppression equipment and devices standard in the industry. Burning of fightingfirewith adequate safety devices against the
hazard of fire and explosion and with adequate All activities involving, and all storage of, flammable and explosive materials shall be provided .eyond the lot linebdegree centigrade
more or ne y ob he ambient air or water temperaturet increases emission of heat shall be allowed if ittate regulations are not applicable, no continuous or repetitive discharge or sederal
and fWhere .Development Distinctive authorized as part of are districts except whe or quality permits are prohibited in any district other than the level air ederalfor tate s regulations
to obtain ederalfor tate s are required by thatUses being emitted. chemist demonstrates that a discernible odor is unless shall not be deemed to be odorous are not listed thatSubstances
.Manufacturing Chemists’ Association,Abatement Manual“The Air Pollution the most recent version ofin for the substance concentration listed nd the point of measurement exceeds the
lowest substance in the air at or beyoThe existence of an odor shall be presumed when the concentration of the odor causing one day and more than two days out of the month.To be continuous,
an odor must be present for more than 15 minutes in any measurement.of substances at or beyond the point detectableodor causing continuous odor or no use shall emit any result,a
different do not requireederal regulations for stateUnless .law ederalfor tate s required otherwise , unless the use ceased operationthe sign owner within 60 days from the date
Signs that relate to activities on the lot that are no longer in operation shall be removed by alterations requiring a sign permit.and maintenance of signs shall not be deemed as
,repainting, changing of parts The and weeds. ,and clear of all obnoxious substances, rubbishand inoffensive condition and free ,or manager of the property in a clean, sanitary
,lesseeEvery sign and the immediate surrounding premises shall be maintained by the owner, d at all times. The display surfaces of all signs shall be kept neatly painted or poste
in proper state of preservation. and anchors shall be kept in repair and ,All signs, together with their supports, braces, guys attached to the storage container.area shall be
square feet in twothe incident. A company identification sign no more than must be repaired within two weeks of of the storage containerGraffiti and other vandalism 263 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Signs: Section 60.400.130G intenance and Operation Section 60.400.130
442 measuring different types of vibration:of identifying and sVibration refers to ground transmitted oscillations. For the purpose ederal standards require a different resultftate
or sunless the standard shall applythe stricter ederal standards, ftate or sand applicable conflict the standards in Subsection 1, and in case of standards regarding particulate emissions,federal
tate and sapplicable all In addition to complying with those standards in Subsection 1, all uses shall comply with percent excess air. 500 degrees Fahrenheit and 50resulting from
combustion, standard corrections shall be applied to a stack temperature of of conveying gas in any other district. For measurement of the amount of particles in gases grains per cubic
feet of conveying gas in any residential district and 0.3 grains per cubic feet cles shall be emitted at any point in concentrations to exceed 0.1 No solid or liquid parti period
hour-during any one eight minutes totalfor a emittedmay be chart. 3 on the no shade equalSmoke of a Ringleman No. 2 Residential- period hour-during any one eight minutes totalfor
a emitted chart. 2 on the no shade equalSmoke of a Ringleman No. 1 Mixed None Ringleman No. 0 ResidentialAgricultural and an equivalent apparent opacity.applicable to visible gray
smoke, shall also apply to visible smoke of a different color but with various zoning districts the acceptable level of smoke emissions. These provisions, indicates for the Maximum
Smoke Levels 1-400.13Table for the measurement of smoke. The Ringleman Smoke Chart published by the United States Bureau of Mines shall be used Measurement of smoke shall be at the
point of emission. point of measurement. direct or reflected, is visible at theIn all other districts, no operation or activity shall be conducted so that any glare, whether candles
at the point of measurement. excess of 0.5 footcesses, such as combustion or welding, shall cause illumination in high temperature prodistricts, no direct or sky reflected glare, whether
from flood lights or from LI and SIIn the 264 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota GlareSection 60.400.130K erationMaintenance and Op Section
60.400.130
443 not be allowed to cross lot lines unless an approval has been issued for that purpose.Amplified sounds at a level higher than 65 decibels (the level of normal conversation) shall
boundaries, rather than outward towards property boundaries. from property Any amplified sound equipment shall be mounted so as to direct sound inward properties. that would create
a public nuisance interfering with the use and enjoyment of adjacent levels of noise and shall be conducted so as to avoid the creation of any noise permissibleregarding 8-7-Section
8 Rochester Code of OrdinancesAll activities shall comply with the specified above.are no greater than twice those thatvibrations. Impact vibrations are limited to values d 60 per
minute shall be considered impact do not excee thatper minute. Discrete impulses are continuous or in discrete impulses of more than 60 thatSteady state vibrations are ones as 6.28
times the displacement in inches multiplied by frequency in cycles per second. locity may also be expressed perpendicular components recorded simultaneously. Particle veThe maximum
particle velocity shall be the maximum vector sum of three mutually Residential District- Use District Mixed 0.05 Residential District 7AM) –0.01 (9PM 9PM) –0.02 (7AM .Vibration
Levels 2-400.13Table the levels in Vibration shall not exceed acceleration simultaneously in three mutually perpendicular directions.instruments capable of recording vibration displacement
and frequency, particle velocity, or Ground transmitted vibration shall be measured using a seismograph or complement of ulses.striking each other so as to cause separate and distinct
pn earthborn vibration generally produced by two or more objects shall mean a Impact (Hz).in one second of time. Frequency shall be expressed in cycles per second (cps) or hertz etely
repeats itself he number of times that a displacement complshall mean t Frequency where specific impulses do not exceed 60 per minute or one per second.ground transmitted vibration
stemming from a source shall mean a Discrete Impulses nerally measured in inches or mils.Amplitude is ge normal resting position.e maximum displacement of the surface of the earth
from its shall mean th Amplitude 265 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Noise0.400.130OSection 6 Maintenance and Operation Section 60.400.130
444 \]D\[ \]R\[ R Y Y Y Y Y 60.500.040FSection \]D\[ \]2\[R \]1\[\]R\[ R Y Y Y Y Y 60.500.040ESection \]D\[ \]1\[R \]R\[ R Y Y 60.500.040DSection \]D\[ R R Y Y a60.500.040B.4.Section
\] \[R\] R Y Y 60.500.040BSection \[D\] \[R\] R Y 60.500.040ASection making bodies.-required, and the role of City review and decisionapplication meeting is -whether
a preauthorized by this UDC, whether public notice is required, lists the development applications ,Summary Table of Review Procedures1-500.01Table purposes and standards of this
UDC.ance with the development proposals and to ensure that proposed development will be in accordis to provide consistent, equitable procedures for the review of sectionThe propose
of this Section 60.500.010 266 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.500.010A sIntroduction and Summary Table of Procedure
Section 60.500.010
445 \[ D Y Y 60.500.060BSection \[A\] D 60.500.060ASection \[A\] \[D\] R 60.500.050CSection \[A\] \[3\]D R 60.500.050BSection \[A\] D 60.200.04C
nSectio \[A\] \[D\] R Y Y Y Y Y 60.500.050ASection \[D\] R R Y Y Y Y Y 60.500.040NSection \[D\] R R Y Y Y Y Y \[D\] \]R\[ R Y Y Y Y Y 60.500.040LSection \[D\] R R
Y 60.500.040JSection \[D\] R R Y 60.500.040ISection \[D\] R Y 00.040H60.5Section \]D\[ R R Y Y Y Y Y 60.500.040GSection 267 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Review ProceduresSummary Table of Section 60.500.010B oduction and Summary Table of ProceduresIntr Section 60.500.010
446 designations shall be reviewed by the Heritage Preservation Commission rather than the Planning Commission. \[2\] Official Zoning Map Amendments that involve designation of HPO
landmarks or landmark districts or removal of HPO landmark ion Commission.Heritage Preservat\[1\] UDC Text Amendments that involve the HPO or related procedures shall be reviewed by
both the Planning Commission and the \[A\] \[D\] R Y Y Y 60.500.070CSection \[A\] \[D\] R 60.500.070BSection \[A\] D 60.500.070ASection \[A\] D 60.500.060KSection
\[A\] D 60.500.060JSection A \]5\[ 60.500.060ISection \[A\] \]5\[ 60.500.060HSection \[A\] D Y 60.500.060Gction Se \[A\] D 60.500.060FSection
\[A\] D 60.500.060ESection \[A\] \[A\] D 60.500.060DSection \[A\] D \[4\]Y \[Y 60.500.060CSection 268 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Review ProceduresSummary Table of Section 60.500.010B Introduction and Summary Table of Procedures Section 60.500.010
447 lable for public review in the Community Development Departmentavaiand spublic record separately ules or forms shall be maintained, which rregulationsapplicable codes, statutes,
and other and UDC responsibilities consistent with thisduties and theircessary to perform placards, or other material as may be nerms, may make such rules and prescribe such fo Community
Development DirectorThe agency or officer responsible for determining whether an application should be approved., regardless of the DepartmentCommunity Development available through
the made issued, and maintained, shall be UDCAll forms required in the administration of this body shall be responsible for performance of a specific action. publicthis UDC or another
City ordinance or regulation indicates that another City official or unless Summary Table of Review Procedures 1-500.01Table those duties indicated in, including but not limited to
the performance of overseeing the administration of this UDCnt Director shall be generally responsible for organizing and The Community Developme .in accordance with its administrative
provisions UDCthe to enforce Community Development Director or their authorized representativeduty of the . It shall be the the Community Development DirectorThere is hereby established
the office of .UDC responsible for the administration of thisand public bodies describes the organization, powers, and duties of the offices This Section Section 60.500.020 \]
Decision made by City Engineer.5\[ or an information meeting. development Meeting-\] A Site Development Plan proposing development of four or fewer residential units does not require
a 4\[ blic Meeting rather than Public Hearing is required.Pu\[3\] 269 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.500.020A making
Bodies-Review and Decision Section 60.500.020
448 approval of the City Council. r with theayoMappointment by the Vacancies occurring on the commission shall be filled for the unexpired term by an ity Charter.Csubscribe an oath
of office as prescribed by the duties, shall take and theirEach member of the commission, before entering upon fies.qualiand until a successor is appointed and ,three yearsMembers
shall serve a term of shall serve without compensation.Commission members approval of the City Council.ayor with the MAll members shall be appointed by the 9-2Chapter Code of
Ordinances organized under Rochester established as consisting of nine members, There shall be a Planning Commission interpretation. the invalidatethis UDC to where the Council
has amendthout limitation on the period of time except An interpretation shall be valid wi ceived. consistent with the interpretation which must be permit or certificate applicationfile
the appropriate allow the requester to The effect of an interpretation shall be to and StructuresUnlisted Uses Section 60.300.010C evaluated underUse interpretations shall be .Boundary
Interpretation60.200.020BSection to evaluated underZoning district boundary interpretations shall be ity Development DirectorCommunto the in writing request the issued pursuant to
it. An individual requesting an interpretation shall submit this UDC, or any ruleuse interpretations, of and boundaries of the Official Zoning Mapthe or is responsible for making
interpretations The Community Development Direct iespart requestingthe applicant and other a copy of the decision to Submit ; andthe decisions of the hearing body within a reasonable
timender ;decisioninclude the decision on the matter heard and the reasons for the hearing, whichCouncil, prepare minutes of the City hearings before the Except in the case of
;bodyand a summary of action taken by the hearing ,postponement and continuancesnotice, hearings, rrelevant dates such as that includes Maintain a record ;as required by this UDS,
City Code or other l Give notice ;Schedule the matter for review and hearing shall:UDC, the Community Development Director is required by this public hearingWhen a 270 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Planning CommissionSection 60.500.020C making Bodies-Review and Decision Section 60.500.020
449 from its members various committees.may deem necessary. The Commission shall have the power to designate and appoint The Heritage Preservation Commission shall elect from its members
such officers as it ll meet at least four times a year.The Heritage Preservation Commission sha guidelines established by the City Council. approved expenses incurred in the performance
of their duties in accordance with Members will not receive a salary for their services, but may be compensated for any or. success45 days remaining, the Mayor may allow the term
to expire without nominating a Council to fill the unexpired term of the office. If a vacancy occurs in a term with less than ancy occurs, the Mayor shall nominate a successor for approval
by the City When a vac serve until their successors have been appointed and qualified. year terms. All members shall -expire. All subsequent appointments will be made for threeEach
term of office shall expire on December 31 of the year the term is scheduled to erms. year t-Heritage Preservation Commission members shall serve staggered three development. without
limitation, architecture, construction, legal, real estate, and economic avocations and fields engaged in historic preservation efforts and issues, including, Demonstrated interest
and expertise may include experience and interest in a variety of interest and expertise in historic preservation and must reside within the City. Heritage Preservation Commission members
must be persons with demonstrated ty Council. All members shall be nominated by the Mayor and appointed by the Ci organizations.business and be present for the purpose of building
collaboration between the two member. This individual will be included in discussion and deliberation of ongoing voting -navailable, a member of Olmsted County Historical Society, who
shall be a noIn addition to the voting members, the Heritage Preservation Commission shall include, if The Heritage Preservation Commission (HPC) shall consist of nine voting members.
.Summary Table of Review Procedures 1-500.01Table in those shown which shall include but not be limited to this UDC, administrative procedures as identified in relative to various
making powers -The Commission shall have advisory and decision .UDCthis ouncil, Charter and City Cwhich rules shall not be inconsistent with the provisions of the set of rules to govern
its own meetings and procedures, The commission shall adopt a thereby.any members of the commission whenever the best interests of the city shall be served ayor, with the advice and
consent of the council, shall have the authority to remove MThe 271 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota CommissionHeritage Preservation Section
60.500.020D making Bodies-Review and Decision Section 60.500.020
450 .Review ProceduresSummary Table of 1-500.01Table o those shown inwhich shall include but not be limited tand the ordinances of the City of Rochester, Charter of the City of Rochesterthe
Chapter V of tate of Minnesota, including but not limited to those powers stated in smunicipality in the the governing body of a to those powers and duties available The City Council
shall have all .Airport Protection Overlay APO 60.200.040BSection duties related to the APO district are in Zoning Board of Appeals Additional .Summary Table of Review Procedures
1-500.01Table , which shall include but not be limited to those shown inChapter 20de of Ordinances Rochestervarious administrative procedures as identified in the making powers relative
to -shall have advisory and decision Zoning Board of AppealsThe .Development DirectorCommunity of which shall be filed with the determine its rules of proceeding, a copy shall choose
a chair from among its membership and f Appeals oZoning Board The No member shall serve more than two consecutive terms. representative, who shall serve for a term of one year.
ommission CPlanning Members shall serve for a term of three years, except th ouncil. City CAll members shall be appointed by the Mayor with the approval of the ommission. Planning
Cshall be a member of the consisting of seven members, one of whom f Appeals oZoning Board e a There shall b .Summary Table of Review Procedures 1-500.01Table those shown inwhich
shall include but not be limited to this UDC, administrative procedures as identified in various making powers relative to -shall have advisory and decision issionThe Comm .AdministrationProcedures
and Chapter 60.500and related procedures in Heritage Preservation Overlay –HPO Section 60.200.040Cits affairs and for the purpose of carrying out the intent of servation Commission
shall follow adopted City policy for the conduct of The Heritage Pre 272 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Zoning Board of AppealsSection
60.500.020E making Bodies-Review and Decision Section 60.500.020
451 .will be requiredmeeting period, a new eeting is not filed within that one year Mdevelopment -Papplication related to the the meeting date; if an eeting is valid for one year
afterMdevelopment -P basis. don a first come, first servescheduled eeting shall be development M-PreThe year after the meeting date.one eeting is valid for Mevelopment d-A Pre
application types.ment eetings are strongly encouraged for other developMdevelopment -Pre eeting. Mdevelopment -Pare required to participate in a development or industrial ,, commercialuse
mixed with five or more units, residentialthat propose development of All applications ProceduresSummary Table of Review ,1-500.01Table application types, as shown ineeting is required
prior to the submission of certain Mdevelopment -P :are required as followseetings Mevelopment d-Pre ication. better prepare the formal applStaff can offer guidance and information
that helps the applicant to may be required. and public hearings, and determine public improvements and engineering studies that ability, identify required development review processes
property zoning and utility availprior to submitting a formal application for development, to review meet with Staff eeting is intended to provide an opportunity for the applicant to
Mdevelopment -PThe requirements beyond the common review procedures.types, and identify additional procedures and applicationto specific are applied identify how these common review
procedures JSection 60.500.060Kthrough 60.500.040Section type. applicationNot all common review procedures apply to every development .60.500.060KSection through JSection 60.500.040eview
and approval procedures identified in specific rprovide the foundation for Section 60.500.0 The common review procedures in this Section 60.500.030 273 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota GeneralSection 60.500.030A Common Procedures Section 60.500.030
452 residents ed on its design, accessibility, or proximity to baschoice of meting facility, If the Community Development Director has concerns regarding the proposed.in which the
development is ,Section 60.400.030M.5.e.2) , as described inthe citycility, located in the same quadrant of The meeting must be held in an accessible business days prior to the notification
mailing. fiverequest form at least Information Meeting NeighborhoodThe applicant shall complete and submit a Neighborhood Information Meeting schedule Directorment Community Developthe
in writing that applicant shall request the above, notification that a hearing is required under Section 60.500.030B(2)(b)(2) or (3) or upon Summary Table of Review Procedures 1-500.01Table
Where required b .Minor Revisions to Applications Section 60.500.030D.5included in applications is minor and major revisions to More detail about ormation Meeting.Neighborhood Inf,
the Community Development Director may require an additional Meetingplans shown at the initial Neighborhood Informational andproject the from changes substantial is revised during
the application process to includeapplication the If feesubmit the application but will not be required to pay an additional -allowed to reOnce the Neighborhood information Meeting
has been held, the applicant will be application is incomplete until a Neighborhood Information Meeting has been held. that the notify an applicant that such a determination has been
made and Community Development Director will, within 15 days of receipt of an application, The .material or unexpected impacts on the surrounding area likely to haveis determines that
the project torthe Community Development Direc required Information Meeting may be Neighborhood . A Information MeetingNeighborhood administeruse, commercial, or industrial development
are required to mixedropose development of residential with five or more units, All applications that p ProceduresSummary Table of Review 1-500.01Table application types, as shown
incertain prior to the submission of is required Neighborhood Information Meeting ject design.before substantial time and expense are invested in a specific prohold a meeting in
order to be aware of potential community concerns and reactions are nevertheless encouraged to Neighborhood Information Meetingto hold a required are not who Applicants the developers
on their proposal input and feedbackprovide , and their community(if any) in request information about the proposed developmentto an opportunity where development is proposed neighborhood
residents of a the provide is intended to pense,held at the applicant’s ex Neighborhood Information MeetingThe 274 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Submittal Activities-Pre: Section 60.500.030B Common Procedures Section 60.500.030
453 hearing; of the purposeThe Assessor;metes and bounds description, or the tax map designation assigned by the County se of a map or postal address and a subdivision lot and block
designation, a uproperty for which the development permit or other action is pending, including the a description reasonably calculated to inform a person of the location of the Where
the hearing involves a development application for a specific parcel of land, hearing;The date, time, and place of the Notice of a hearing shall contain the following information:
.followse scheduled, noticed, and conducted as bthe hearing shall that a public hearing is required,indicates ity Code or State Law or CSummary Table of Review Procedures 1-500.01Table
Where the date of the Neighborhood Information Meeting. plication for development shall be submitted within 30 calendar days from The ap reason why no change was made.concern, any
changes made to the application in response to that concern or the The summary shall list each concern raised at the meeting, and for each such he meeting, the number of attendees
and the topics discussed.and location of tAn application for development shall include a written summary stating the time .MeetingNeighborhood Information reviewed concurrently by
City Council require a single to be are related to a single action or development or that licationsMultiple app .sNeighborhood Information Meetingat or approve development proposals
,shall not present, evaluatemay attend but taff S on federal holidays, including Election Day. s orscheduled City Council meetingot be scheduled to conflict with regularly shall neetings
Mnformation I Neighborhood where the proposed development is located. , if any exist,sAssociationshall also notify Registered Neighborhood Director Community DevelopmentThe development
is located. where the proposed ,ation, if one existsRegistered Neighborhood Associ, and shall notify the Written NoticeSection 60.500.030C.1.b accordance withat least 10 calendar days
prior to the meeting in hborhood Information MeetingNeigprovide a mailed postcard notice of the will DirectorCommunity Development The to select an alternate location.the applicant
may be required who may be affected by the proposed development, 275 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public Hearings: Section 60.500.030C
Common Procedures Section 60.500.030
454 the hearing.calendar days prior to the day of at least ,state law Minnesota authorized by formother any or in ,City of Rochesterthe newspaper of the official When published notice
is required, it shall be published in days.calendar t least 10 application for athen the hearing body shall continue the hearing on the proposed requirements, and a delay will not
prevent compliance with statutory or other time s ability to participate in a public hearing, ’impaired a surrounding property ownerdefect defect prior to proceeding on the application.
If it is found the omission or hearing body, either at or prior to the hearing, the hearing body shall consider the is brought to the attention of the ewritten noticIf any omission
or defect in the .g actionthe underlyininvalidate shall not requirements notice good faith attempt to comply with the a afteror defects in the notice notice written The failure of
a property owner to receive .Development Director, unless the address is on file with the Community is filed nthe time an applicationame is not in the tax records at ’s person a notice
is not required whenWritten addresses to which notice was sent. ommunity Development Director will keep a list of all of the owners and The C and ;ity CouncilC application; Any
township included within or adjacent to the property subject to the shall be notified; and the tenants of those property owners ownerssubject to the application, provided that no
fewer than 50 distinct property ty of the proper feet350 within occupying property situated wholly or partly affected by the application or owning or of property and tenants All owners
calendar days prior to the day of the hearing. Notice shall be provided to:at least 10 Directorelopment Mailed notice shall be sent out by the Community Devtenant mailing addresses
obtained no more than 60 days prior to mailingowner and property and sources of s real property tax records’be obtained from the Countymailed notice required by this UDC shall Unless
otherwise provided, addresses for a written comments may be submitted.verbal or Where information regarding the application may be examined and when and how of the UDC that are
pertinent to the hearing procedure; andThe sections appear and be heard; mayThe interested parties 276 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Public Hearings: Section 60.500.030C Common Procedures Section 60.500.030
455 impair the validity of the proceedings on the application. or not prevent the conduct of the public hearing or meeting this failure shall law, ayed due to statutory or other time
requirements imposed by cannot be delor the hearing impaired the public’s ability to participate in the public hearing, the hearing body, the hearing body finds that failure to comply
has not If failure to comply with these requirements is not brought to the attention of .by lawimposed will not prevent compliance with statutory or other time requirements provided
that such delay body may continue the hearing for at least 10 days impaired the public’s ability to participate in the public hearing, the hearing requirements has not provide evidence
that any failure to comply with these. If the applicant does not Section 60.500.030C.1.direments of this requfailure to comply with the treated as Failure to submit evidence shall be
.public meetingor hearing ate of the first publicddate on which signs must be posted and the between the submit evidence of compliance with these posting requirements he applicant
shall Prior to the first public hearing or public meeting date, t public. the placed so that it is visible toleast one sign must be If the subject property does not have street frontage,
at of the lot boundary. , within five feet way)--(not the public right be posted on the subject propertySigns shall salley ingnot includy, --linear frontage abutting a public rightfor
every 300 feet of sign shall be placed At least one way.--the public rightunobstructed view from with an must be visible to the public, sign(s) Posted has taken final action upon
the application. g body public hearinfinal until the the sign(s) and maintaining public hearing,first days prior to the date of the the sign(s) at least 10 calendar The applicant
shall be responsible for posting Development Department.shall be provided by the Community e signs content ofand (s)signRequired application is filed that requires City Council
approval. shall be erected on the property where a development signagesite public notice - 277 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public
Hearings: Section 60.500.030C Common Procedures Section 60.500.030
456 .Section 60.500.030public hearing on the application in accordance with the applicable standards in this ld a If the application is subject to a public hearing, the applicable review
body shall ho the resulting decision., and shall not be grounds for appeal of )s(public hearinga delay of application review or ot be grounds for a delay of delivery or newspaper
publishing, or for other reasons, shall nmail addresses since those were last provided to the City, or due to errors in postal -of address since the latest update to the City real estate
records, or due to changes of edue to changes the failure of an intended person or organization to receive actual notice, then Published Notice Section 60.500.030C.1.cas required by
this providedotherwise lished, mailed, posted, or pubprovides evidence that the required notices were timely f the applicant iSection 60.500.030C(1)(b.2 and d.2)b aboveExcept as provided
in proceedings. but any errors in such notification will not impair the validity of the ificationnotelectronic , including but not limited to 60.500.030C(1)not listed in above, or
in forms fthrough The City may provide additional notice to persons or entities not named in Subsections a he notice at least 10 days before the hearing.Commissioner receives tMinnesota
Commissioner of Natural Resources so that the be sent to the must properties located in the FPO districtto related public hearings of Copies of notices postmarked within 10 days
of final action.and Natural Resourceof rMinnesota Commissionemust be sent to the granting variances or conditional uses under local shoreland management controls A copy of approved
amendments and subdivisions/plats and final decisions and postmarked at least 10 days before the hearing. sources Natural Minnesota Commissioner of management controls must be sent
to the amendments, or conditional uses under local shoreland Protection Permits, Shoreland Copies of notices of any public hearings to consider variances, Department. Upon removal,
all signs shall be returned the Community Development withdrawn from consideration. decision, or within five days of an application being the hearing body’s of from the subject property
within five days all signs shall removeThe applicant 278 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public Hearings: Section 60.500.030C Common
Procedures n 60.500.030Sectio
457 .Traffic Impact Report, or Traffic Design AnalysisRezoning Traffic Analysis, seeking a waiver of the requirements regarding for applicants meeting with the City Engineer may be
scheduled A scoping UDC application to which the analysis relates.The adequacy of the analysis will be determined during review of the submitted.before the application is complete
and containing all required information as approved by the City and must be ections, criteria of those individual sthat meet the Subsection bsubject to this for all applicationsrequired
is below)(together the “Traffic Impact Study Requirements” and as further described Traffic Design Analysisor Report, Impact affic Analysis, TrafficRezoning Tr .Minimum and Maximum
Vehicle Parking Required1-400.08Table as described in street parking-site off-are not required to provide onthat D zoning district-of the MXof the City except those portions districtsl
zoning in alThe following provisions apply 4410.4400 as amended. An environmental Impact Statement as required by Minnesota Rules Part t the project has the potential for significant
environmental effects. thactor determines Environmental Quality Board; or if the Community Development Dire4410.4300 as amended; when required following a petition sent to the An Environmental
Assessment Worksheet as required by Minnesota Rules Part pplication, as applicable.ainformation shall be submitted with an additional he following. Tapplicationtype of eachall
forms and information required for The Community Development Director will provide .ctorCommunity Development Direthe applicant and the agreement between only by writtenfinal decision
may be extended deadline for the The .grant or deny the appealnature of an appeal, rove with conditions, or deny the application or, if the hearing is in the approve, appUDCFollowing
a hearing, the hearing body shall, within the time limits imposed by this 279 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Application Submittal and
Processing: Section 60.500.030D Common Procedures 500.030Section 60.
458 consisting of 3.6 acres or more. or ,G-property zoned Thoroughfare Plan.or proposed freeway or expressway as indicated on the adopted grade access opening onto an existing -an
at A development that uses trips through a single access point; or1,500 or more average daily concentratesA development that may average daily trips; orgenerate, based on the size
of the development, 750 or more data published by a public agency or institution, and which will ITE Trip Generation Informational Report or comparable research ent versions of the
per acre per day or greater, according to most currhas an average trip generation rate of 125 trips thatland use type A pursuant to this UDC:Subsection (a) above, or unless that
requirement is waived or modified e a Rezoning Traffic Analysis pursuant to application is required to completthe application involves any of the following, unless the whereAmendment,
or Land Use Plan District Amendment Plan approval, ZoningDevelopment Land Subdivision Permit, General Development Plan approval, Site or Minor MajoA Traffic Impact Report shall be required
for a Conditional Use Permit, review processdetermined through the application shall be acceptability of the analysis The more acres.g to the BP zoning district consisting of seven
or A proposed rezonin G, LI or SI.-that is zoned MXhalf acres or larger -a-and-of threeProposed development for a site existing Land Use Plan designation; orone acre which would
permit uses generating higher traffic than the and Use Plan involving more than A proposed amendment to the L freeway or expressway on the Thoroughfare Plan; orpotential to take access
within 500 feet of a corridor identified as a A proposed rezoning on a site located along, or which has the uld be developed under existing zoning; ormost intensive use that coduring
the peak hour or at least 1000 more trips per day than the A proposed rezoning that could generate 100 or more directional trips This requirement applies to:uses allowed by the requested
land use or zoning classification. proposed reasonable time period to safely and conveniently accommodate the whether adequate transportation capacity exists or will be available within
a Plan Amendment requests. The purpose of the analysis is to evaluate certain Rezoning and Land Use for is requiredA Rezoning Traffic Analysis 280 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Common Procedures Section 60.500.030
459 property owner, or if one or more such signatures cannot be obtained, the application obtained for each signature of a person authorized by Subsection a above must bethe f the
application, there are multiple owners of the property that is the subject oWhere ;evidenced by a letter or document signed by the owner or contract purchaserpurchaser, or other person
having a recognized property interest in the land, as ehalf of the owner, contract on b applicationperson authorized to submit the by a City;a recognized property interest in the
land on which development is proposed within the he owner, contract purchaser, or any other person having t shall be submitted by Cthis UDr processes under s, permits, oapplicationCUnless
expressly stated otherwise in this UD standards.or the approval of the application conditioned upon compliance with those and related requirements on the City’s website may be denied,
60.500.030D.1.bSection Analysis, or Traffic Design Analysis that does not comply with this An application required to submit a Rezoning Traffic Analysis, Traffic Impact previously
completed studies.refinement of with previous approvals or to identify the need for revision ornsure consistency etraffic analysis study has been completed will be reviewed to whether
a development application is complete, proposals for which an earlier art of the review for determining actions result in the reformulation of plans. As pinclude more detail as development
plans become more specific or approval Studies completed at an early stage of development may need to be updated to area.ent, and the existing conditions in the project traffic generated
from the developmdepend on the location of the project, the amount of City’s website, and will including but not limited to traffic level of service standards, appearing on the shall
be determined by standards and criteria, or report sisanalyThe extent of the development as proposed.improvements or that no unsafe or hazardous conditions will be created by the
determines that such report is not necessary to determine needed road the City Engineer neer be waived by the City Engi mayTraffic Design Analysis The requirement to prepare a Rezoning
Traffic Analysis, Traffic Impact Report, or .pursuant to this UDC, unless that requirement is waived or modified a Traffic Design Analysisired to complete Traffic Impact Report will
be requRezoning Traffic Analysis or do not require a thatAll Land Subdivisions and General Development Plans consisting of seven or more acres. property zoned 281 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Common Procedures Section 60.500.030
460 correct may applicantof the submittal deficiencies. The applicant shall notify the Directorthe Community Development is incomplete, applicationUpon determining that the have
been satisfied and all required fees have been paid.and D Section 60.500.030Bin as listed submittal requirements -shall be considered complete until all pre applicationNo Cfor compliance
with applicable review standards of this UD application, and that has sufficient detail and readability to evaluate the ionapplicatparticular for submittal of the Cand this UD City
websiteinformation and materials required by the is one that contains all application. A complete applicable to the same propertyby an appointed or elected body h conditions of previous
approvalsand is consistent wit is complete applicationshall determine whether the Staffapplication nOn receiving a .applicationhas taken action on the CouncilCity Commission or
ningas been held, regardless of whether or not the Planh applicationhearing on the City CouncilCommission or ningNo refunds shall be permitted after a Plan or that involves a local
subsidy.public organization -that is actively being promoted by a unit of local government or quasiication fee for any proposal may waive the appl Community Development DirectorThe
, subdivision request, or permit.applicationtaken on any Until all applicable fees, charges, and expenses have been paid in full, no action shall be Rochesterll payments shall be
made to the City of other applicable fees. Ataff shall calculate the total amount of the application fee and any Scomplete submittal, Department has received a Community Developmentsubmittal.
When the applicationDepartment office at the time of Community Developmentat the Fees shall be paid Department Office. Community DevelopmentThe official fee schedule shall be available
to the public in the from time to time. city’s schedule of charges and fees which will be adopted by resolution and modified shall be set forth in the The applicable charges or fees
requiring a feepermit, or process applicationfor any on the City’s website taff shall maintain an official fee scheduleS approved, would cure or render moot the current violation.s
for a project that, if Community Development Director determines that the application inotice of an outstanding violation of the UDC related to the same property, unless the applicant
may file an application under this UDC for a property that has received a No .the City Councilor the Mayor, Preservation CommissionHeritage landmark property or landmark district
may be filed by the property owner, the 2.b, above, an application for designation of a and Notwithstanding Subsections 2.a, f at least 50 percent of the land involved.oof the owners,
or their representatives application must include the signatures he For amendments to the Official Zoning Map, t missing signatories.harm or liability to the interests of the why the
application may be processed without ures and the reason shall document what efforts were made to obtain the missing signat 282 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Common Procedures Section 60.500.030
461 In such a case, the revised application will not be considered .Section 60.500.030B.2.bDirector may require an additional Neighborhood Information Meeting pursuant to impacts on
abutting properties when compared with the application as submitted, the rties, or reduce the amount of open space on the site, or create additional abutting propeChange will increase
the height of a structure above grade, reduce setbacks from If the Community Development Director determines that a Minor 160.500.070A.4Section nt Director has the authority to approve
under Community Developmeinclude only those types of changes that the changes to an applicationMinor .applicationsubstantive changes to the development proposed in the constitute
only minor additions, deletions, or corrections and do not include significant making body, as long as they-or decision ,the advisorytaffSsuggestions made by be limited to changes
that directly respond to specific requests or mustRevisions purpose of timelines under state law and this UDC. and submission of a new application for amounts to a withdrawal of
the prior application Such revision must be accompanied by an acknowledgment that the revision .applicationmaking body after that body has reviewed, but not yet taken action on, the
-decisioniving permission from an advisory or taff review, or upon requesting and receSfollowing ompliance deficiencies cotice of nafter receiving application nmay revise a n applicantA
Analysis. thereceipt of the business days of 15 within applicant the to e provided bmust missing informationthe determination and notice of such ordinance, of this requirements satisfy
the not does complete or Analysis is not the determines City Engineerthe ordinance. If of this requirements the satisfies and Analysis is complete the determines City Engineerthe
after complete the application shall be considered of one or more of those documents is requiredTraffic Impact Report, Traffic Design Analysis, or waiver AnalysisRezoning Traffic Where
a .ter 60.500Chap standards of thisfor review in accordance with the procedures and applicationshall accept the Staffapply, and that Subsection e above does not is complete, applicationUpon
determining that the xist, pursuant to Code of Ordinances Section 85.25.subject property or the applicant eall not be reviewed if existing violations of this UDC related to the otherwise
complete shthat is The Community Development Director may determine that an application dvisory body until it is determined to be complete. hearing by any review or aor scheduled
for a public Cshall be reviewed for compliance with this UD applicationNo by the applicant in connection with an inactive application shall not be refunded.Any application processing
fees paid ned to the applicant.submitted to date will be returDirector transmits the notice, the applicant will be considered inactive, and materials r the date on which the days afte
missing materials or corrected materials within nder this UDC, and the applicant does not submit the materials in an application uIf the Community Development Director notifies an applicant
of missing or deficient is complete. applicationdetermines the Staff for a determination of completeness until applicationthe deficiencies and resubmit the 283 raftAdoption D
–June 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Common Procedures Section 60.500.030
462 shall accompany and be of whether to approve or deny the Director’s decision concurrently with an application that requires approval by an appointed or elected body, is being reviewed
Summary Table of Review Procedures1-500.01Table pursuant to Where an application that may be approved by the Community Development Director ModificationMinor and ;Variance Conditional
Use Permit; ermit;Pubdivision Major Land S after review;ance that are to be decided by the Council Questions of Land Use Plan conform Site Development Plan; lan;Pevelopment DGeneral
Amendment of Official Zoning Map; The following application types may be reviewed concurrently: by the designated hearing body.Each application requires a separate action as stated
in this UDC individuallyapplication shall be subject to the same criteria and findings that apply to each applications multipleTwo or more applications may be reviewed concurrently.
The concurrent review of ody shall decide.withdrawal shall be with or without prejudice as the governing bIf a formal application is withdrawn after it is heard by the Planning Commission,
the application. withdrawal shall be without prejudice and shall have no effect upon any subsequent on, the If a formal application is withdrawn before it is heard by the Planning
Commissi and may be subject to additional fees. ,development Meeting-Pre if the original application required development Meeting-Preshall require a ionapplicat. Restarting an abandoned
fees related to the application shall be refunded to the applicantno application or processing shall be deemed abandoned and applicationdeficiencies, the days after notification of
those noted deficiencies within -taffSresubmitted to address has not been has undergone the applicable review process and applicationaccepted If a Section 60.500.030B.2.bto pursuant
additional Neighborhood Information Meetingrequire an , and may applicationa new requirehall s ,Permitted Minor Modifications 1Section 60.500.070A.4changes to an application that are
not listed in als for proposAll elated to such meeting. applicant has satisfied all other requirements of this UDC rcomplete until after the Neighborhood Information Meeting has been
held and the 284 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Application Submittal and Processing: Section 60.500.030D Common Procedures Section
60.500.030
463 or another Section of this by Community Development Directorvelopment Approvals Section 60.500.060 specific criteria for approval of that type of application are listed inProvided
that no .the Community Development Director shall make the decision whiche applications for indicates Summary Table of Review Procedures1-500.01Table .Summary Table of Review Procedures1-500.01Ta
ble indicated inns, and decisions as shall be subject to review, hearings, recommendatio applicationThe Director.UDC shall be based on the application not including those incentives
denied by the applicable review of the application by an appointed or elected body required by this anythe Director may deny the requested incentive, and not be able to support those
costs, the incentive, and that the City’s current budget or budgetary processes will not or may obligations to finance operation or maintenance expenses related to the City impose on
will any incentive requested in the application approval of If the Director determines that Development Director.approved by the Community based on the application including all
incentivesshall be y required by this UDCappointed or elected bodan by of the application review any applicable If the Director approves any incentives requested in the application,
provided in Chapter 60.400.120F. , Heritage Preservation Commission, Planning Commission, or City Council as Directorommunity Development Decisions regarding applicable incentives
are made by the C required for approval of an incentive.and criteria procedure decision w andlists the revie IncentivesSection 60.400.120 listed in this UDC. applicationthis UDC,
including without limitation those criteria for approval for that type of based on its compliance with applicationapprove, approve with conditions, or deny the maker -or decisioneport
shall recommend that the hearing board and/Rtaff SThe UDC and other adopted City, state, or federal regulations.complies with applicable provisions of this applicationeport indicating
whether the Rtaff Smmunity Development Director shall prepare a maker, the -hearing board or decisionfor which the Planning Commission or City Council serves as a applicationFor each
determines otherwise ation, but the Director’s decision will stand unless the designated authority applicor deny the approve it with conditionsacts to approve the application authoritydesignate
d shall not become final unless and until the elected or the Director’s decision o be part of the application considered by the appointed or elected body, but considered t 285 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Review and DecisionSection 60.500.030E Common Procedures Section 60.500.030
464 ideration.reconsrequire revised applicationthat changed conditions or changes in the determinesneed not be reconsidered unless Community Development Director approvedthe portions
of the application that were application is resubmitted within one year, sly denied . If a previouSection 60.500.030D.3pursuant to new fee requireda denied application and resubmit
it, with payment of a reviseAn applicant may actions within the timelines in that development agreement. performed all required has he property, tIf subject to a development agreement
and ;violation or render the pending legal action mootunless the proposed action would result in a correction of the administrative ruleation of any federal, state, county, or city
land use law or result of a violsubject to a pending notice of violation or legal action as a not The property is ;Modifications, or VariancesModifications, Major as modified by any
previously approved Minor egulations, rapplicable provisions of this UDC and other City allwith compliapplication The any required approvals from other bodieand agencies, information
on file with the Community Development Department, comments from referral evidence submitted with the application, met, based on the ollowing criteria are determines that the f The
Community Development Director Minor Land Subdivision Permit., Major Land Subdivision Permit, or Development Distinctive Development Plan,related to the property including but not
limited to any approved General lopment approvals consistent with any previous deve must beThe application 7 days (following approval by others) Departments or AgenciesReview by Applications
Requiring Approval or 20 days Department or AgenciesApprovals by Other Applications Not Requiring 10 days Sign Perm 5 days Housing CertificateRental 10 days Zoning Certificate within
the following time frames:or certificate shall either issue or deny a permit Community Development Director thecomplete, and a determination that the application is Following acceptance
of an application complies with the following criteria: ons, pursuant to the following: if it approve an application, or approve it with conditi, the Director may Section 60.500.060UDC,
in which case the specific criteria listed in 286 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Review and DecisionSection 60.500.030E Common Procedures
Section 60.500.030
465 .applicationwhether to grant the application, grant it with conditions, or deny the and make a preliminary recommendation of Section 60.500.030D underThe Community Development
Director shall review any information received instructions on where to obtain additional information.and development, . The notice shall contain a synopsis of the Written Notice60.500.030C.1.bSe
ction Action to all persons designated to receive notice as stated in The Community Development Director shall also mail a Notice of Proposed nity Development Director. Commuof up
to seven days is requested by the agency and granted by the referral agency shall be presumed to have no comment, unless an extension comment. If the referral agency does not comment
within seven days, the to each referral agency for review and or appropriate parts of the application, approval, Staff shall, within three days, transmit one copy of the application,
Following acceptance of an application subject to Planning Commission :provisions shall applyfollowing additional , the shall make the decision on an application Commissionthe Planning
indicates that ,Summary Table of Review Procedures1-500.01Table nt practicable.the maximum exteany negative impacts on surrounding properties to mitigateThe application will
; andSubdivision Permit, Major Land Subdivision Permit, or Minor Land Development Distinctive cluding but not limited to any approved General Development Plan,the property inThe application
is consistent with any previous development approvals related to Modification, Major Modification, or Variance; adopted City regulations, as modified by any previously approved Minor
licable provisions of this UDC and other The application complies with all app application, or approve it with conditions if it complies with the following criteria:approve the shall
designated authority, the a designated authoritydecided by pecific criteria for approval of an application to be f this UDC does not provide sI .described for each application type
using the processapplicationthe criteria applicable to approval of that type of with conditions, if it complies withshall approve the application, or approve it designated authorityapplication,
thshall make the decision on an designated authoritythis UDC indicates that any or another provision of ,Summary Table of Review Procedures1-500.01Table 287 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Review and DecisionSection 60.500.030E Common Procedures Section 60.500.030
466 protected by the U.S. and Minnesota constitutions, including but or religion expression om of requests approval of a use or activity involving freedWhere an application shall
make a decision within that time period. ,Table of Review ProceduresSummary 1-500.01Table maker shown in-decision, the designated number of daysbe made within included in this UDC
Where Minnesota law requires that a decision s consistent with the Rochester Comprehensive Plan.The application i ; andthe maximum extent practicablenegative impacts on surrounding
properties to any The application will mitigate Subdivision Permit, Major Land Subdivision Permit, or Minor Land DevelopmentDistinctive the property including but not limited to any
approved General Development Plan, with any previous development approvals related to The application is consistent Modification, Major Modification, or Variance; adopted City regulations,
as modified by any previously approved Minor applicable provisions of this UDC and other The application complies with all with the following criteria:approve it with conditions if
it complies shall approve the application, or City Council, the the City Councildecided by If this UDC does not provide specific criteria for approval of an application to be .Decisions
by City CouncilMajor ,00.040Section 60.5listed in decision based on the criteria applicable to approval of that type of application make the shall City Council shall make the decision
on an application, ncilCouthe City indicates that ,Summary Table of Review Procedures1-500.01Table hearing, unless an extension is agreed to by the applicant.when the hearing was
held, within 25 days of the close of the present The Planning Commission shall take action by majority vote of its members revised copy to the applicant.Community Development Director
shall make such change or transmit a If there are any changes to the preliminary notice of action, the .ecisionD Section 60.500.030E.3development permit in the manner provided for
by Commission, the Community Development Director shall dispose of the scheduled for review, or following a scheduled review by the Planning t Director is not If a preliminary decision
of the Community Developmen parcel under consideration.land within 500 feet of, and to at least 50 property owners closet to, the evSection 60.500.030C, notice shall be sent to all
property owners who hace procedures outlined in Prior to the public hearing, in addition to the noti 288 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Review and DecisionSection 60.500.030E Common Procedures Section 60.500.030
467 takes formal action to attach that condition to a development approval.making body -making body unless and until the decision-reflect actions by the decisionlations. Discussions
of potential conditions to mitigate impacts do not statutes, or reguintent to impose any condition that would violate the federal or state constitutions, conditions, and no discussion
of potential conditions shall be deemed an attempt or making body may consider alternative potential -eration, the decisionDuring its consid determination of impacts.anticipated impacts
of the proposed development, as shown through an individualized shall be roughly proportional both in nature and extent to the applicantsbroad class of according to a formula applicable
to a public entity in an amount that is not calculatedto dedicate land or pay money to a n applicantAny condition of approval that requires a Comprehensive Plan, other plans adopted
by City Council, and this UDC.sary to carry out the purpose and intent of the Such conditions may include those necesproposed use or development or shall be based upon standards duly
adopted by the City. All conditions of approval shall be reasonably related to the anticipated impacts of the as follows. applicationapproval of the may condition Summary Table of
Review Procedures,1-500.01Table listed in application nmaking body for a-provisions on the City website, the decisionthat does not comply with this UDC and related n applicationnative
to denying aAs an alter those improvements.unless the City has approved a development agreement authorizing alternative timing of residential floor area, -total number of dwelling
units and total nonrelative to the phaseincluded in that r areafloo residential-number of dwelling units and nonproportion to the in phaseof each area shall be developed during
the initial phases or during constructionbe constructed in phases, landscape area and usable recreation Where a development is to months from the date of the first hearing on the
matter. between the applicant and the Community Development Director, but not to exceed six The final decision may be extended for a reasonable period of time by agreement ty Development
Director.Communicomplete application with all required supporting materials, as determined by the shall mean a or application For purposes of this Subsection 4, a written request
notice of appeal.the appeal shall be heard within 60 days of the ,Review Procedures Summary Table of1-500.01Table is appealed to an appointed or elected body of the City as shown
inthe decision within 60 days, and ifon the application shall make a decision Procedures,Summary Table of Review 1-500.01Table listed in maker -the decisionWorship, an Adult Entertainment
use or a Place of not limited to applications for approval of 289 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Review and DecisionSection 60.500.030E
Common Procedures Section 60.500.030
468 body.Testimony shall be transcribed if required for judicial review or if ordered by the hearing party.dy shall be prepared by the responsible Minutes of the proceedings before
the hearing bo attached to the decision.of approval deny the proposed application and any conditions approve or The decision to ; andconditionsusion to approve or deny an application
with or without The reasons supporting a concl ;reviewedA statement of the applicable criteria and standards against which the proposal was :sinclude thatThe hearing body shall prepare
findings of fact and an order .60.500.030E.8Section under this application nrelated to the design, execution, or potential impacts of a, and to address any other items applicantincentives
or agreements between the City and the identify any public ees or phasing agreements, toamenities through financial guarantinfrastructure or on or off site ensure the timely completion
of any required agreements, tooperations, and management responsibilities over time through infrastructure or service ng of development, to assign financial, the phasi addressto greementaevelopment
d one or more ,subject to City Council approvalan applicant to execute, The City may require the City from damage or liability for any remaining obligations to construct or comply.o
protect when the City has confirmed that the remaining financial security is adequate tAny required financial assurances will be released by the City, in whole or in part, only perform.
the City and a reasonable opportunity to remedy the failure to construct or notice fromUDC after written provide those improvements in a timely manner as required by this if the applicant
fails to or amenities, or to bring properties into compliance improvementsill only be used by the City to complete required public and private Financial security w UDC or any development
permit or approvalor to bring the operations of the approved structure or activity into compliance with this improvements or amenities will have adequate funds on hand to complete
the requiredre that the City applicant may be required to provide financial security to the City to ensuthe Interim Use Permits related to land alterations, or yQuarr or Gravel Excavation,of
activities approved under this UDC, including but not limited to those related to Sand acts or to comply with continuing obligations to mitigate imp ,or amenitiesimprovements public
and private required by this UDC or other City regulation to complete or install anyis applicant, if the UDC or another City regulations otherwise provided in this Unles 290 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Review and DecisionSection 60.500.030E Common Procedures Section 60.500.030
469 hen the reviewing body modifies or renders a decision that that is under review. Wor decision ,or modify in whole or in part the determination, requirement ,reverseFollowing the
close of the appellate public hearing, the reviewing body may affirm, and for due cause shown. DirectorCommunity Development ce to the the District Court of Olmsted County, with notior
by a restraining order issued by appeal body otherwise than by an order of the imminent peril to life or property. In such case, proceedings shall not be stayed opinion, cause theiricate,
a stay would, in certifzoning reasons stated in the y that by appeal bodcertifies to the the Community Development Directorunless An appeal shall stay all proceedings in furtherance
of the action appealed from, .ProceduresSummary Table of Review 1-500.01Table as stated inadministrative body may be appealed to a higher UDCDecisions made in the administration
of this a copy of the notice to the applicant. sendpermit, and shall upon the issuance of the conclusions based thereon, along with any conditions imposed Director shall prepare
a written Notice of Action containing findings of fact, and the In the case of all other permits required by this UDC, the Community Development smit the notice of action.application
form may be used to tranhousing permits, and sign permits, the rental In the case of zoning certificates, .LimitationsDecision Actions and -Post Section 60.500.030F.2the right of
appeal pursuant to d shall describe The notice shall indicate the date when the decision will take effect an disposition of the application.as to the final in writing The Community
Development Director shall notify the applicant xpense.s own e’the individualand circumstances. An individual shall be entitled to make copies of the record at ,placesAn individual
shall have access to the record of the proceedings at reasonable times, The findings and order shall be included in the record. or otherwise disposed.the exhibits may be released
to the person identified thereon, Act (Minn. Stat. § 15.17), provided they are not required to be retained under the Records Retention which timeuntil after the applicable appeal period
has expired, at rCommunity Development Directoshall be retained by the the recordproponent or opponent. Exhibits received into the identity of the person offering the same and whether
presented on behalf of a ary evidence presented and shall have the items marked to show physical or documentThe hearing body shall, where practical, retain as part of the hearing record
each item of 291 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-PostSection 60.500.030F Common Procedures Section
60.500.030
470 Director.is pending and direct further inquiry to the Community Development public body or ve officer property. Such notices shall advise that an appeal from an administratirecord
for tax purposes or an occupant of each separately owned adjoining Director shall within the same period of time by mail give notice to an owner of it, the Community Development issuance
of a perm will considerIf the appeal Other affected officers and agencies of the City government. The City Attorney; and office delivery to the following where they are not already
an interested party:-ose decision is being appealed; and by interto the appellant, and/or the official whon behalf of the Appeal body, shall give notice of the time and place of the
hearing At least 10 days prior to the hearing, the Community Development Director, acting .olated or not appliedthat was the Rochester Code of Ordinances this UDC or specific provisions
of basis for the appeal including, as applicable, the state or federal law, or The ); andbasis for being aggrieved, or licant, adjacent landowner, owner of record receiving noticeapplicant
(i.e., appIdentification of the status of the person seeking review in relation to the decision;e reviewed, including the date of the An identification of the decision sought to b
All applications for an appeal shall contain: ebsite.wn the City accompanied with the applicable fees as shown oand available on the City websiteAll appeals shall be in writing on
forms .this UDCwhich the official or body has the power or duty to make under or interpretation ,sion, order, requirementtime limit. A decision means any deciin making a decision,
including failure to make a decision within the prescribed or public body The basis for such an appeal may be any alleged error of an official a decision.days of business file an
appeal within 10 may applicant aggrieved by a decision appellant.applicant and the a copy of the findings mailorder. The body must conclusions of law and and appellate public
hearing, adopt its findings of fact,me following the close of the The reviewing body must, within a reasonable ti body must set forth its findings and state its reasons for its action.or
hearing body, the Community Development Directorreverses a decision of the 292 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-PostSe
ction 60.500.030F Common Procedures Section 60.500.030
471 the vote, abstention from voting, or absence of each member. shall also include Zoning Board of Appeals very decision of the The record of e stipulate the facts or waive these
requirements. Board of Appeals Zoning es before the upon evidence or testimony unless the party or partiFindings as to the existence or nonexistence of crucial facts shall be based
hearing; andCommunity Development Director and at the appellate public submitted by the appellant and any other person to the motions All exhibits, materials, pleadings, memoranda,
stipulations, and hearing;the Community Development Director and at the appellate public The evidence submitted by the appellant and any other person to repared by the Community
Development Director;A factual report p record. The appellate record shall include: The Zoning Board of Appeals shall base its decision upon the appellate testimony related to those
records. hearing body, but may be supplemented by additional documents or before the original appeal shall be based on the record of the proceedings Unless otherwise provided in this
UDC, City Council review of the decision on relevant, and material.of law, and upon substantial evidence or testimony which is competent, and conclusions ,gs of factminutes with
respect to the specific appeal, findinin its appeal decisions based onmust make Board of AppealsZoning The .interpretations of this UDC made by the Community Development Directorof
appeals including ,ProceduresSummary Table of Review 1-500.01Table The Zoning Board of Appeals shall hear appeals on applications as specified respect to any appeal.ing with defect
or omission therein shall not impair the validity of the public hearRequired notices are for the convenience of adjoining property owners and any 293 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Decision Actions and Limitations-PostSection 60.500.030F Common Procedures Section 60.500.030
472 the appellant and applicant, to the District Court.) days of deliver of the decision to 0 thirtyhas the right to appeal, within decision, fter all appeals have been exhausted, any
person or persons aggrieved by a A application.receive notice under the requirements applicable to the original permit Notice of the public hearing shall be mailed to all property
owners entitled to .eevidencsummary of the or a the previous hearing if availableThe transcript of previous and appellate public hearings; andmotions submitted by the appellant
and any other person at the and ,All exhibits, materials, pleadings, memoranda, stipulations previous and appellate public hearings;d any other person at the The evidence submitted
by the appellant an ;Community Development DirectorA factual report prepared by the appellate record shall include:shall base its decision upon the appellate record. The City CouncilThe
.testimony related to those recordsments or additional docu, but may be supplemented by hearing bodythe record of the proceedings before the original based onappeal shall be review
of the decision on City Councilin this UDCUnless otherwise provided view Procedures.Summary Table of Re 1-500.01Table The City Council shall hear appeals on applications as specified
in .UDCpermissible under the strict interpretation of the language of this not are otherwise tor privileges on the appellant thaconfers rights thatshall not render any decision
of Appeals BoardZoning he T .or in errorwas correct ’s decision Development DirectorCommunity that the in order to determine whetherUDC language of theBoard of Appeals shall strictly
interpret thZoning determination, the or ,In rendering a decision with respect to an appeal from any order, decision appeal is taken.Board of Appeals has all of the powers of the
official from whom the Zoning , the purpose this Foropinion ought to be made under the circumstances. or determination that in its ,shall make any order, requirement, decisionmodify
the order, requirement, decision, or determination appealed from and may reverse or affirm, in whole or in part, or Board of AppealsZoning The 294 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Decision Actions and Limitations-PostSection 60.500.030F Common Procedures Section 60.500.030
473 1 year 180 days 2 years None 2 years None Preliminary Plat years after approval2 must be submitted within Final plat None Permitafter approval of yearPlat must be submitted
within 1 Final 180 days 1 year 2 years 2 years 1 year recordingapproval, following 2 years after None None None 180 days 1 year neNo unless otherwise notedy period development,
recording, or other filing, as applicable must begin within the validitUse, .periods shown belowand variances are valid only for the ,Permits, certificates sposition.Council for
City issued in error, begun construction, the matter shall be referred to the and of no effect. Where a landowner has, in good faith and in reliance upon a permit shall be null and
void UDCcense issued in conflict with the provision of this A permit or li 295 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Decision Actions and
Limitations-PostSection 60.500.030F Common Procedures Section 60.500.030
474 the initial development or permit approval, except that: during Section 60.500.070Asubmitted as a request for a Minor Modification pursuant to permit that the Director had the
authority to approve if it had been application orapprove any request for an amendment to an approved development has the authority tohe Community Development Director below, t ,
or dcExcept as stated in Subsection b of the approval or approval with conditions. property owner may apply for amendmentFollowing the approval or approval with conditions of an application
under this UDC, the adoption of the amendment.struction subsequent to the issuance of the permit but before 90 days, began conprovides otherwise or the applicant, in good faith and
in reliance upon the permit, within the effective date of the amendment, unless the ordinance establishing the amendment or permit, the permit becomes void by operation of the law on
authorized by a certificate is amended to prohibit or change the standards applicable to a development UDCIf this interest of justice.a particular case in the in amendment should
not apply that the Council determinesCity unlessor otherwise,t provides unless the amendmens, applicationpending apply to by City Council on first reading shall that have been approved
to the UDC Amendments .of the obligation applicable unit of government consents to the dischargen connection with the development, unless the any local governmental unit i owedassignee
from any obligation prior but an assignment does not discharge any ,writingprovided the assignee has agreed to the assignment in ,lessee, or tenant of the propertyin writing to a
purchaser, is assignable val, or approcertificate ,An approved permit .half the length of the initial validity period-extension of up to onetime -may approve a onedevelopment under
that permit or approval. The Director older of the permit or approval is moving diligently to initiate property owner or hdetermines that the he Community Development Director If tperiod
listed in that table. validitytime extension of the -1 above may apply for a one--that is listed in Table 500under this UDC , certificate, approval or variancea permit holder ofThe
property owner or must be initiated within this timeframe.pursuant to the approval or use \[1\] Construction 180 days None 1 year None 90 days 296 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Decision Actions and Limitations-PostSection 60.500.030F Common Procedures Section 60.500.030
475 .Section 60.500.050A.5.bal Permit may be reviewed and approved as described in Minor Amendments to Condition application or permit., or City Council to review and approve the initial
development designated authoritypment application or permit, using the same procedure used by that official, develo, or City Council that approved the initial designated authorityby
the City official, Community Development Director pursuant to Subsection a above may only be approved development application or permit under this UDC that may not be approved by the
ny request for an amendment to an approved a ,belowExcept as stated in Subsection Create undue burdens or impacts on adjacent properties. Interfere with the intent and purposes
of this UDC; or ermit;pharacter of the approved Materially alter the c determine that the changes will not:approve changes to be included in the Final Plat if they willwith the City
Engineer, Community Development Director, in consultation Major Land Subdivision Permit, the ved Minor Land Subdivision, If the application is for a minor amendment to an appro .Section
60.500.050A.5.aMinor Amendments to Conditional Permit may be reviewed and approved as described in .Section 60.500.060B.3.b described into a General Development Plan may be reviewed
and approved as Modifications nt to the initial development or permit approval.Amendmeto a greater degree than the Director could have initially approved as a Minor any UDC standard
being modified inModification included in the existing approval, considered in combination with any approved Minor whenway that would result, l in any The Community Development Director
may not modify the existing approva Commission, or the Heritage Preservation Commission; anddevelopment approval permit that was added by City Council, the Planning Development Director
may not modify any condition on a The Community 297 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Decision Actions and Limitations-PostSection 60.500.030F
Common Procedures Section 60.500.030
476 earingindicates public h DECISIONCITY COUNCIL RECOMMENDATIONREVIEW & COMMISSION PLANNING RECOMMENDATIONDIRECTOR REVIEW & DEVELOPMENT COMMUNITY plan:ehensive amendment to the ComprAny
of the following may propose an for the City.Use Plan or Land a new Comprehensive Plan proposeDevelopment Director, may , or the Community motionon its own the Planning Commissionby
resolution, or The City Council, .D60.500.040ASection supplemented by thisunless modified or Common Procedures Section 60.500.030requirements of with all applicable shall complyPlan
or Land Use adopted Comprehensive Plan amendments to an existing Land Use Plan, or The adoption of a new Comprehensive Plan or consistency possible.a finding of is amended to make
and/or the Land Use Plan Comprehensive Plan permit may not be approved unless and until the application or development , the or the Land Use Plan element not consistent with the Comprehensive
Planmaker decides that the application is -, and the decisiand or Land Use Plan element for approving that application requires consistency with the Comprehensive Plan criterionone
Where an application for a development approval or permit is under consideration, element of the Comprehensive Plan. Planor the Land Use Comprehensive Planfor the City of Rochester,
as well as all actions to amend an existing adopted Plan or Land Use This process is applicable to all actions to adopt a new Comprehensive Plan pplicable Minnesota state law.compliance
with afor the City can be amended, in or Land Use Plan which an adopted Comprehensive Plan for the City can be adopted, which is also the way in or Land Use Plan Comprehensive Plan
is to describe the process by which a new Section 60.500.040AThe purpose of this Section 60.500.040 298 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Use Plan Adoption or Amendmentrehensive Plan and/or Land Comp: Section 60.500.040A Major Decisions by City Council Section 60.500.040
477 that the following criteria are met:determines e City Councilfor the City, if or Land Use Plan adopted Comprehensive Plan for the City, or an amendment to an existing or Land Use
Plan new Comprehensive Plan The Planning Commission shall recommend, and City Council may approve, the adoption of a hearing on the matter. Development Director, but not to exceed
six months from the date of the first agreement between the applicant and the Community written period of time by sion for a reasonable final deci City Council may extend the deadline
for a The simple majority of the Council must approval. affordable housing development, as defined in Minn. Stat. § 462.355, subd. 3, a roved by 2/3 of the Council. In the event the
amendment is to permit an appUnless the amendment is to permit an affordable housing development, it must be in Subsection 4 below., based on the criteria proposed adoption or amendmentthe
UDC, approve, or denyaring, the City Council shall, within the time limits imposed by this Following the he Conduct of Public Hearing.0C.2Section 60.500.03pursuant to adoption or
amendment or Land Use Plan Comprehensive Plan a for proposalThe City Council shall hold a public hearing on the ission. Planning Commdays have passed since the Council proposed an
amendment by resolution to the Upon recommendation of the Planning Commission, or after no less than sixty (60) Subsection 4 below.based on the criteria in ive plan amendmentcomprehensive
plan or comprehensproposed imposed by this UDC, recommend that City Council approve, or deny the Planning Commission shall, within the time limits Following the hearing, the Conduct
of Public Hearing.60.500.030C.2Section adoption or amendment pursuant to or Land Use Plan Comprehensive Plan The Planning Commission shall hold a public hearing on the application for
a .Common ProceduresSection 60.500.030Council in accordance with shall be scheduled for public hearings before the Planning Commission and City adoption or amendment or Land Use
Plan for a Comprehensive Plan Any proposal .by application be inconsistent with the adopted Comprehensive Planny property owner who has filed an application that has been determined
to A he Community Development Director, T on its own motion, he Planning Commission,T by resolution, The City Council, 299 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Use Plan Adoption or AmendmentComprehensive Plan and/or Land : Section 60.500.040A Major Decisions by City Council Section 60.500.040
478 Minnesota state law.complies with all applicable requirements of e Plan or Land Use Plan Comprehensivor Land Use Plan, or any amendment to the The approval of the new Comprehensive
Plan particularly those of historically marginalized citizens and citizens experiencing disability.he health, safety, and welfare of the citizens of the City, and environment and
tis in the best interests of the City, and will protect or Land Use PlanComprehensive Plan Land Use Plan, or any amendment to the The approval of the new Comprehensive Plan or 300
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Use Plan Adoption or AmendmentComprehensive Plan and/or Land : Section 60.500.040A Major Decisions by City
Council Section 60.500.040
479 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONREVIEW & DEVELOPMENT DIRECTOR COMMUNITY the Development Services team to review
the development proposal. The Prior to application submittal, the applicant shall request a technical meeting with .Common ProceduresSection 60.500.030with public hearings before
the Planning Commission and City Council in accordance shall be scheduled for to amend the Growth Management MapThe application .relates to their propertyManagement Map as it property
owner may file an application to amend the Growth file an application to amend the Growth Management Map, and a mayDirector the Community Development or The City Council, the Planning
Commission, .60.500.040BSection supplemented by this unless modified or ProceduresCommon Section 60.500.030applicable requirements of City shall comply with all The rs. consent
of the property ownethe property owners by written property owners or by agents of may be initiated by petition of the management map amendment than 5 acres. A major growth that involves
land area greater to the growth management map is any change map amendment A major growth management approval with conditionsmay be recommended for approval or or another application
under this UDC Amendment n Official Zoning Map for aapplication an and may be required to be completed before applications to amend the City’s Growth Management Map, This process is
applicable to all Minnesota state law. in compliance with applicable Map may be amended from time to time rowth Management Gthe adopted is to describe the process by which Section
60.500.040BThe purpose of this 301 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Amendmentowth Management Map Major Section 60.500.040B Major Decisions
by City Council Section 60.500.040
480 to road and transit infrastructure, sewer, water, and electric infrastructure, parks, etc. pal utilities and infrastructure, including but not limitedThe impact of and cost to munici
to address this potential Adequate Public Facility deficiency.improvements to determine the availability of capacity and/or the potential scheduling of ewer subdistrict where the
development is proposed should be completedthe sanitary s development in combination with assessment of remaining trunkline sewer capacity in A technical assessment of the sewage generation
characteristics of proposed with costs covered by the applicant. as evidenced by an objective market analysisavailable for a proposed type of land use shortage of land designated
ande proposed GMMA will address a determines that the following criteria are met: the Council, if the Growth Management Mapan amendment to ll recommend, and City Council may approve
The Planning Commission sha hearing on the matter. Development Director, but not to exceed six months from the date of the first period of time by agreement between the applicant and
the Community final decision for a reasonableCity Council may extend the deadline for a The Council.A Major Growth Management Map Amendment must be approved by 2/3 of the City
the application, based on the criteria in Subsection 4 below. UDC, approve, or denyby this Following the hearing, the City Council shall, within the time limits imposed .Public HearingConduct
of Section 60.500.030C.2pursuant to to the Growth Management Map major amendment ing on the application forThe City Council shall hold a public hear conditions, or deny the application,
based on the criteria in Subsection 4 below.imposed by this UDC, recommend that City Council approve, approve with Commission shall, within the time limits PlanningFollowing the hearing,
the .Conduct of Public HearingSection 60.500.030C.2Annexation of Land pursuant to The Planning Commission shall hold a public hearing on the application for an approval, the project
can proceed with application submission. fire response times, etc. If the project receives formal Development Services including but not limited to storm and sanitary sewer, drinking
water, streets, parks, nfrastructure Services team provided the development will not adversely affect City ithe request is required. The amendment may be approved by the Development
basis. Following the technical meeting, a formal predevelopment meeting outlining case--caseamendments on a Development Services team will review major 302 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota AmendmentGrowth Management Map Major Section 60.500.040B Decisions by City CouncilMajor Section 60.500.040
481 in the City’s adopted Plans. The proposed amendment is consistent with community goals and policies as expressed 12 for the proposed land use.-8 through 2-2 cribed in Tablesconsistent
with the locational and transportation factors des The locational characteristics and transportation features of the site are surrounding land use classifications. 12 are compatible
with-8 through 2-category as described in Tables 2 and use planThe development characteristics of uses in the proposed l the plan Primary Transit Network or the anticipated phasing
of the PTN identified in Will not compromise the strategies identified in the plan to implement the use and transportation vision ted landWill not compromise the direction of the plan
to create an integra the Vision, Principles and Goals of the P2S 2040 Comprehensive Plan and The proposed Future Land Use Map amendment is consistent with and will help further uestion
is currently planned for.of land use the area in q The proposed GMMA will not adversely affect the supply of land designated for the type suitable for urban development. An assessment
of natural features on the proposed site has found that the site is these infrastructure systems.not adversely effect as a result of the proposed GMMA have been considered and the
proposed project will 303 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota AmendmentGrowth Management Map Major Section 60.500.040B Major Decisions by
City Council Section 60.500.040
482 the Petition for for Annexation of Land by Ordinance shall be scheduled for public If no objections to the Petition for Annexation of Land by Ordinance are received, municipality
which borders the land to be annexed; other town board, the county board, and the municipal council of any have filed copies of the petition with the Chief Administrative Law Judge,
the That, within 10 days of submitting the petition to the City, the Petitioners have signed the Petition;be Annexed That a majority of the property owners of such land proposed to
Development Director will verify the following: Upon receipt of a petition, the Community .Common Procedures60.500.030Section before the Planning Commission and City Council in accordance
with The application for Annexation of Land shall be scheduled for public hearings for an Annexation of Land by Ordinance as authorized by Minnesota state law.ners may submit a petition
Property ow .60.500.040B.4.aSection modified or supplemented by thisunless Common Procedures 60.500.030Section with all applicable requirements of municipal boundaries of the City
shall comply The procedure to include new lands into the boundaries.amendments to the zoning district map in the same manner as zoningthe entered on be shallannexations approvedand
,state statuteMinnesota provided by and extraterritorial limits shall be adopted as Amendments to the boundaries of corporate receipt of a petition.. Procedure for Annexation of
Land by Ordinance following of the landowners within such areaThis process is applicable to petitions for annexation land submitted or signed by a majority consider petitions for
annexation of land.by which the City will is to describe the process Section 60.500.040B.4.aThe purpose of this 304 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Annexation of LandSection 60.500.040C Major Decisions by City Council Section 60.500.040
483 The Annexation of Land complies with all applicable provisions of Minnesota state law. suburban in character; ands about to become urban or The property proposed for the annexation
is now or i expansions of City infrastructure and services on terms acceptable to the City.approved City plans or policies, or the applicant has agreed to pay for required of infrastructure
and services included in services, or through future expansions The proposed Annexation of Land is able to be served by existing City infrastructure and areas for future growth and
development of the City;xation of Land is consistent with the adopted Comprehensive Plan regarding The Anne Land, if it determines that the following criteria are met:The Planning
Commission shall recommend, and City Council may approve an Annexation of x months from the date of the first hearing on the matter. between the applicant and the Community Development
Director, but not to exceed The final decision may be extended for a reasonable period of time by agreement criteria in Subsection 4 below.the application, based on the pprove with
conditions, or denyUDC, approve, aFollowing the hearing, the City Council shall, within the time limits imposed by this .Conduct of Public HearingSection 60.500.030C.2pursuant to
Land an Annexation of ng on the application forThe City Council shall hold a public heari conditions, or deny the application, based on the criteria in Subsection 4 below.imposed
by this UDC, recommend that City Council approve, approve with ommission shall, within the time limits Planning CFollowing the hearing, the .Conduct of Public HearingSection 60.500.030C.2Annexatio
n of Land pursuant to The Planning Commission shall hold a public hearing on the application for an contiguous to the area to be annexed.Annexation of Land By Ordinance and to all
landowners within and proposed notice by certified mail will be provided to the town or towns affected by the Procedures; except that at least 30 days’ written with Section 60.500.030
Common public hearings before the City Council for an annexation ordinance in accordance Following the Planning Commission hearing, the matter shall be scheduled for Common Procedures.mission
in accordance with Section 60.500.030, hearings before the Planning Com 305 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Annexation of LandSection 60.500.040C
Major Decisions by City Council Section 60.500.040
484 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT .rDirectodays before the date of
the hearing scheduled by the Community Development provided by publication in a newspaper of general circulation at least 10 shall be notice for a UDC text amendment for or a proposal
to consider application For all .consideration at the discretion of the City Council and/or Planning Commissioninitiate the amendment on its own motion. Suggestions are entitled
to Any individual suggesting to the City Council or the Planning Commission that it application. prepared relative to the zone changeordinance shall not bind the City Council to
subsequently approve any ordinance recommendation on the application. A request that the City Attorney prepare an City Council within 60 days of the final Planning Commission adoption
by the ordinance for subsequent City Attorney to prepare an amendment, it shall instruct the If the City Council initiates the City Council; Director, Planning Commission, or ommunity
Development CThe initiated by:Amendments to the UDC may be 3. .60.500.040DSection modified or supplemented by thisunless Common Procedures 00.03060.5Section applicable requirements
of ith all Amendments shall comply w if required by Minnesota law. , or by a property ownerCommission, or City CouncilDirector, Planning Community Development be initiated by the may
only UDCtext of this n amendment to the may periodically be amended or repealed. A UDChe provisions of the T These amendments do not include rezoning. ty.or to advance the general
welfare of the to respond to changed conditions or changes in public policy, UDCthe text of this amendingdescribes the review and approval procedures for UDC text amendment process
e 306 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota UDC Text Amendment: Section 60.500.040D Major Decisions by City Council Section 60.500.040
485 Adoption of the amendment will be lawful. or other adopted City plans or policies; and Comprehensive Plan,The amendment accomplishes one or more of the purposes of this UDC, the
There is a public need for the amendment; to the text of this UDC if it determines that the following criteria are met:ty Council may approve, an amendment The Planning Commission
shall recommend, and Ci matter. , but not to exceed six months from the date of the first hearing on the DirectorCommunity Development agreement between the applicant and the written
time by final decision for a reasonable period of Council may extend the deadline for a The will adopt written findings for decision not to adopt. amendment, or deny the application
to amend. In the event of a denial, the Council C as proposed, adopt a different criteria in Subsection 4 below, amend the UDnd based on the ashall, within the time limits imposed by
this UDC, City Council he T .Conduct of Public HearingSection 60.500.030C.2to UDC Text Amendment pursuant on the application for City Charter Section 6.06 actrequirements of the
hearing follow thehe City Council shall Planning Commission, touncil proposed an amendment by resolution to the Cdays have passed since the mmission, or after no less than sixty (60)
Upon recommendation of the Planning Co ., based on the criteria in Subsection 4 belowor deny the applicationamend and approve, approverecommend that City Council imposed by this UDC,
Planning Commission shall, within the time limits hearing, the theFollowing make a recommendation regarding whether the UDC should be amended. to Conduct of Public HearingSection
60.500.030C.2Text Amendment pursuant to all hold a public hearing on the application for a UDC The Planning Commission sh hearing.each public least 10 days before Commissioner of
Natural Resources so that the Commissioner receives notice at y supporting technical studies, shall be sent to the Minnesota amendment and an(FP) subdistricts within the FPO district,
together with the text of the proposed (FF), Floodway (FW), or Flood Prone eboundaries or the boundaries of Flood FringIn addition, written notice of any proposed amendment to the
FPO district 307 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota UDC Text Amendment: Section 60.500.040D Major Decisions by City Council Section 60.500.040
486 Commissioner of Natural Resources.The proposed change has been submitted to and approved by the Minnesota FEMA; andriting by (FEMA) Technical Conditions and Criteria and has
been approved in w The proposed change complies with the Federal Emergency Management Agency’s risks, the following criteria shall apply:lation of this UDC related to the protection
of the public from flood criteria, or other reguIn addition, if the application includes changes to the FPO District or any standard, 308 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota UDC Text Amendment: Section 60.500.040D Major Decisions by City Council Section 60.500.040
487 If the City Council finds it is important to the .zoning designation for the propertyuse plan recommendation for the area, and shall include a recommendation on suitable property,
and the land , the character of theexisting pattern of development in the areaCommission examining the Planning shall prepare a report for the Development DirectorCommunity ion, the
resolution designating an area in need of orderly annexator within six months after the passage of a joint without designating a zoning district,that was adopted of Land nnexationAdays
after the effective date of an Within .thereto, and any amendments 72019Minnesota and Incorporated Areas effective April 1ed Flood Insurance Rate Maps for Olmsted County, Property
designated on the adopt .zoning 2-Rmap, the landowner shall request as low density residential on the future land use. For any lands designated zoning district for the property at
the time of annexationidentify the shall, the landowner of Land nnnexatioAIf the landowner initiates the annexation.after days zoned H with a hearing to be held within will beland
the future use of the property is something other than low density residential, the and the future land use plan shows that of Land ion nnexatA If the City initiates the .2-R Section
do not require another designation, the land will be zonedand other provisions of this future use of the property is low density residentialand the land use plan shows that the of
Landnnexation Aitiates the If the City in but the ordinance annexing the property can also zone the property.final reading passed on final reading prior to the date when the annexation
ordinance is passed on . The proposed zoning ordinance shall not be Section 60.500.040E this requirements ofproceedings, but shall be subject to the procedure and notice of Land nnexation
AZoning of land in the process of annexation may be done in conjunction with the .District Landmarkor Property of Landmark or Removal Designation ESection 60.500.040Fas stated in
Heritage Preservation Overlay –HPO The City Council may amend the boundaries of the Section 60.500.040E as stated in this distric Heritage Preservation Overlay –HPO , except for
the Zoning MapOfficial he City Council may amend the boundaries of zoning districts established on the T for the zoning of real property are met. Minnesota lawand to ensure that the
statutory requirements established in Cityjurisdictional area of the for the rezoning of real property within the application nity to consider aCmechanism for the procedure is intended
to provideAmendment) ap Moning Official ZRezoning (The 309 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map
Section 60.500.040E Major Decisions by City Council Section 60.500.040
488 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT is to be changed Official Zoning Map
perimeter of the subject property. Where the sent to all owners of land situated wholly or partly within 350 feet of the outemailed notice shall be to the Official Zoning Map In addition,
for any amendment Community Development Directorscheduled by the least 10 days before the date of the hearing at of general circulation newspaper aamendments, notice shall be provided
by publication in Official Zoning Map For all Commission.Planning or and/Council City the at the discretion ofuggestions are entitled to consideration Smotion. initiate an amendment
on its own Commission that it Planning to the City Council or the ingAny individual suggest ; orproperty owner they are theap for land for which Moning Official ZCouncil to grant
an amendment to the Cityrequesting owner formally proper Any application. subsequently approve any ordinance prepared relative to the zone change shall not bind the City Council
to ethe City Attorney prepare an ordinancrequest that the final Planning Commission recommendation on the application.ys of prepare an ordinance for subsequent adoption by the City
Council within 60 daIf the City Council initiates the amendment, it shall instruct the City Attorney to ;Director, Planning Commission, or City CouncilDevelopment Community he T
by:be initiated may Zoning Mapthe Official Amendments to for Rezoning. applicationthe prior to or concurrently with action on have been approved by City Council the General Development
Plan shall ,Section 60.500.060Bpursuant to Development Plan is required If a General .60.500.040E.3Section is or supplemented by thunless modified Common Procedures Section 60.500.030requirements
of shall comply with all applicable Official Zoning Map Amendments s for amendments to the Application annexed area until more permanent action can be taken.licies, interim regulations
may be applied to the protection or implementation of City po 310 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Amendment)Official Zoning Map Rezoning
(Section 60.500.040E Major Decisions by City Council Section 60.500.040
489 Commission shall Planning he tProne (FP) subdistricts within the FPO district, F), Floodway (FW), or Flood FPO district boundaries or the boundaries of Flood Fringe (Famendment
of If the application is for any amendment to the zoning map other than six months from the date of the first hearing on the matter.to exceed between the applicant and the Community
Development Director, but notThe final decision may be extended for a reasonable period of time by agreement development core, the amendment must be approved by 2/3 of the Council.
residential or central -ial to nonIn the event the rezoning is from resident Council proceedings.City minutes of the and these findings shall be reflected in the Section 60.500.040E.4in
criteriaCouncil shall be supported by findings based on the City n by the Any determinatio findings for decision not to rezone.and based on the criteria in Subsection 4 below, amend
the ordinance or this UDC, the City Council shall, within the time limits imposed by (s)Following the hearing .Conduct of Public Hearing60.500.030C.2Section Charter Section 6.06
on the application for rezoning pursuant toll follow the requirements of the City Planning Commission, the City Council she Council proposed an amendment by resolution to the days have
passed since tUpon recommendation of the Planning Commission, or after no less than sixty (60) the Criteria in Subsection 4 below.applicationapprove or deny the recommend that the
City Council imposed by this UDC, e limits shall, within the tim Planning Commissionhearing, the theFollowing .Conduct of Public HearingSection 60.500.030C.2 Rezoning pursuant tofor
applicationshall hold a public hearing on the Commission The Planning hearing.each public least 10 days before so that the Commissioner receives notice at Commissioner of Natural
ResourcesMinnesota to the sent shall be ,any supporting technical studies nt andamendmee text of the proposed (FP) subdistricts within the FPO district, together with th(FF), Floodway
(FW), or Flood Prone eboundaries or the boundaries of Flood FringIn addition, written notice of any proposed amendment to the FPO district se, notice of mail shall not be required.or
otherwiand enactment of a new ordinance, UDCrevision is made by repeal of the existing , whether such is UDCor amended incidental or as part of a general revision to th 311 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official Zoning Map Section 60.500.040E cisions by City CouncilMajor De Section 60.500.040
490 Commissioner of Natural Resources; and The proposed change has been submitted to and approved by the Minnesota ; andFEMAria and has been approved in writing by (FEMA) Technical
Conditions and Crite The proposed change complies with the Federal Emergency Management Agency’s :removed from floodplain areas unlessrevised or designation shall not be The floodplain
.instead of those in Subsection a above a shall applythe following criteri (FF), Floodway (FW), or Flood Prone (FP) subdistricts within the FPO district, eFlood Fringis for an amendment
of FPO district boundaries or the boundaries o applicationIf the development that would protect those resources.the amendment would provide for beneficial or historic resource, and
The area includes lands identified on adopted City plans as an important natural and quantity.ses that maintain groundwater quality preserving habitat and protecting procesprovide
for beneficial development that maintains typical urban density while would the amendment The area includes lands identified as Decorah Edge and ; ortent with the policies and goals
of the Comprehensive Planconsis interest to rezone to encourage development or redevelopment of the areaThe area has changed or is changing to such a degree that it is in the public
;determined by City Council, as or policies or other adopted City plansof the Comprehensive Plan goalsthe policies and aligns withPlan, the proposed district better Comprehensive
both the present and proposed zoning districts are consistent with theWhile error;area was originally zoned erroneously due to a technical or administrative The ive Plan;Comprehensarea,
as presently zoned, is inconsistent with the policies and goals of the The one of the following criteria:at least satisfy mustthe amendment 500.040E.4.a.1)Section 60.In addition
to the requirements in ning. The proposed amendment does not involve spot zo the neighborhood; andappropriate on the subject property and compatible with adjacent properties and
The permitted uses allowed within the proposed zoning district will be isfy all of the following criteria:sat must The amendment determines that the following criteria are met:request
if rezoning approve a may Council City recommend for approval, and the 312 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Amendment)Rezoning (Official
Zoning Map Section 60.500.040E Major Decisions by City Council Section 60.500.040
491 ommissioner of Natural Resources prior to adoption. CMinnesota amendments to the official zoning map, must be submitted to and approved by the All amendments to the floodplain
provisions of this zoning code, including .through other measures use lands are adequately protected for the intendedtion that the determina based on the Commissioner’s and 2(b)
(a)2 subsectionSpecial exception to sin writing a dapprovehas sota Commissioner of Natural Resources eThe Minn ;contiguous to lands outside the floodplainr above the elevation of
the regional flood and is e area has been filled to o ; orhe designation is in errorT :demonstrates that applicantThe 313 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Amendment)Rezoning (Official Zoning Map Section 60.500.040E Major Decisions by City Council Section 60.500.040
492 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONCOMMISSION REVIEW & HERITAGE PRESERVATION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT .ProceduresCommon Section
60.500.030th Commission and City Council in accordance wiThe application shall be scheduled for public hearings before the Heritage Preservation nonbinding comments shall be sent
to the commission for its review.’state historic preservation officeday review period. The -Historical Society for a 60office of the Minnesota historic preservation submitted to the
state designation shall be landmark district landmark property or An application for a designation.landmark initiate the City Council, may or ,Commission, the MayorThe property owner,
the E60.500.040FSection supplemented by this unless modified or ProceduresCommon Section 60.500.030of with all applicable requirements shall comply Landmark DistrictProperty or
Landmarkof Removal or Designation for Applications in the City. districtrty or landmark propelications to designate a applies to all app Section 60.500.040FThis and districts.o
designate historic landmark structures by enabling the City t Heritage Preservation Overlay –HPO Section 60.200.040Cof is process is intended to implement the provisions 314
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Property or Landmark District LandmarkDesignation or Removal of Section 60.500.040F Major Decisions by City
Council Section 60.500.040
493 significance, historic integrity, or economic hardship.designation may be removed from a property based on reconsideration of historic Landmark Council shall make its decision,
pursuant to the following standards.all make its recommendation, and the City the Heritage Preservation Commission shIf the application is for removal of a landmark property or landmark
district designation, .Criteria for Landmark DesignationEvaluation Section 60.200.040C.5shall make its decision, pursuant to the criteria in Heritage Preservation Commission shall
make its recommendation, and the City Council f the application is for designation of a landmark property or landmark district, the I its legal description.including property the
designating the ordinanceClerk shall record with real estate records of the county a certified copy of The City or modify the underlying zone classification. a map as landmarks in
the HPO overlay district. This designation shall not change Properties designated as landmarks shall be added to the official list and shown on the matter. six months from the date
of the first hearing onbetween the applicant and the Community Development Director, but not to exceed The final decision may be extended for a reasonable period of time by agreement
minutes of the City Council proceedings.in the and these findings shall be reflected Section 60.500.040F.4criteria in Any determination by the City Council shall be supported by
findings based on the for decision not to Rezone.ial, the Council will adopt written findings deny the application. In the event of a denthis UDC and based on the criteria in Subsection
4 below, amend the ordinance or Following the hearing(s), the City Council shall, within the time limits imposed by ion 60.500.030C.2, Conduct of Public Hearing. sectfollow the requirements
of the City Charter Section 6.06 on the application to shallthe City Council Upon recommendation of the Heritage Preservation Commission, riteria in Subsection 4 below.cthe based
on lication, applimits imposed by this UDC, recommend that the City Council approve or deny the Commission shall, within the time Heritage Preservation hearing, the theFollowing
.Conduct of Public HearingSection 60.500.030C.2ursuant to application pshall hold a public hearing on the CommissionHeritage Preservation The 315 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or Removal of Section 60.500.040F Major Decisions by City Council ction 60.500.040
494 the same period. debt service, if any, duringyears, and depreciation deduction and annual cash flow before and after years, itemized operating and maintenance expenses for the
previous three Annual gross and net income from the property and for the previous three ars; anddeductions, tax credits, or depreciation over the previous four yepaid upon the property
or value assigned to the property for purposes of tax previous two years, and documentation of any local, state, and federal taxes any appraisal performed within the the property for
tax purposes, value fromCurrent value of the property, as evidenced by the current assessed value of Amount owed on the property and annual debt services payments; from whom the
property was purchased; record, the applicant, and person and any relationship between the owner ofAmount paid for the property, date of purchase, party from whom purchased, Current
level of economic return, including: economic return, as evidenced by the following information:ship and cannot earn a reasonable for removal are burdened by an economic hardbe approved
if an application demonstrates that the property or properties proposed Removal of a landmark property or part or all of a landmark district designation shall .and associationling,
based on their location, design, setting, materials, workmanship, feedesignation, is no longer intact or sufficient to warrant proposed for removal propertieshe historic integrity
of the application demonstrates that t thebe approved if designation shall landmark district part or all of a Removal of a landmark property or possess a concentration of identified
historically significant resources. no longer in the area proposed for removalThe majority of the properties ; orplan or physical development, aesthetically or through past eventsunited
or linked by their interrelationship, by longer The properties are no ; orCriteria for Landmark DesignationEvaluation Section 60.200.040C.5in eria the crito longer meets any of N
.proposed for removaly or properties shall be approved if an application demonstrates that the propertdistrict a landmark part of all or from Removal of a landmark district designation
.ion Criteria for Landmark DesignationEvaluatSection 60.200.040C.5stated in demonstrates that the property no longer meets any of the criteriadesignation shall be approved if an
application property Removal of a landmark 316 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or
Removal of Section 60.500.040F Major Decisions by City Council Section 60.500.040
495 demolition by neglect is not the cause the economic hardship request. tion, and demonstrate that designated property to support its continued preservaof having conducted routine
maintenance and any necessary major repairs on a who has engaged in demolition by neglect. A property owner shall provide proof rdship will not be granted to a property owner A determination
of economic ha Any additional data that supports the claim of economic hardship. After renovation of the existing property for continued use. After completion of the proposed alteration
or demolition; and In its current condition; ion: years; or other relevant reports or informatportion of the property for sale, lease, rental, or occupancy during the last two evidence
by any appraisal performed in the last two years; any listing of all or a operty in each of the following conditions, as Estimated market value of the pr established by the standards.
existing structure by an architect who meets professional qualifications Expert testimony or opinion on the feasibility of rehabilitation or reuse of the the requirements for rehabilitation.
comply withremoval, and an estimate of any additional costs that would be incurred to Cost estimates for the proposed construction, alteration, demolition, or soundness of any building
on the property and its suitability for rehabilitation. he structural Report from a qualified architect or structural engineer as to t based on: could earn a reasonable economic return.
Assessment of feasibility shall be Current use of the property and feasibility of alternative uses for the property that 317 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Landmark Property or Landmark DistrictDesignation or Removal of 0.500.040FSection 6 Major Decisions by City Council Section 60.500.040
496 .FSection 60.500.060G pursuant toPermit Minor Land Subdivision e for approval as a eligiblThose divisions of land that are andon 60.500.060JSectiReadjustment pursuant to ot Lineeligible
for approval as a L activities related to land or lots that areThose way are proposed.--no major changes to the right for whichway and --because all of the proposed lots front on
a platted or dedicated street right DirectorThose activities exempt from these regulations by the Community Development exempt from regulation by Minnesota Statute Chapter 462; activities
ose except for:Minnesota or City ordinance, of stateor that is otherwise defined as a Subdivision of Land by the vertical subdivision, creates a new , or thatdevelopable lots or
parcels which are 2 ½ acres or less in sizefive or more new that will create applies to all activities Section 60.500.040GThis subdivision activity can proceed.land required before
will also be Section 60.500.040Hpursuant to lat approvaPinal . A Fstate lawMinnesota under tplasubdivision is recognized as the preliminary of land and ubdivisionmajor sauthorizing
the creation of a ermit is the initial document Pubdivision Sand Major L the adopted Rochester Comprehensive Plan. and are consistent withtransportation, utilities, protection of sensitive
lands, and the provision of public services, this UDC, and all applicable City and other government regulations related to City comply with all applicable requirements of state law,
new developable lots within the rocess is intended to ensure that the creation of Permit pLand Subdivision Major The 318 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Major Land Subdivision PermitSection 60.500.040G Major Decisions by City Council Section 60.500.040
497 indicates public hearing CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT .Section 60.500.040Hprior to Final
Plat approval pursuant to No land development activity other than grading may take place on the property for the propertyFinal Plat pany the submittal of the shall accom Section 60.500.060Iin
described , as Grading Permitan approved r Land Subdivision Permit,ajoAfter approval of a M six months from the date of the first hearing on the matter. , but not to exceed Community
Development Directorbetween the applicant and the The final decision may be extended for a reasonable period of time by agreement .criteria in Subsection d belowbased on the , approve
with conditions, or deny the applicationUDC, approveshall, within the time limits imposed by this City Councilhearing, the theFollowing Conduct of Public Hearing.Section 60.500.030C.2pursuant
to Subdivision Permita Major Land for applicationlic hearing on the The City Council shall hold a pub the Criteria in Subsection 4 below.on , based approve, approve with conditions,
or deny the applicationthat the City Council recommend ning Commission shall, within the time limits imposed by this UDC, The Plan .Common ProceduresSection 60.500.030in accordance
with public hearing before City Council for shall be scheduled Subdivision Permitr Land Majofor a applicationThe .Major Land Subdivision Permitfor applicationconcurrently with
action on the approved by City Council prior to or General Development Plan shall have been , the Section 60.500.060B pursuant toIf a General Development Plan is required Section 60.500.040Gsuppleme
nted by this unless modified or Common Procedures Section 60.500.030ents of requiremshall comply with all applicable Permit Major Land Subdivision as for Application 319 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision PermitSection 60.500.040G Major Decisions by City Council Section 60.500.040
498 to serve future development. and timely extensionand fire protection demands of proposed development and to provide for the efficient The proposed water system and sanitary sewer
system are adequate to serve the normal county ordinance.a violation of federal or state law or city or not result inwill The proposed land subdivision or Traffic Impact Study.,
and/General Development Plan, Conditional Use PermitThe proposed land subdivision permit is consistent with any approved and applicable .to this UDC UDC has been approved pursuant
for any deviation from the standards in this , Major Modification, or VarianceModificationMinor , unless a standards in this UDCThe proposed land subdivision conforms to all Comprehensive
Plan. adoptedThe proposed land subdivision is consistent with the Subdivision Permit, if it determines that the following criteria are met:mmend, and City Council shall approve, a
Major Land The Planning Commission shall reco .Section 60.500.040GSubdivision Permit application for review pursuant to this oceed to Final Plat, or may choose to resubmit the Major
Land changes and prsuch documents. The applicant may make the necessary approved Permit with UDC or related regulations have occurred that affect the compliance of the the Final Plat
may be required where a change in the comprehensive plan or this , changes to years have passed since approval of a Major Land Subdivision Permitif more than two If a development agreement
does not extend the two year period, City. enter into a development agreement with the to the landowner proposals requirePhased development .eat one timsuccessively, rather than
the whole site of the site develop discrete portionssituations where the landowner intends to , in years extending the effective period of the land subdivision permit up to ,planod.
The Council may approve a phasing year peri-lat any time within a twoPinal Fa landowner to proceed to enableermit shall Pubdivision Sand Major LAn approved development of subdivisions.with
the engineering standards adopted by Public Works in conjunction with the ent , and must be consistshall be submitted to the City Engineer for review and approval. Construction plans
UDCfacilities, sidewalks and other improvements required by this reets, traffic control devices, sanitary sewers, storm water facilities, water system consisting of complete construction
drawings and specifications of all easements, of Minnesota, construction plans, statea professional engineer, registered in the Subdivision Permit, the applicant shall have prepared,
by or Land M aapproval of After 320 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision PermitSection 60.500.040G Major Decisions
by City Council Section 60.500.040
499 platting documents;all required subdivision drawings and all access roads are clearly labeled on boundaries, the regulatory flood protection elevation and the required elevation
of For all subdivisions containing land within the Floodway and/or Flood Fringe District provided to reduce exposure of flood hazard; Adequate drainage is or above the regulatory
flood protection elevation;a potential building site located outside of the Floodway District at sEach lot contain with this ordinance; f the future residents of the proposed subdivision
in a manner consistent welfare oor ,erosion potential, or any other floodplain related risks to the health, safetydrainage, soil and rock formations with severe limitations for development,
severe The proposed subdivision adequately mitigates the risks of flooding, inadequate Overlay:Floodplain –For any land located within the Special Flood Hazard Area of the FPO
spillover parking from subdivision residents into surrounding residential districts.ed in a residential zoning district, the subdivision addresses the need to avoid If locat adopted
plans, policies, and regulations.The proposed parks, trail thoroughfares, and open space dedications are consistent with development. purpose of constructing the street, utility,
and drainage facilities needed to serve the ovided for the way and easements of adequate size and dimension are pr--Rights permitted uses on, or the efficient continued development
of, adjacent properties.The proposed subdivision will not have adverse impacts on the safety or viability of gn of the subdivision.desiin the in those programsRange Capital Improvements
Programs and the elements listed -year and other Long-The proposed subdivision has taken into account the current six connections, and adequate buildable area in each lot for planned
uses. ity servicevehicle, transit, vehicular, service and emergency access, efficient utilmotorized -The lot and block layout provide for safe and convenient pedestrian, non wastewater
systems that exceed adopted standards.or water,site impacts on the street, drainage, -fThe proposed subdivision will not have of lots are developable for their designated purposes.The
soils, topography and water tables have been adequately studied to ensure that all .sservice standardtraffic applicable and Connectivity and CirculationSubdivision Level 60.400.040CSection
transportation plans and is consistent with the street layout standards listed in motorized system is consistent with adopted -pedestrian, transit and nonThe vehicular, or adopted
drainage or stormwater policies.the City of Rochester and is consistent with the adopted Stormwater Management Plan The plan for soil erosion and stormwater management meets the adopted
standards of 321 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Major Land Subdivision PermitSection 60.500.040G Major Decisions by City Council Section
60.500.040
500 are located and constructed to minimize or eliminate flood damage. ,facilities, such as sewer, gas, electrical, and water systems All public utilities and andbuilding sites no
lower than two feet below the regulatory flood protection elevation; The subdivision provides road access both to the subdivision and to the individual 322 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Major Land Subdivision PermitSection 60.500.040G Major Decisions by City Council Section 60.500.040
501 ges required by the City during the Major Land Subdivision Permit process.all chancomplies with all applicable provisions of this UDC and Minnesota law and accurately reflects
the plat to record the Final Plat, if the Community Development Director determines thatproved or approved with conditions, and the applicant authorized The application shall be ap
phases.allowed up to six years for two phases, eight years for three phases and ten years for four hasing will be pdevelopment is subject to a development agreement with the City,
lat for phased Where a final p criteria in Subsection 4 below.Final Plat approval based on the conditions, or deny an application for a , approve with shall approveThe Community Development
Director G60.500.040HSection or supplemented by thiunless modified Common Procedures Section 60.500.030requirements of comply with all applicable Applications for a Final Plat shall
occur.completed before a Zoning Certificate for any activity on the lots shown in those Permits may Subdivision Permit that has been approved or approved with conditions, and must
be l lands that are the subject of a Major or Minor Land The Final Plat process applies to al the requirements of Minnesota law.and recorded in the public land records through the
preparation of a subdivision plat meeting ed or approved with conditions pursuant to this UDC is accurately documented Permit approvThe Final Plat process is intended to ensure that
all aspects of a Major Land Subdivision 323 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Final Plat: Section 60.500.040H Major Decisions by City
Council Section 60.500.040
502 ction 4 below.Criteria in Subse, or deny the application, based on the amend the official mapthat the City Council The Planning Commission shall, within the time limits imposed
by this UDC, recommend .ProceduresCommon Section 60.500.030Commission and City Council in accordance with hearings before the Planning shall be scheduled for public amendment of the
Official Map adoption or he application for T Commission, or City Council.Engineer, Planning Development Director, City may be filed by the Community amendment of the Official Map
An application for adoption or .Section 60.500.040I this modified or supplemented byunless Common Procedures 60.500.030Section applicable requirements of shall comply with all Map
of the Official Applications for adoption or amendment Minnesota Law.the Official Map should be updated, and whenever an update of that map is required by of any aspect shall apply
whenever the City Council determines that Section 60.500.040Ihis T with Minnesota state law.locations, names, and details of public streets in the City may be adopted, in conformance
map designating the Official Map Adoption process is intended to clarify how the e statute, the statute will apply.provisions of this Section and ththe In case of conflict between
462.359 implements Minnesota Statute 040ISection 60.500.This 324 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Official Map Adoption: Section 60.500.040I
Major Decisions by City Council Section 60.500.040
503 Map meets all applicable requirements of Minnesota state law.The andd for future street and highway purposes; The lands designated on the Map are neede it determines that the
following criteria are met: application for adoption of an Official Map ifThe Planning Commission shall recommend, and the City Council shall approve, the not to exceed six months
from the date of the first hearing on the matteragreement between the applicant and the Community Development Director, but written The final decision may be extended for a reasonable
period of time by ision not to adopt.written findings for decdeny the application to amend. In the event of a denial, the Council will adopt and based on the criteria in Subsection
4 below, amend the official map or UDChearing, the City Council shall, within the time limits imposed by this Following the .of Public HearingConduct Section 60.500.030C.2pursuant
to amendment of the Official Street Mapfor adoption of The City Council shall hold a public hearing on the application 325 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Official Map Adoption: Section 60.500.040I Major Decisions by City Council Section 60.500.040
504 .of Public HearingConduct Section 60.500.030C.2Vacation pursuant to The City Council shall hold a public hearing on the application for Public Street on the Criteria in Subsection
4 below.application, based that the City Council approve, approve with conditions, or deny the The Planning Commission shall, within the time limits imposed by this UDC, recommend
.Common ProceduresSection 60.500.030accordance with Vacation shall be scheduled for a public hearing before City Council in or easement The application for Public Street easement.
land abutting the public street or at least 50% of the owners of or by petition by City CouncilEngineer, Planning Commission, Development Director, City filed by the Community Vacation
may be or easement An application for a Public Street .I60.500.040JSection supplemented by thisunless modified or Common Procedures Section 60.500.030requirements of shall comply
with all applicable easement or te a public street Applications to vaca .way or its use for public travel, circulation, or mobility--surface of the street or rightdo not affect the
designation or City or public ownership of the way that --rightor public within or outside of a public street If does not apply to requests to vacate private easements way--or rightor
easement to vacate a public street This process applies to all applications .way--rightpublic vacating dedicated rify the process foris to cla ISection 60.500.040Jpurpose of this
The 326 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Public Street or Easement Vacation: Section 60.500.040J Major Decisions by City Council Section
60.500.040
505 arcel.por The vacation of the public street will not deny legally required public access to any lot benefit on the City;will confer a public public interest and is in the The
vacation of the public street following criteria:with conditions, the Public Street Vacation if it determines that the application complies with the The Planning Commission shall
recommend, and the City Council shall approve, or approve .six months from the date of the first hearing on the matterbetween the applicant and the Community Development Director,
but not to exceed nal decision may be extended for a reasonable period of time by agreement The fi deny the application based on the criteria in Subsection d below.within the time
limits imposed by this UDC, approve, approve with conditions, or by at least 5 votes of the Council, Following the hearing, the City Council shall, 327 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota ApprovalCriteria for Public Street Vacation Section 60.500.040K Major Decisions by City Council Section 60.500.040
506 Section in applicable standards , theJSection 60.500.040Lpursuant to this identified for modification in the application and approved ess l. UnDevelopment Distinctive in theapply
not that shall or that is to be modified developmentof land, land use, or and density/intensity types similar applicable to StandardsDevelopment Chapter 60.400in and ,Specific Standards-UseSection
60.300.020 standard ineach shall list The application .uses not listed in that Table, but may not include any Uses TableAllowed Section 60.300.010BTable listed in or combination
of uses usey include any The application JSection 60.500.040L sunless modified or supplemented by thi Common Procedures Section 60.500.030of l applicable requirements shall comply
with al Development Distinctive s forApplication shall be reviewed and approved by City Council. Distinctive Development application, a zone change to the most applicable zoning district
al of a Prior to submitt .Incentives Section 60.400.120 types of flexibility pursuant toor by providing the benefits required for certain Flexibility and Relief00.070Section 60.5 s
to UDC standards permitted pursuant toany adjustmentwith in this UDC districts ingzonoverlay and base the annot be accomplished through any combination of c developmentif the proposed
approval Development Distinctive an application for may acceptThe City Section 60.400.120that could have been granted pursuant to and Incentives Standards, Development Chapter 60.400relief
from otherwise applicable standards in tain to Specific Standards, -Use Section 60.300.020 standards in otherwise applicablefrom in relief procedure may not be used simply to obta
DevelopmentDistinctive The not used.procedure were Development Distinctive theve if what the City would achiegreater than to orbenefits equal to the City providethose developments
provided that in this UDCprocedures zoning districts and development that cannot be accomplished through other certain types of allow landowners to propose procedure is to DevelopmentDistinctive
The purpose of the 328 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Distinctive DevelopmentSection 60.500.040L Major Decisions by City Council
Section 60.500.040
507 parking, bufferyards/landscaping, recreation areas, exterior storage, and signage. street -includes but is not limited to primary structures, accessory structures, offosed across
multiple lots. This development approval when a development is propA Land Subdivision Permit for lot consolidation shall be required prior to 60.500.060CSection Development Plan(s)
for the Distinctive Development pursuant to rove the final Site The Community Development Director shall review and app decision. itsCity Council as part of that incorporates any
changes or conditions imposed by the Section 60.500.060B pursuant to(s) for each portion of the property e Planprepare and submit a Sitthe applicant shall application Development
Distinctive of theFollowing approval not to exceed six months from the date of the first hearing on the matter. plicant and the Community Development Director, but agreement between
the apwritten The final decision may be extended for a reasonable period of time by below. 4based on the criteria in Subsection imposed by this UDC, approve, approve with conditions,
or deny the application shall, within the time limits the City Council or hearings, Following the hearing .HearingConduct of Public Section 60.500.030C.2pursuant to Development
approvalDistinctive for a The City Council shall hold a public hearing on the application the Criteria in Subsection 4 below.that the City Council approve, approve with conditions,
or deny the application, based on The Planning Commission shall, within the time limits imposed by this UDC, recommend of the subject property. to all owners of land situated wholly
or partly within 350 feet of the outer perimeter , mailed notice shall be sent application DevelopmentDistinctive In addition, for any before the date of the hearing. lation at least
10 days provided by publication in a newspaper of general circushall be application DevelopmentDistinctive public hearing on a theof otice N Development.Distinctive size, complexity,
or anticipated impacts of the proposed nt Plan based on the Development include a General Developme Distinctive a The Community Development Director may require that an application
for approval shall apply.StandardsDevelopment Chapter 60.400and in ,ific StandardsSpec-Use60.300.020 329 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Distinctive DevelopmentSection 60.500.040L Major Decisions by City Council Section 60.500.040
508 Residential zoning surrounding impacts on negativewill not create material structures For developments involving new construction, the heights and placement of proposed residential
streets.ning and nighttime hours on local Will not create additional traffic during eve Will not generate frequent truck traffic on local residential streets; and streets;Will not
cause traffic volumes to exceed planned capacities on local residential district: if located in a Residential zoning below applicable City standards, and, be reducedlevel of service
on surrounding streets to will not cause the DevelopmentDistinctive The .to the maximum extent practicable the site vegetation existing desirable the ting topography and the exis
preservedand open space has For developments involving new construction, the arrangement of buildings, paved areas Plan(s). Development required Site in the and mitigated will be
addressed areas on those Development Distinctive impacts of thethe or avoidedhave been identified and sfloodplainand reas of natural or geologic hazard, such as unstable slopes, sinkholes,
A proposed development.r future planned public facilities in the area are adequate to serve the The existing o Building DesignSection 60.400.070Fin buildings of a similar type and
density/intensityfor required shall provide a greater level of design quality than would be these structures s, structureuse, or industrial multifamily, mixedincludes application
DevelopmentDistinctive If a Subsection 1 above and the Applicability provisions in Subsection 2 above.Purpose statement in the complies with stillfor actio as recommended applicationThe
:criteriathe following it complies with if DevelopmentDistinctive approval of a for n applicationaanning Commission shall recommend for approval, and the City Council may approve,
The Pl 330 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Distinctive DevelopmentSection 60.500.040L Major Decisions by City Council Section 60.500.040
509 hearing indicates public CITY COUNCIL DECISIONRECOMMENDATIONREVIEW & PLANNING COMMISSION RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT .riteriacfor Conditional Use Permit
Section 60.500.050ASee CouncilConditional Use Permit Approved by City .ConnectivityAccess and Section 60.400.040by density/intensitybuildings of a similar type and with for developmentsbetter
than that required vide pedestrian and bicycle access and circulation The proposed development will pro .parking into surrounding Residential zoning districtso avoid overflow tng parkimotor
vehicle The proposed development will provide adequate .yearreaching adjacent properties during a majority of the day for over four months out of the lock sunlight from b but are
not limited to include erial negative impactsMat .(s)district 331 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit for criteria.See
Section 60.500.050A Section 60.500.040M Major Decisions by City Council Section 60.500.040
510 the Criteria in Subsection 4 below.ove, approve with conditions, or deny the application, based on that the City Council apprThe Planning Commission shall, within the time limits
imposed by this UDC, recommend bufferyards/landscaping, recreation areas, exterior storage, and signage. street parking, -ry structures, offlimited to primary structures, accessowhen
a development is proposed across multiple lots. This includes but is not prior to development approval consolidation shall be required A Land Subdivision Permit for lot property.
e outer perimeter of the subject wholly or partly within 350 feet of sent to all owners of land situated application, mailed notice shall be Interim UseIn addition, for any of the
hearing. at least 10 days before the date newspaper of general circulation provided by publication in a application shall beInterim Use public hearing on a theNotice of a Grading
Permit may be approved.before an application for an Interim Use Permitrequire Grading Permit, .4.f60.500.060ISection , pursuant toAll land disturbing activities that the City Engineer
determines use that is not permitted in that zoning district for a period longer than 12 months.Residential zoning districts for any -Use or Non the Mixedll proposed uses of property
in A :This Interim Use Permit process applies to the Comprehensive Plan.consistent with will be term use -Comprehensive Plan under conditions that ensure its longfor purposes that
may not be consistent with the Residential zoning districts to be used-Use and Non The Interim Use Permit process is intended to allow property in Mixed 332 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota : 0 Major Decisions by City Council Section 60.500.040
511 use can be identified with certainty. The date or event that will terminate the inconsistent with the Comprehensive Plan after the Interim Use Permit period.properties during
the Interim Use period or allow the land to be used for purposes substantial adverse impacts on surrounding not create activity will assurances) that the applicant has given the City
adequate assurances (which may include financial the , require an application for an Interim Use Permit60.500.060I.2.c Sectionpursuant to ty Engineer determines, If the application
related to land disturbing activities that the Ci ; andcontinued existence of those structures) at the end of the interim use periodstructures related to the interim use be removed
(unless the City consents to the be terminated and any to ensure that the Interim Use willsuch assurance are necessary if the Community Development Director determines that financial
assurance adequate he applicant has provided , tFinancial Assurances Section 60.500.030E.7Pursuant to with a useful economic life longer than the term of the Interim Use Permit;The
application does not involve or require the construction of any permanent structure etermined by the Community Development Director;the interim use is located, as din the zoning district
most similar to that in which Specific Standards-Use60.300.020Section The proposed use complies with all applicable standards for that use listed in located;roperty is or Conditional
Use of the property allowed in the zoning district where the p, except that the interim use of the property need not be a Permitted 60.500.030E.3.a.3)Section and the criteria in of
Ordinances Code Rochester f the oRegistration, 5, Rental Unit -Chapter 7The application complies with all applicable provisions of application, or approve it with conditions, if it
complies the following criteria: approve the allhmission shall recommend approval, and the City Council sPlanning ComThe six months from the date of the first hearing on the matter.
between the applicant and the Community Development Director, but not to exceed e extended for a reasonable period of time by agreement The final decision may b criteria in Subsection
d below.UDC, approve, approve with conditions, or deny the application based on the Following the hearing, the City Council shall, within the time limits imposed by this .Conduct
of Public HearingSection 60.500.030C.2pursuant to for an Interim UseThe City Council shall hold a public hearing on the application 333 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Interim Use PermitSection 60.500.040N Major Decisions by City Council Section 60.500.040
512 on measures.itecto dfloohas obtained all required state and federal permits related to floodproofing and applicant, the Community Development Director shall confirm that the OverlayFloodplain
District –FPO Before approving or approving with conditions a Conditional Use Permit in the decision, based on the criteria in Subsection 4 below.Planning Commission shall make a
recommendation, and the City Council shall make a his case, the In t shall also apply. Decisions by City Council Section 60.500.030E.3.c indicates the use may only be approved by City
Council, the provisions 1-300.02Table If n Subsection 4 below.decision shall be based on the criteria i, and the shall also apply Authority by to be Made Decisions Section 60.500.030E.3.bof
he provisions tapproved by Planning Commission he use 1 indicates t-300.02Table If .60.500.030E.3.a.3)Section including but not limited to ,Common Procedures 60.500.030Section decision
made pursuant tUse Permit shall be reviewed and a for approval of a Conditional application nA conditional use.modification or expansion of an existing is also required for Conditional
Use Permitnew Approval of a Uses Table Allowed 1-300.01Table in City Council approval or requiring Planning Commission approvalidentified as the establishment of land uses for shall
be required Conditional Use Permit provided for anticipated impacts.is ionensure compatibility of such uses with surrounding areas and that adequate mitigattraffic generation, and/or
requirement of a large land area. This procedure is intended to frequency of use, high degree of proposed land uses that are generally characterized by inprocedure provides a mechanism
for the City to evaluate Conditional Use PermitThe .Uses Table Allowed 1-300.01Table y City Council, as indicated inCommission and those that may only be approved bThis process
applies to both Conditional Use Permits that may be approved by Planning Section 60.500.050 334 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Conditional
Use Permit: Section 60.500.050A orityDecisions That Require a Hearing by a Designated Auth Section 60.500.050
513 shall approve a 1-300.01Table Commission or the City Council, as indicated in, the Planning Floodplain Overlay –FPO to property in the If the application relates approved by
the City.Variance permitting that deviation has been Modification, Major Modification, or Minor unless a ,Section 60.300.020 Standard applicable to the proposed use inSpecific -any
Use but not limited to, including district in which the property is locatedUDC regulations or other City adopted regulations applicable the use or zone fails to comply with all applicable
PlanSite Development application or related The the property; and/orGeneral Development Plan applicable to approval or DevelopmentDistinctive any use or development approvals for
the property, including without limitation previous one or more with to complyfails or related Site Development Plan applicationThe surrounding area.application will create significant
negative environmental impacts on the The ;or similar public facilities water,the sewers, sanitary and storm drains, will impose undue burdens onor areathe use will create significant
negative impacts on the surrounding of The operation ;vehicular/vehicular conflicts-non ingminimiz whilestreet parking area that serves the use -and offway --s/egress of the building,
including from a public rightcustomer/tenant ingresprovide pedestrian access to any does not Site Development PlanThe ;facilitiessite will create hazards to safety or will impose
a significant burden upon public pedestrian circulation on the and vehicular ,ng, unloading, parkingehicular loadiV any of the following negative impacts.that the proposed use will
not create determines if it Conditional Use Permitapprove a shall 1, -300.02Table or the City Council, as indicated in Commission The Planning bufferyards/landscaping, recreation
areas, exterior storage, and signage. ing, street park-limited to primary structures, accessory structures, offroval when a development is proposed across multiple lots. This includes
but is not appdevelopment shall be required prior to A Land Subdivision Permit for lot consolidation .decision es after thy10 da Commissioner of Natural Resources withshall be sent
by mail to the Minnesota Floodplain District Overlay –FPO in the ional Use Permit each decision approving or approving with conditions a Condit A copy 335 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A Decisions That Require a Hearing by a Designated Authority ection 60.500.050S
514 conditions on the site to ensure:A thorough evaluation of the waterbody and topographic, vegetation, and soil met:Conditional Use Permit if it determines that the following additional
criteria have been shall approve a 1-300.01Table Commission or the City Council, as indicated inthe Planning ,Shoreland District Overlay –SDO If the application relates to property
in the flood waters expected at the site.The expected heights, velocity, duration, rate of rise, and sediment transport of ; andvehiclesThe safety of access to the property in times
of flood for ordinary and emergency ;program for the area managementThe relationship of the proposed use to the comprehensive floodplain plan and ;development anticipated in the
foreseeable futureThe compatibility of the proposed use with existing development and ;usens not subject to flooding for the proposed The availability of alternative locatio ;The
need for a waterfront location for the facility ;communityThe importance of the services provided by the proposed facility to the ;the effect of such damage on the individual ownercontents
to flood damage and The susceptibility of the proposed facility and its ;and unsanitary condition contamination,systems to prevent disease, The proposed water supply and sanitation
systems and the ability of these ;injury of othersswept onto other lands or downstream to the The danger that materials may be ;caused by encroachmentsThe danger to life and property
due to increased flood heights or velocities :60.500.050A.4Section in addition to those in shall be considered g factorshe followinT floor protection and floodproofing. has obtained
all required local, state, and federal government permits related to the applicant application may only be approved or approved with conditions if The met.llowing additional criteria
have been Conditional Use Permit if it determines that the fo 336 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A
Decisions That Require a Hearing by a Designated Authority Section 60.500.050
515 ;UDCuirements of this conformance with the req-parking does not result in nonstreet parking and loading spaces, unless the reduction in -A reduction in off Inadequate public facilities;
site and at access points;-circulation onmotorized vehicle or pedestrian -cle or patron, nonvehicular traffic, transit vehiChanges in site design that may create problems or conflicts
associated with change in building coverage on the lot;in more than ten percent ingAn increase or decrease in the floor area ratio result ;percent by more than 10approved dwelling
units In the case of residential development, an increase or decrease in the number of and do not include any of the following: agreementmodification of required public infrastructure
addressed in a development ; but do not include any sor change of accessory structures or use ,deletionthe addition, and ;design of public facilitieslandscaping materials and placement
;exterior facades ;floor area maximum or minimummaximum lot coverage; ;height ;modification in building locationsted to but are not limiinclude modificationsMinor approved. was
permitor other circumstances unforeseen at the time the engineering factorss if necessitated by Conditional Use Permitauthorized to make changes to approved is Community Development
Directorthe listed belowSubject to the restrictions .systems, watercraft launching and docking areas, and vehicle parking areass for the location, design, and use of structures,
sewage treatment Special provision ; andWetland Conservation Ordinance-Soils based on the USDA Soil Survey as they are administered by the City’s 6 or groundwater supported wetlands
on the Decorah Edge overlay Map and or Hydric all development that has Decorah Edge soils A wetland delineation is required for ;etbacks from the Ordinary High Water LevelS ;watercraftcompatible
in relation to the suitability of public waters to safely accommodate The types, uses, and numbers of watercraft that the project will generate are dsite sewage treatment; an-The
site is adequate for water supply and on limited;The visibility of structures and other facilities as viewed from public waters is during and after construction;soil erosion or other
possible pollution of public waters, both The prevention of 337 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A
Decisions That Require a Hearing by a Designated Authority Section 60.500.050
516 Use Permit being amended.above may only be approved through the same process used to approve the Conditional Modifications to approved Conditional Use Permits that are not listed
in Subsection a.2) .landscapingSignificant change in either the durability or quality of building materials or ; andglassing that reduces the visibility in and out of the structureof
percent either through elimination of glass, or obstruction of more than 10 percent than 10Reduction of transparency at the ground level, by more ;approved use the Elimination of
one of the major approved elements of the project such as including: approved originally A significant change in the character of the project as 338 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Conditional Use Permit: Section 60.500.050A ing by a Designated AuthorityDecisions That Require a Hear Section 60.500.050
517 .Section 60.200.040C.8 ons, if it complies with the applicable Secretary of the Interior Standards, as described conditishall approve the application, or approve it with Heritage
Preservation Commission The decision shall be based on the criteria in Subsection 4 below.and the shall be required, public hearing rather than a allows for public comment that except
that a public meeting apply, shall also ,Designated Authority by Made to be Decisions ,Section 60.500.030E.3.bions of , the provisapproval CommissionHeritage Preservation subject
tois indicates the use 1-500.01Table .0.500.050B6Section unless modified by this ,by to be Made Decisions ,60.500.030E.3.bSection including but not limited to Common Procedures
Section 60.500.030viewed and a decision made pursuant to shall be Major Alteration –Appropriateness Certificate of An application for approval of a Exemptions ,Section 60.500.060D.2.bAppropriate
ness pursuant to those activities that are exempt from the requirement to obtain a Certificate of and Minor Alteration –Certificate of Appropriateness Section 60.500.060Dpursuant to
Minor Alteration –ess those that qualify for approval as a Certificate of Appropriatendesignated landmark property or to a contributing property in landmark district, except for Major
Alteration is required for all alterations to a –A Certificate of Appropriateness community.UDC and City regulations designed protect properties historically significant to the and
with all other provisions of this Section 60.200.040CHistoric Preservation Overlay in –of the HPO ll applicable provisions district, comply with alandmark properties within a contributing
landmark property, including designated alterations to a major proposed process is intended to ensure that any Major Alteration –The Certificate of Appropriateness 339 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Major Alteration –Certificate of Appropriateness : Section 60.500.050B Decisions That Require a Hearing by a Designated
Authority Section 60.500.050
518 .Subsection 4. belowin pursuant to the criteriaProceduresCommon Section 60.500.030Planning Commission pursuant to reviewed and a decision made by the land Protection Permit shall
be ShoreAn application for approval of a scheduled meeting.regularly Commission at their next and shall transmit a copy to the Planning as required by Section 60.500.030F.1 Director
shall prepare a notice of action application, the Community Development Following the preliminary decision on thpreponderance of the evidenceissuance of the permit by a fair and make
a determination of whether the applicant is entitled it Section 60.500.030Dy Development Director shall review any information received under The Communit Impact Zone; landthe Shoreor
grading in oriented accessory structure,-, with the exception of a waterAny structure Accessory Agricultural uses; h density standards in Section 60.200.040F.4.b.widtSubdivisions
of five or more dwelling units with densities exceeding the minimum lot , as described in Section 60.200.040F.3.cfour units per suitable acrecontaining five or more dwelling units
with densities exceeding Residential development uses; Industrial by other sections of this ordinance:applications required development following activities on such land, in addition
to any other requires that a Shoreland Protection Permit be obtained before conducting any of the , and reland District OverlaySho –SDO applies to all land in the Section 60.500.050CThis
development.during and after bothOverlay District qualities and environmental benefits of the Shoreland protects and enhances the natural scenic , and Section 60.200.040Fapplicable
provisions in complies with all in a way that Overlay istrictShoreland D –SDO in the buildings and land undeveloped land, redevelopment of previously built sites, or conversions of
existing cts on is intended to allow for new projeprocess The Shoreland Protection Permit 340 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Protection
Permit Shoreland: Section 60.500.050C Decisions That Require a Hearing by a Designated Authority Section 60.500.050
519 the site.of adjacent public waterways and do not maintain the natural vegetation of protection site bufferyards and landscaping do not provide adequate -The provisions for on natural
drainage ways, sensitive lands and soils, and public waterways.detrimental to the shoreland environment, and will impose undue burdens on existing e will be and dimensions of the proposed
structur ,The intensity, location, operation one or more of the following findings with respect to the proposed development:the Planning Commission makes Overlay, unlessDistrict conditional
use in the Shoreland uthorizing a The Planning Commission shall approve a Shoreland Protection Permit a to beginning development activities.applicant must obtain all other applicable
approvals, as required by this ordinance, prior it, the Perm ProtectionFollowing approval or approval with conditions of a Shoreland Community Development Director. , to consider
upholding or reversing the preliminary decision of the 60.500.030Section public hearing, as required by The Planning Commission shall conduct a 341 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Shoreland Protection Permit: Section 60.500.050C ons That Require a Hearing by a Designated AuthorityDecisi Section 60.500.050
520 downstream to the injury of others or damage to property.s a danger that materials may be swept onto other lands or The development pose transport, and/or will increase flow velocities
of the flood waters expected at the site.increase the rate of rise, will modify the extents of the floodplain, will increase sediment l increase flood heights and/or flood duration,
will The proposed development wil allow such deviation has not been secured by the applicant.standards specifically applicable to the proposed use, and a variance or modification to
, the standards of the underlying zoning district, or the Overlay istrictland DShore –SDO standards of the applicable The proposed development does not comply with all stormwater
management problems that may be created by the development.The project plans fail to provide adequate protection against soil erosion and/or t protection.ensure permanenThe city shall
monitor compliance under Section 60.300.040F.11.a.3 to permanent protection.city shall monitor compliance under Section 60.300.040F.11.a.3 to ensure and by use of shared ownership,
HOA covenants, or public dedication. The ty These protections of the shore impact zone shall be preserved in perpetui 60.200.040F.11.a.3. shore impact zone shall be restored consistent
with the Standards in Section rooted, woody vegetation, the entirety of the -previously cleared or lacks deepbeen state. Where the existing or natural state of the riparian edge has100%
of the Shore Impact Zone must be preserved in its natural or existing to those detailed in Section 60.200.040F.11.a.2.c&d. ion management standards shall apply, which are alternative
the following vegetatcontaining buildings with four or fewer dwelling units subdivisions or residentialF ensure permanent protection.The city shall monitor compliance under Section
60.300.040F.11.a.3 to other equally effective and permanent means., or deed restrictions, covenants, permanent easements, public dedicationThese protections shall be preserved in
perpetuity and maintained by use of consistent with the Standards in Section 60.200.040F.11.a.3. getation, the shore impact zone shall be restored rooted, woody ve-lacks deepexisting
or natural state of the riparian edge has been previously cleared or in its natural or existing state, for a minimum of 80 percent. Where the The riparian edge of the lot within the
Shore Impact Zone must be preserved .applythe following vegetation management standards shall or industrial developments, consisting of buildings containing five or more units,
For residential developments 342 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Shoreland Protection Permit: Section 60.500.050C Decisions That Require
a Hearing by a Designated Authority Section 60.500.050
521 indicates public hearing BOARD OF APPEALS APPEAL TO ZONING DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .approvedthose prior approvals has been compliance with any conditions attached
to ingconfirm ertificateConing Zshall be issued until arianceModification, Major Modification, or VMinor ring a , or requiPermit Uonditional C use or development authorized byNo
.Section 60.500.030E.3.a.3)criteria in conditions, if it complies with the application, or approve it with Director shall approve the Community Development The 4 below.ection Subspursuant
to the Criteria in Common Procedures 60.500.030Section decision made pursuant to eviewed and a shall be r CertificateZoning An application for approval of that activity. application
for a Sound Amplification Permit shall constitute a zoning certificate for Community Development Director’s signature on an Code, in which case the Rochester MunicipalThe amplification
of sound pursuant to Chapter 117 of the .The issuance of a temporary permit construction or alteration of a building or structure; or use involving the erection, reconstruction,
previous t of a establishmen-The re An existing use is changed or modified so as to alter the character of its occupancy; alteration of a building or structure; or involving the
erection, construction, reconstruction or of a buildingexterior use or appearance ofin the Any new use may be established involving a change shall be required before:zoning certificate
requirements. UDCcompliance with development to proceed based on information included on the application evidencing ent Director to authorizeCommunity Developmissued by the Zoning
Certificates are Section 60.500.060 343 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Zoning Certificate: Section 60.500.060A Development Approvals
by Community Development Director Section 60.500.060
522 permit total completion of the development for a specified period of time.occupancy where conditions beyond the control of the applicant exist which will not al certificate of
zoning approve a condition will Community Development DirectorThe 344 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Zoning Certificate: tion 60.500.060ASec
Development Approvals by Community Development Director Section 60.500.060
523 Council; ously been approved by City General Development Plan has previ n activeA proposed development for which:any ,Decorah Edge Overlay -DEO Wetland Conservation and the Except
within the subdivision plat.egistered Land Survey rather than a final approved under the provisions of a Rof a Conditional Use Permit or Site Development Plan for a project that will
be Any proposed development for which the applicant is required to receive approval Impact Report.es not require the preparation of a Traffic required, and for which this UDC doAny
proposed development for which no new connections to a public street are Subsections 2.a.1), 2), or 3) for:Development Plan is not required in connection with the types of applications
listed in pproval of a General Notwithstanding the provisions of Subsection 2.a above, a applicable., if signatories-any nonthere are why boundaries of the GDP or a statement as to
application shall include the signatures of each property owner included in the proposed n this case, the I above may file an application to approve a General Development Plan.The owner
of property that is not the subject of an application listed in Subsection 2.a development or other areas of the City.equate infrastructure or public services to the proposed City’s
ability to provide ad the application may have significant negative impacts on the surrounding area or on the under this UDC other than those listed in Subsection 2.a above if Council
determines that Development Plan in connection with applications City Council may initiate a General .Section 60.500.040L.3.a.3) pursuant toif required by the Community Development
Director A Distinctive Development, Each Major Land Subdivision Permit; and that is not initiated by the City;Each Rezoning involving more than five acres of l Each Comprehensive
Plan Amendment that is not initiated by the City; Council action on any of the following types of applications under this UDC:opment Plan is required prior to or simultaneously with
City Approval of a General Devel site public infrastructure system. -adjacent properties and the on and offinvestigates the broad effects development will have not only on the site
itself, but on nsure that a landowner eto is ent Plan requirement of the General Developm The purpose 345 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
General Development Plan: Section 60.500.060B Development Approvals by Community Development Director .060Section 60.500
524 indicates public hearing RD OF APPEALSBOA APPEAL TO ZONING DIRECTOR DECISIONCOMMUNITY DEVELOPMENT satisfy one of the following categories of development:approval of a Major Land
Subdivision Permit, the proposed development must platting of the area will require If the eventualinfiltration, and recharge processesgroundwater recharging lower aquifers and to
protect discharge, interflow, will maintain the quality and quantity of and applicable standards in this UDC and DEO zoning district Edge Support comply with Provisions for wetlands
areas utilities will be available concurrently with development;to ensure that adequate Financial Assurances Section 60.500.030E.7pursuant to nts have been made Year Capital Improvements
Program, or that other arrangeme-s current 6’development and such utilities are in the first three years of the Cityis planning for the extension of utilities to serve the area of the
proposed f the proposed land use, or the City Utilities are available to directly serve the area o reflected in the City’s adopted Capital Improvements Program;The proposed plan makes
provisions for planned improvements and streets .the Comprehensive PlanThe mix of housing is consistent with adopted ;Access and ConnectivitySection 60.400.040, and Subdivision
Standards60.400.030 Sectionstandards in , and Uses Table Allowed 1-300.01Table in the underlying zoning district as stated All applicable standards in this UDC are met including the
proposed land uses for General Development Plan if the following are satisfied:ove a shall appr DirectorCommunity Development The .Section 60.500.040E.3by this unless modified or
supplemented Common Procedures 60.500.030Section requirements of comply with all applicable Development Plan approval shall Applications for a General abutting property.te the orderly
development of the subject parcel and is needed to accommodaway, street or utility easement --Comprehensive Plan and for which no new rightzoning is consistent with the land use designation
in the adopted Rochester -he Community Development Director has determined that any application for reT appropriate street system or to provide access to adjacent property. need not
continue beyond the land to be subdivided in order to complete an The Community Development Director determines that new proposed streets 346 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota General Development Plan: Section 60.500.060B Development Approvals by Community Development Director Section 60.500.060
525 .to evaluate the impacts of the proposed modificationapplication submittal requirements not required waive any willSubsection a above, and in Development Plan if the Director
determines that they comply with the criteria nts to an approved General approve amendme willThe Community Development Director Development Plan.on the development of the property
occurring as proposed in the General pment Plan. The development agreement must have been drafted based Develoowner and the city for the entire property included in the proposed General
A development for which a development agreement has been executed by the ownership or interest; ornership or interest, and consists of all lands for which the applicant has A development
that consists of at least 80 acres in land area regardless of Improvement Program;sewer or water tower) that has been identified as a project in the Capital remaining service area
of a major public facility improvement (such as a trunk re A development with adequate public facilities and constituting the enti inclusion of other abutting lands;an approved General
Development Plan, or permanent open space that limits the topographic constraints, existing development, land already included in or other level streets, streams, -A development bounded
on all sides by arterial or higher 347 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota PlanGeneral Development : Section 60.500.060B Development Approvals
by Community Development Director Section 60.500.060
526 indicates public hearing BOARD OF APPEALS APPEAL TO ZONING DIRECTOR DECISIONCOMMUNITY DEVELOPMENT primary structures, proposed across multiple lots. This includes but is not limited
to when a development is proposed prior to site development approval shall be required consolidation for lot A Land Subdivision Permit approval becomes null and void., or the lopment
DirectorDeveapproved by the Community approval, unless otherwise afterwithin one year beginmust approved Site Development Plan pursuant to an Development Section 4 below, pursuant
to the Criteria in Common Procedures Section 60.500.030made pursuant to be reviewed and a decision shalla Site Development Plan An application for approval of of those reviews.review
is included as part Site Development PlanPlanned Development is reviewed, the application is reviewed, or when the Final Plan for a PlanDevelopment When a Site shall occur prior
to the issuance of a building permit. lan approvalPSite Development Directornity Development Commuof use on a site, as determined by the schange All ;impervious surfacesconstruction
or modification of structures, parking lots and the creation of All dwelling duplex, or dwelling home-twinfamily dwelling, -detached singlelopment permit except a a deve that requiressite
development in the City ll A :review is required for Development PlanSite and motorized vehicle conflicts. pedestrian,and minimize bicycle, ,environmentmotorized transportation
and transit, enhance the pedestrian -promote use of nonimprovements so as to promote harmonious relationships with adjacent development, review shall consider the siting of structures
and related site Site Development PlanThe UDCconformance with the standards of this ces are developed in and open spa ,streets, parking, circulation systems, yardsand aesthetic development
of property and to ensure that new structures, utilities, ,intended to promote the safe, functional review process Development Planite SThe 348 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Development PlanSite Section 60.500.060C unity Development DirectorDevelopment Approvals by Comm Section 60.500.060
527 pedestrian safety, and other design features appropriate to the context.and bicycle conflicts through the use of appropriate traffic calming, ,pedestrianafe travel of persons
of all ages and abilities by minimizing vehicular, will support the spatrons and private vehicles and integration of these facilities with adjacent properties and ,site access and
circulation design for pedestrians, bicyclists, transit vehicles- property. and planned development of adjacentthe existing The proposed development, including its size and density
is compatible with unnecessary due to the context or programmed improvements.to be Community Development Directormotor scooter parking, unless determined by the s to designated bicycle
parking and patrons to the building entrance(s), bicycle accesThe proposed development provides convenient access for pedestrians and transit development agreement.There has been
complete compliance with all issues addressed in any applicable roved for the property.and Traffic Impact Study app ,Conditional Use PermitThe proposed development is consistent with
any approved General Development Plan, and stormwater management. ,grading, drainage, erosion controlonsistent with adopted policies and standards for access, The proposed development
is c applicable laws and ordinances.orderly development or improvement of surrounding property for uses permitted by The proposed development will occur in a manner that will not impede
the normal and ines) are placed underground.land telephone ,systems (including, but not limited to, water, sewer, natural gas, electricalThe proposed development, wherever practical,
indicates all utility service transmission zoning district unless a variance is approved.underlying of the andards and all development st layout satisfies the purpose Site Development
PlanThe The proposed development complies with all applicable laws and ordinances. The proposed development is consistent with the Comprehensive Plan. ollowing.of the fit satisfies
all Site Development Planshall approve a Community Development DirectorThe exterior storage, and signage. street parking, bufferyards/landscaping, recreation areas, -accessory
structures, off 349 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Development PlanSite Section 60.500.060C Development Approvals by Community Development
Director Section 60.500.060
528 Commission action.and Building Official may approve the alteration without prior Heritage Preservation of a building or structure and its inhabitants, the Community Development
Director ion where immediate repair is needed to protect the safety In an emergency situat proposed activity. Commission shall make the determination regarding exemption status of
the requirement for a Certificate of Appropriateness, the Heritage Preservation question as to whether an activity qualifies as exempt from the If there is a site.-seen from offwork
to make properties functional, when it has no visual impact to the property as required -Upgrading of mechanical, electrical, and plumbing systems and other code dow glazing or other
such minimally intrusive work; andof winRoutine repair or maintenance such as caulking, replacement of fasteners, repair plastering similar to the existing finish;-Exterior repainting
(color selection), or re terior remodeling and modifications that do not affect the external appearance; property;Maintenance and repair that does not affect the external appearance
of the of Appropriateness. The following activities may be performed without the requirement to obtain a Certificate tributing properties in any historic district.con-Alterations
to non way.--Alterations not visible from public land or the right Replacement or alterations of features that are not character defining. .awnings andigns Replacement or alteration
of s Minor Alteration is required for–Appropriateness A Certificate of historically significant to the community.with all other provisions of this UDC and City regulations designed
protect properties and Section 60.200.040Eall applicable provisions in district, comply with landmark within a properties thosealterations to a designated landmark property, including
minorproposed Minor Alteration process is intended to ensure that any –The Certificate of Appropriateness 350 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Minor Alteration –Certificate of Appropriateness : Section 60.500.060D Development Approvals by Community Development Director Section 60.500.060
529 indicates public hearing COMMISSIONPRESERVATION HERITAGE APPEAL TO DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .Section 60.200.040C.8.din the applicable Secretary of the Interior
Standards, as described conditions, if it complies with ve the application, or approve it with The Community Development Director shall appro Section 4 below. pursuant to the Criteria
in ProceduresCommon Section 60.500.030pursuant to Development DirectorCommunity decision made by the Alterations shall be reviewed and a Minor –Certificate of Appropriateness An
application for approval of 351 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Minor Alteration –Certificate of Appropriateness : Section 60.500.060D
rovals by Community Development DirectorDevelopment App Section 60.500.060
530 indicates public hearing BOARD OF APPEALSZONING APPEAL TO DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .Section 60.500.030E.3.a.3)Code and the criteria in Municipal Rochester icable
provisions of Section 38.05 of the conditions, if it complies with all applThe Community Development Director shall approve the application, or approve it with below.pursuant to the
Criteria in Section 4 Common Procedures 60.500.030SectioCode and Municipal Rochester Section 38.05 of the pursuant to Community Development Director by the and a decision made shall
be reviewed Certificate HousingRental l of An application for approva owner or operator to rent any dwelling unit for occupancy by another individual.before the Building and Safety
Department may approve a registration certificate allowing an City Housing Certificate shall be required for each habitable dwelling unit in the RentalA valid meets all applicable
requirements of this UDC and applicable City regulations.cate process is intended to ensure that each rental unit in the city Housing Certifi RentalThe 352 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Rental Housing Certificate: Section 60.500.060E Development Approvals by Community Development Director Section 60.500.060
531 indicates public hearing BOARD OF APPEALSZONING TO APPEAL DIRECTOR DECISIONCOMMUNITY DEVELOPMENT .Section 60.500.030E.3.a.3)It complies with the criteria in andPermits; Temporary
Section 60.300.020Hstandards in specific -uIt complies with all applicable :conditions, ifThe Community Development Director shall approve the application, or approve it with Permit.
Temporaryapplication for and approval of a new of the approved activity requires thePermit may not be extended beyond 12 calendar months. Any continuation Temporary effective for
not more than 12 calendar months.Permit shall be in the form of a revocable permit for a period TemporaryApproval of a .during the temporary permitty conditions as the Director determines
necessary to protect the public health and safeDirector may attach such Community Development the 1Section 60.300.020H listed inIn addition to those conditions Criteria in Section
4 below., pursuant to the ProceduresCommon 60.500.030Section pursuant to Director the Community Development by made reviewed and a decisionhall be Permit s TemporaryAn application
for approval of . Uses Table Allowed 1-300.01Table TemporaryPermit is required for each use listed as a Temporary surrounding properties.der conditions that minimize potential
negative impacts on Uses Table Allowed 1-300.01Table exceed a maximum of 12 calendar months) for purposes permitted in t to term use of property (no-Permit process is intended to allow
the short TemporaryThe 353 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Temporary Permit: Section 60.500.060F Development Approvals by Community
Development Director Section 60.500.060
532 exterior storage, and signage. street parking, bufferyards/landscaping, recreation areas, -accessory structures, offproposed across multiple lots. This includes but is not limited
to primary structures, n more than one lot; and/or a development is when a development is proposed oA Minor Land Subdivision Permit shall be required prior to site development approval
Subdivision Permit process.require that the applicant complete the Major Land willSubdivision, the Director hose created by a Major Land properties, or City services and infrastructure
similar to tthat the impacts of the series of applications creates impacts on the land, surrounding Land Subdivision Permit process by the same owner or by owners acting in concert
and t the use of the Minor , or thaSection 60.500.040GLand Subdivision Permit process in Major Permit process is being used repeatedly or on related parcels of land to avoid the Land
Subdivision he Community Development Director determines that the Minor If t .PermitGrading improvements that will continue to exist following the completion of the , unless the activity
will involve the construction of structures or 60.500.060H.4.fSection Grading Permit pursuant to Activities that are the subject of a ; andSection 60.500.040G Permit pursuant toThose
divisions of land that are required to complete a Major Land Subdivision ;Section 60.500.060J stment pursuant toReadjuThose activities related to land or lots that are eligible for
approval as a Lot Line Those activities exempt from regulation by Minnesota Statute Chapter 462; :; except forway are proposed--for which no major changes to the rightway and --ghtall
of the proposed lots front on a platted or dedicated street riordinance, of Minnesota or City statecreates no more than four new developable parcels by the or that is otherwise defined
as a Subdivision of Land that more than four new lots,create no , including vertical as defined in Minnesota state law that willdevelopable lotsapplies to all activities that will
create no more than four new Section 60.500.060GThis state lawMinnesota reliminary plan under is recognized as the pof land and ubdivisionminor sermit is the initial document authorizing
the creation of a Pubdivision Sand Minor L Comprehensive Plan.provision of public services, and are consistent with the adopted Rochester sitive lands, and the regulations related
to transportation, utilities, protection of senrequirements of state law, this UDC, and all applicable City and other government new developable lots within the City comply with all
applicable small numbers of sure that the creation of rocess is intended to enPermit pLand Subdivision Minor The 354 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Minor Land Subdivision Permit: Section 60.500.060G rectorDevelopment Approvals by Community Development Di Section 60.500.060
533 indicates public hearing RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT ZONING APPEALSAPPEAL TO BOARD OF adjacent properties.on, or the efficient continued development
of, permitted uses acts on the safety or viability of The proposed subdivision will not have adverse imp adequate buildable area in each lot for planned uses.connections, and transit,
vehicular, service and emergency access, efficient utility servicemotorized vehicle, -for safe and convenient pedestrian, non sThe lot layout provide or adopted drainage or stormwater
policies.the City of Rochester and is consistent with the adopted Stormwater Management Plan The plan for soil erosion and stormwater management meets the adopted standards of future
development. and timely extension to serveand fire protection demands of proposed development and to provide for the efficient The proposed water system and sanitary sewer system are
adequate to serve the normal county ordinance.ion of federal or state law or city or not result in a violatwill The proposed land subdivision or Traffic Impact Study., and/General
Development Plan, Conditional Use PermitThe proposed land subdivision permit is consistent with any approved and applicable been approved pursuant to this UDC.UDC has Modification,
Major Modification, or Variance for any deviation from the standards in this standards in this UDC, unless a Minor The proposed land subdivision conforms to all Comprehensive Plan.
Rochestered land subdivision is consistent with the The propos determines that the following criteria are met:shall approve a Minor Land Subdivision Permit, if it Community Development
Director The e submitted to the City Engineer for review and approval.shall b. Construction plans UDCfacilities, sidewalks and other improvements required by this streets, traffic
control devices, sanitary sewers, storm water facilities, water system ing of complete construction drawings and specifications of all easements, plans, consistof Minnesota, construction
statethe professional engineer, registered in shall have prepared, by a Subdivision Permit, the applicant Minor Land aapproval of After been obtained., as applicable, has H.4.f60.500.060Section
pursuant tomay occur until a Grading Permit in the Minor Land Subdivision Permit No grading of the property included , pursuant to the Criteria in Section 4 below.Common Procedures
Section 60.500.030pursuant to by the Community Development Director decision made hall be reviewed and a Permit sa Minor Land Subdivision An application for approval of 355 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Minor Land Subdivision Permit: Section 60.500.060G Development Approvals by Community Development Director Section 60.500.060
534 indicates public hearing BOARD OF APPEALSZONING TO APPEAL CITY ENGINEER DECISION permit to work in public waters pursuant to Minn. Stat. Sec. 103G.245 suffices as communities.
Applying for a Director must notify adjacent the Community Development or relocation of a river or stream, Before authorizing any alteration ection 4 below.the Criteria in S, pursuant
to Common Procedures Section 60.500.030pursuant to City Engineerby the made shall be reviewed and a decision Floodplain Development Permit of An application for approval Any other
type of development. j. andAll placement of manufactured homes; All new construction and substantial improvements; for; unless a public waters work permit has been appliedbridges),
and Relocation or alteration of a watercourse (including new or replacement culverts The placement of fill, excavation of materials, or the storage of materials or equipment; ;sourcere
that has been damaged by flood, fire, tornado, or any other The repair of a structu The change or extension of a nonconforming use ;for a farm fence, except site septic system, or
fence-The construction of a dam, on ;The use or change of use of a building, structure, or land ;constitutes substantial improvement ti conjunction with other planned work,structure.
Normal maintenance and repair requires a permit if, separately or in The erection, addition, modification, rehabilitation, or alteration of any building :on such land following activitiesthe
any of ting conducplain Development Permit be obtained before requires that a Floodand district, Floodplain Overlay –FPO applies to all land in the Section 60.500.060HThis flooding.
damage due toand with all other provisions of this UDC and City regulations designed to reduce the risk of Section 60.200.040Ecomplies with all applicable provisions in Floodplain
Overlay –FPO the Floodplain Development Permit process is intended to ensure that all development in The 356 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Floodplain Development Permit: Section 60.500.060H Development Approvals by Community Development Director Section 60.500.060
535 ;at least as high as the regulatory Flood Protection Elevation floodiwater from entering or accumulating within the components during conditions of equipment and other service facilities
that are designed and/or located so as to prevent Constructed with electrical, heating, ventilation, plumbing, and air conditioning Constructed by methods and practices that minimize
flood damage; Constructed with materials and utility equipment resistant to flood damage; including the effects of buoyancy;al movement of the structure resulting from hydrodynamic
and hydrostatic loads, laterDesigned (or modified) and adequately anchored to prevent floatation, collapse, or placement of manufactured homes must be:, all construction and substantial
improvements including the Floodplain Overlay –FPO in the If a proposed building site is Permit if the Community Development Director determines that The application may be approved
or approved with conditions a Floodplain Development or scientific data.by submitting a copy of the relevant technical Flood Elevations increase or decrease Base that changes any
physical Chicago Regional Office of FEMA of information becomes available, the Community Development Director must notify the e date such supporting As soon as is practicable, but not
later than six months after th alterations or additions to structures are floodproofed.structures and to which elevation , as well as the existing structures in the FPO districtstructures
and alterations or additions to lowest floor (including basement) of all newThe Community Development Director shall maintain a record of the elevation of the provided.is , provided
sufficient documentationabove drequired by Subsection certificationwith Section 6.212 are exempt from accordanceAccessory structures designed in criteria in this UDC.flood protection
standards and the nonconforming use or structure differs from the altered the certificate of zoning compliance shall specifically state the manner in which or substantially impact,
and uplift forces. Where a nonconforming structure is extendedproofing methods are adequate to withstand the flood depth, pressures, velocities, -A registered professional engineer
or architect shall certify that the floodFloodway. projects in the rise for -Where applicable, the applicant shall submit analysis of noUDCbuilding elevations were accomplished in compliance
with the provisions of this engineer, registered architect, or registered land surveyor that the finished fill and d professional ertification by a registerec shall submithe applicant
Zoning Certificate, tFollowing completion of the activities authorized by a Floodplain Development Permit and in Subsection 2 above.fore beginning any of the activities listed n a
Zoning Certificate bethe applicant must obtaiplain Development Permit, dFollowing the approval or approval with conditions of a Floo Regional Office of the Federal Emergency Management
Agency (FEMA).uate notice. A copy of the notification must also be submitted to the Chicago adeq 357 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Floodplain
Development Permit: 60HSection 60.500.0 Development Approvals by Community Development Director Section 60.500.060
536 Designed in a way that is not detrimental to uses in adjoining areas. Designed to provide adequate drainage to reduce exposure to flood hazards; and 358 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Floodplain Development Permit: Section 60.500.060H Development Approvals by Community Development Director 500.060Section 60.
537 BOARD OF APPEALSZONING TO APPEAL CITY ENGINEER DECISION Subsection 4 below.conditions, or deny an application for a Grading Permit based on the criteria in with approve, approve
City Engineer shall The .60.500.060H.4.fSection supplemented by this unless modified or ProceduresCommon Section 60.500.030applicable requirements of Permit shall comply with all
GradingApplications for a .disturbance activity from City Council before approving the Grading Permitthe applicant obtain an Interim Use Permit for the land Engineer can require
thatthe Comprehensive Plan, the or prepare the land for uses inconsistent with allowthe proposed grading activities, or may structures that will remain on the land following or will
result in antial impacts on surrounding properties, Permit may have substactivity proposed in an application for a Grading the determines that City EngineerIf the Installation of
utilities not involving other surface grading Excavation of a basement for which a building permit has been issued .Codeilding Minnesota State Buctivities exempted under the applicable
provisions of the A andproperty; Activity necessary as an emergency measure for the safety or protection of life or ;Agricultural operations involved in crop production ermit:Prading
Gto obtain a The following activities are exempt from the requirement .of earth material agricultural project involving the movement of 50 cubic yards-ermit shall be required for
any nonPrading G Except as listed in Subsection 2.b below, a .Activities ingshifting or settling soils or rock formations, and to mitigate the visual impact of gradreview impacts
on drainage patterns, protect ground water supplies, to minimize risks from review any development project involving significant changes in land form to The City shall 359 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Grading Permit: Section 60.500.060I Development Approvals by Community Development Director Section 60.500.060
538 The amount and type of material being moved to or from the site. and Permanent and interim erosion and sediment control plans; ;yand quantit ater qualityW rainage patterns;D
Restoration and stabilization of cut and fill areas; .related tofederal regulations and has minimized any negative impacts on surrounding properties on complies with this UDC and
all applicable City, state, and determines that the applicatiCity Engineer application shall be approved or approved with conditions if the The 360 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Grading Permit: Section 60.500.060I Development Approvals by Community Development Director Section 60.500.060
539 public hearingindicates BOARD OF APPEALSZONING TO APPEAL DIRECTOR DECISIONCOMMUNITY DEVELOPMENT ,StandardsDimensional Section 60.400.020shown in zoning district in which
it is located, as meet the minimum dimensional requirements for the Each of the resulting lots will it complies with the following criteria: Director determines thatproved with conditions
if the Community Development The application may be approved or ap in Subsection 4 below.based on the criteria Lot Line Readjustmentapplication for a nwith conditions, or deny ashall
approve, approve DirectorCommunity Development The .60.500.060JSection supplemented by this unless modified or ProceduresCommon Section 60.500.030of with all applicable requirements
shall comply Readjustment Permit Lot LineApplications for a County Recorder’s office is required.Following the approval of the lot line readjustment, a Lot Combination through the
.FSection 60.500.060GLand Subdivision process as described in If any parcels are located in a different subdivision, the application must follow the Minor All parcels associated with
the application must be within the same recorded subdivision. land.r each parcel of This process may be used only once fo .requiredaccess is not additional easement to provide or
where the dedication of a street remove any existing parcels, and that does not no more than one additional lot or parcel, that creates2 district -Ror 1-R n ansubdivision and rearrangement
of a single parcel or group of parcels i-A single re ; andand no parcels are removed parcel, when no additional lots or parcels are createde rearrangement of existing lot lines for
either part of a platted lot or an unplatted :Readjustment process applies in the following situations ot Linehe LT way.--additional developable lots and do not require the dedication
of additional rightno more than one es of already platted lots or unplatted parcels that create boundarithe Readjustment process is intended to allow minor adjustments between Lot
LineThe 361 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ReadjustmentLine Lot : Section 60.500.060J Development Approvals by Community Development
Director Section 60.500.060
540 t would require approval as a Major surrounding properties similar to those thamay result in impacts on the Minor Modifications included in a single application or combination of
the number If the Community Development Director determines that involving more than three contiguous lots.ment lot development, or for part or all of a subdivision plat or phase
of develop-a multirepeated requests for Minor Modifications may not be used to modify UDC standards for to three contiguous lots under common or related ownership. Individual or related
or A request for a Minor Modification may only be submitted for a single platted lot, or for up amount larger than is permitted by that Section.by an Exceptions to the Dimensional
Standards ion 60.400.020GSectstandard listed in A Minor Modification shall not be granted to allow any modification of any dimensional approved under prior versions of this ordinance.
developmentrestricted A Minor Modification request may be used to amend the standards of a is required. 60.500.070CSection or a Variance pursuant to Section 60.500.070B Major Modification
pursuant toNo request for a Minor Modification may include any type or level of relief for which a .Section 60.500.070A thisunder this UDC except an application for another form of
flexibility or relief pursuant to The ability to request a Minor Modification is available to all applications for an approval .properties act on surroundingmaterial negative imphave
a will not approved modification the and adjustment is due to unusual site conditionse need for the where UDC standards of this , and certain other numericdimensional modifications
ofure is intended to allow relatively small proced Minor ModificationThe Section 60.500.070 .Building Codeof Ordinances, Chapter 4.1 CodeRochester See applications to erect or modify
a sign through the Building Permit process yThe City reviews an Section 60.500.060Gapproval as a Minor Land Subdivision Permit, as described in review and shall be subject to ,after
January 1, 1992as a Type I Land SubdivisionReadjustment (formerly known ot LineL aivided or modified through was subd thatparcel subdivision of any lot or -The re Readjustment application
or decision. ot Lineprevious LNo lot or parcel included in the application has been the subject of or included in a .of the resulting lotsto any servicess or adequate utility required
to provide accesshall be of way -or rightsstreet easements general utility easements, drainage easements, access easements or No additional 362 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Sign PermitSection 60.500.060K Flexibility and Relief Section 60.500.070
541 indicates public hearing BOARD OF APPEALSZONING TO APPEAL RELATED APPLICATIONINCLUDED IN DECISION ON DIRECTOR DECISION COMMUNITY DEVELOPMENT those Minor Modifications listed
in this Section., and the Community Development Director may approve only Section 60.500.070A.4 in thisbe submitted only for the types of adjustments listed may A request for a Minor
Modification decision on that permit, approval, or authorization has been made pursuant to this UDC. the Minor Modification after a final permit, approval, or authorization that includes
as grounds for appealing the decision on the Section 60.500.070Alist a violation of this individual or organization authorized to file an appeal of the Director’s decision may not
be appealed separately from the decision on the application to which it is attached The Community Development Director’s decision on a requested Minor Modification may decision separately.as
a whole, and shall not reconsider the Minor Modification made on the application as part of the application, and the decision of the appointed body or City Council shall be , the decision
of the Community Development Director shall be incorporated ProceduresSummary Table of Review 1-500.01Table an appointed body or City Council pursuant to When the application that contains
a request for Minor Modification is to be decided by .Section 60.500.070A for a Minor Modification meets the criteria in thispplication The Community Development Director shall make
a decision as to whether an a include citation of the standard(s) of this UDC from which modification is sought.consideration in conjunction with the primary application type. The
written request shall ng, for submitted in writiUDC. The request(s) shall be permits or approvals under this the application for other types of Modification shall be included in Instead,
a request for a Minor procedure under this UDC. Modification is not a separate request for a Minor Review of a .Section 60.500.070BModification pursuant to Modification, the Director
may require that the applicant instead apply for a Major 363 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Minor ModificationSection 60.500.070A Flexibility
and Relief Section 60.500.070
542 . Section 60.400.060FCompliance option described in \[1\] Requests for more other variations from landscape requirements may use the Alternative Equivalent Section 60.500.070A.4.b
All requests Section 60.500.070A.4.aSee All requests 60.400.070FSection standard requirements of development of comparable quality to facilitate infill, redevelopment, or the Community
Development Director to necessary by To the extent determined Building design Building Design 2 ft. Sign height Sign area %20 reduction Usable recreation area Bufferyards (minimum
width) %20 \[1\]reduction Landscape area Building length (maximum) t.10 f All other 5 ft. Residential maximum)Building height (minimum Rear setback (for primary or accessory structures)
%20 Minimum sum of side yards %20 Side setback (for primary or accessory structures) mum or maximum)Front setback (mini Lots of 3,000 sq. ft. or smaller Lots larger than 3,000 sq.
ft. Lot width (minimum) Lots of 3,000 sq. ft. or smaller Lots larger than 3,000 sq. ft. Lot area (minimum) 364 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Minor ModificationSection 60.500.070A Flexibility and Relief Section 60.500.070
543 nce with the district where the property is located, unless required for compliaapplicable to any use in the zoning Section 60.300.020Specific Standards in -A change in Permitted
or Conditional Uses, or the allowed mix of uses, or the Use :Does not result in development of the property by the Planning Commission or the City Council; andDoes not violate any
conditions of approval that may have previously been applied to e mitigated by conditions attached to the approval of the modification; impact will bWill have no material adverse
impact on any abutting lots, or any material adverse ; generally consistent with the Comprehensive Planor is building that is not common to other lots, uses, or buildings in the
surrounding arearoposed use or Addresses an unusual site constraint or unusual requirement of the p Community Development Director finds that the modification: A requested Minor Modification
may be approved or approved with conditions if the that zoning district. unless the UDC permits secular assembly under similar terms inzoning district where this UDC prohibits such
use or accessory use, structure, or activity allows a religious assembly use, or any uses, structures, or activities accessory to it, in a ion that circumstance shall the Community
Development Director approve a modificatReligious Land Use and Institutionalized Persons Act of 2000, as amended. In no eliminate substantial burdens on religious exercise as guaranteed
by the Federal fications in order to The Community Development Director may grant minor modi accommodations, and the authority for any reasonable accommodations approved. licability
of the Fair Housing Act, the need for reasonable of fact as to the appof the Community Development Director shall be accompanied by written findings of the Federal Fair Housing Act
with fewer impacts on adjacent areas. The decision es that a different form of accommodation would satisfy the requirements concludif the Director accommodation different from that
requested by the applicantThe Community Development Director may approve a type of reasonable street parking requirement by no more than one space. -Reduce any off by no more than
ten percent; or requirementModify any facility spacing, building setback, height, lot coverage, or landscaping accommodations without the need for a Major Modification or a Variance:
is authorized to take any of the following actions in order to provide reasonable ector e made for such housing, the Community Development Dirs baccommodationortions of the Federal
Fair Housing Act that require that reasonable and the pIn response to a written application identifying the type of housing being provided 365 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Minor ModificationSection 60.500.070A Flexibility and Relief Section 60.500.070
544 law.Shoreland District Overlay, or any requirement of state or federal -60.200.040F SDOFloodplain Overlay, or Section -Preservation Overlay, Section 60.200.040E. FPOHeritage
-A change to any standard or criteria in Section 60.200.040C HPO described in this UDC. or through any other procedure Section 60.400.120incentive as described in A change to a development
standard that has already been modified through an facilities;ublic infrastructure or Requirements for public roadways, utilities, or other p A deviation from adopted engineering
standards; A deviation from building or fire codes; Institutionalized Persons Act;federal Fair Housing Amendments Act or the Religious Land Use and 366 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Minor ModificationSection 60.500.070A Flexibility and Relief Section 60.500.070
545 involving more than three contiguous lots.vision plat or phase of development lot development, or for part or all of a subdi-a multirepeated requests for Major Modifications may
not be used to modify UDC standards for to three contiguous lots under common or related ownership. Individual or related or single platted lot, or for up A request for a Major Modification
may only be submitted for a combined requests shall be treated as a request for a Major Modification.reviewed as Minor Modifications if they were requested separately, but in that
case the d requests that could have been or a Major Modification may include relatefA request nonconforming use, or to expand an existing development approved under prior versions
of this ordinancerestricted A Major Modification request may be used to amend the standards of a is required. 60.500.070CSectio Community Development Director determines that a Variance
pursuant toNo request for a Major Modification may include any type or level of relief for which the .Section 60.500.070his tunder this UDC except an application for another form
of flexibility or relief pursuant to The ability to request a Major Modification is available to all applications for an approval fficulties required for a Variance under Minnesota
law. practical diUDC standards (other than permitted or conditional uses), without requiring the level of Major Modifications are intended to provide greater flexibility to adjust Section
60.500.070A or Modification as described inthe extent of variation allowed by a Min different in kind than,, or UDC that are greater thanstandards of this , and certain other numericdimensionaladjus
tments or deviations from for Modification procedure is intended to allow Major The 367 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Major Modification:
Section 60.500.070B Flexibility and Relief Section 60.500.070
546 indicates public hearing APPLICATIONDECISION ON RELATED DECISION INCLUDED IN PLANNING COMMISSION RELATED APPLICATIONINCLUDED IN DECISION ON DIRECTOR RECOMMENDATION COMMUNITY DEVELOPMENT
CITY COUNCILAPPEAL TO not be appealed separately from the decision on the application to which it is attached.The Community Development Director’s decision on a requested Major Modification
may .reconsider the Major Modification decision separatelythe decision of City Council shall be made on the application as a whole, and shall not decision of the Planning Commission
shall be incorporated as part of the application, and , the f Review ProceduresSummary Table o1-500.01Table City Council pursuant to When the application that contains a request for
Major Modification is to be decided by below. 0the approval criteria described in t comply with Major Modification requests thashall approve all The Planning Commission .Common
Procedures 60.500.030Section , and shall comply with other requirements of Written Notice 60.500.030C.1.bSection Requests for a Major Modification shall require notice pursuant to
by the Planning Commission. hall cause that application to be elevated for review and approval s ,Review ProceduresSummary Table of 1-500.01Table level approval, as described in-taffSthat
receives associated with an application type odification request Major M modification is sought.standard(s) of this UDC from which request shall include citation of thapplication type.
The written conjunction with the primary writing, for consideration in request(s) shall be submitted in approvals under this UDC. The for other types of permits or shall be included
in the application a request for a Major Modificationprocedure under this UDC. Instead, Modification is not a separate Review of a request for a Major 368 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief Section 60.500.070
547. Section 60.400.060FCompliance option described in nts may use the Alternative Equivalent \[1\] Requests for more other variations from landscape requireme 5 ft. Sign height Sign
area %35 reduction Usable recreation area Bufferyards (minimum width) %35 \[1\] reduction Landscape area Section 60.400.020F.standard requirements of comparable quality todevelopment
of redevelopment, or Director to facilitate infill, Community Development necessary by the To the extent determined Neighborhood Protection Standards Building length (maximum) 15
ft. All other 10 ft. Residential Building height (minimum maximum) Rear setback (for primary or accessory structures) Minimum sum of side yards Side setback (for primary or accessory
structures) ont setback (minimum or maximum)Fr Lots of 3,000 sq. ft. or smaller Lots larger than 3,000 sq. ft. Lot width (minimum) Lots of 3,000 sq. ft. or smaller Lots larger
than 3,000 sq. ft. Lot area (minimum)may approve only those Major Modifications listed in mmissionoPlanning C, and the 0 in thisted be submitted only for the types of adjustments lismay
A request for a Major Modification 369 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief
Section 60.500.070
548 Section , or Floodplain Overlay –FPO Section 60.200.040EPreservation OverlayHeritage –HPO Section 60.200.040CA change to any standard or criteria in this UDC; orprocedure described
in or through any other Section 60.400.120through an incentive as described in A further change to a development standard that has already been modified facilities; public infrastructure
or Requirements for public roadways, utilities, or other A deviation from adopted engineering standards; A deviation from building or fire codes; district where the property is
located.applicable to any use in the zoning Section 60.300.020Specific Standards in -A change in Permitted or Conditional Uses, or the allowed mix of uses, or the Use Does not result
in: and applicant’s site;congestion on any local street in any Residential zone district within 200 feet of the or traffic street parking -will not result in a material increase in
on modificationThe ; orrequired without the adjustmentproperties and ground and roof mounted equipment than would have been will result in equal or better screening and buffering
of adjacent ation modificThe ; orwould have been required without the adjustmentmodal connectivity equal or better than -neighborhood layout and level of multifor an adjustment for
a residential subdivision, the adjustment will result in a onnected neighborhood layout or, will provide options for a more c modificationThe criteria:Meets at least one of the following
property by the Planning Commission or the City Council; andDoes not violate any conditions of approval previously applied to development of the odification; impact will be mitigated
by conditions attached to the approval of the mWill have no material adverse impact on any abutting lots, or any material adverse ;generally consistent with the Comprehensive Planor
is , uses, or buildings in the surrounding areabuilding that is not common to other lotsAddresses an unusual site constraint or unusual requirement of the proposed use or Commission
finds that the modification: A requested Major Modification may be approved or approved with conditions if the Planning Incentives.Section 60.400.120and Maximum Parking Adjustments,
Section 60.400.080G Minimum Parking Adjustments, Section 60.400.080Fdescribed in are allowed through Major Modification Potential modification of standards not this Section. 370
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Major Modification: Section 60.500.070B Flexibility and Relief Section 60.500.070
549 proposed use. ry to indicate the nature and effect of the such supporting information as is necessahearing no less than ten days prior to a hearing. Such notice shall be accompanied
by the Commissioner of Natural Resources of the time, place, and subject matter of the Community Development Director shall notify Floodplain Overlay the –60.200.040E FPO Upon filing
of an application for a variance to standards or criteria in Section :notificationshall maintain a record of each such Directorrance up to amounts as high as $25 for $100 of insurance
coverage, and the flood insustructure below the flood protection elevation will result in increased premium rates for increases risks to life and property, and that the issuance of
a Variance to construct a construction below the flood protection elevation thatin writing notify the applicant, the Community Development Director shall Floodplain Overlay –FPO
60.200.040ESection standards or criteria inUpon filing of an application for a variance to below.based on the criteria in Subsection 4 of any standard or criteria for a Variance
approve, approve with conditions, or deny an application time limits stated in this UDC, , within the he Zoning Board of Appeals shallt ,Floodplain Overlay –FPO 60.200.040ESection
involve the standards or criteria in Variance application that does not For any Any approved Variance is only valid for the proposal outlined in the Variance application. .A.070CSection
60.500 unless modified or supplemented by thisdesignated authoritydecisions that require a public hearing before a applicable to Common Procedures Section 60.500.030 shall comply with
all requirements ofa Variance Applications for Variance or other form of relief that the Director determines is applicable.not be appealed separately from an appeal of the decision
on the Variance process may The Community Development Director’s determination as to the applicability of the afford relief.The Variance shall be the minimum necessary to standards
and criteria in this UDC. aimed by the applicant by the strict application of the practical difficulties that would be clany other form of flexibility and/or relief authorized in this
UDC is sufficient to mitigate Director has determined that neither a Minor Modification nor a Major Modification, nor riance if the Community Development The City shall accept an application
for a Va .as required in Chapter 462.357 (sub. 6) of the Laws of Minnesotaprovisions of this Code, that would otherwise be created by the strict adherence to the practical difficultiesavoid
in order to be modified through the Minor Modification or Major Modification procedures,that cannot in this UDC standards and criteriaopportunity to vary conditions to request the
allow property owners with unusual lot or site intended toVariance procedure is The federal law.irement of state or , or any requShoreland District Overlay –SDO 60.200.040F 371
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota VarianceSection 60.500.070C Flexibility and Relief Section 60.500.070
550 indicates public hearing CITY COUNCILAPPEAL TO DECISIONZONING BOARD OF APPEALS RECOMMENDATIONDIRECTOR REVIEW & COMMUNITY DEVELOPMENT , Subd. 14.t. 216C.06with Minnesota StaIf the
requested Variance is for earth sheltered construction, the application complies .zoning districtproperty that do not apply to other lands within the neighborhood or the same class
of peculiar to the , that areolar energy systemsor inadequate access to direct sunlight for sexceptional topographical or physical conditions ,narrowness, or shallowness of the lotirregularity,
difficulties that are unique to the property include but are not limited to. Examples of practical andownerconsiderations, and have not been created by the lunique to the property,
are not solely economic arepractical difficulties The .complying with this UDCachieving that proposed use while practical difficulties in but there are rty in a reasonable manner
propeThe applicant proposes to use the .this UDC and intent ofthe general purposes harmony withand in Comprehensive Planconsistent with the is Variance The been met:criteria have
the following findings that makes Appeals the Zoning Board of itions if approved or approved with condAn application for a Variance shall be and safeguards shall be a violation of
this UDC.purchaser, heir, or assign of the property, and any violation of a variance or its conditions nt which the Variance was granted are binding upon the applicant and any subsequeA
Variance and any conditions and safeguards that are made a part of the terms under Variance may only be appealed to District Court.approve, approve with conditions, or deny a A decision
by the Zoning Board of Appeals to days of such action. Commissioner of Natural Resources within Minnesota Submit a copy of the decision and its justification for issuance to the
; andManagement Agencywhen requested by the Federal Emergency National Flood Insurance Program,ariances issued in the annual report to the Administrator of the Vand report such ariance
action, including the justification for its issuance, VMaintain a record of the shall:the Community Development Director ,Floodplain Overlay –FPO Section 60.200.040Ein the standards
or criteria of arianceVof a or approval with conditions Following approval 372 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota VarianceSection 60.500.070C
Flexibility and Relief Section 60.500.070
551 regulations that are to be modified and to reduce or minimize potentially injurious effects uards as may be necessary to accomplish the purposes of the conditions and safegIn granting
a Variance, the Board may impose such reasonable and appropriate accurately review the permit or certificate request.knowingly withhold information necessary for the administrative
official to incorrect information, or to had control of the property, to provide misleading orthe part of the applicant, the property owner, or any other person or party who has The
mistaken issuance of the certificate or permit is not the result of an action on nforcement of this ordinance, andcharged with ewho has received a permit or certificate issued in
error by the administrative official There has been substantial and detrimental reliance in good faith by an applicant if it finds that: to the standards in this UDCard may grant
a Variance The Bo afford relief.the minimum necessary, considering the flood hazard, to shall beVariance The and the intent of the state and national laws and programs. The variance
is consistent with the general purpose of the flood control standards cumstances. not feasible under the cirand strict conformity with the standards would be unreasonable, impractical,
and to the applicant, undue hardship ariance would result in Vailure to grant the The f with existing local laws or ordinances.f the public, or conflict expense, create nuisances,
cause fraud on or victimization oresult in additional threats to public safety, extraordinary public shallVariance No law. StateElevation for the area, or permit standards lower
than those required by gulatory Flood Protection permit a lower degree of flood protection than the ReNo Variance shall have the effect of allowing in any use prohibited in that district,
designated regulatory floodway may be approved. anyin increase in flood levels during the base flood discharge ould that w eVariancNo , the following additional criteria shall apply:Floodplain
Overlay –FPO 60.200.040ESection For any Variance application that involve the standards or criteria in nt).Neighborhood Retail establishmeincluded in the definition of a use (such
as the maximum number of square feet in a The Variance does not involve a change to or exception from a numerical standard that is otherwise not permitted within the zoning district:use
The Variance will not allow a reasonable economic use of the total site consistent with the provisions of this UDC.ownership that would allow or related adjacent lots or parcels under
the same rcel in question cannot be integrated with development of The development of the pa .public health of welfarematerially injurious to other property in the area, and will not
be materially detrimental to ariance will not alter the essential character of the surrounding area, will not be VThe 373 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota VarianceSection 60.500.070C Flexibility and Relief Section 60.500.070
552 The or another provision of this UDC requires the termination of the use.discontinued e use, until that use is regardless of any change in ownership or occupancy of thnonconforming
use of land or a structure shall be allowed to continue legally established or elsewhere in this UDC, the Section 60.500.080less specified otherwise in this by Minnesota state
law. requiredchanges to applicable setbacks , including but not limited to those subject to any limitations imposed by Minnesota state law ,Approval fConditions o Section 60.500.030E.6improvement
of a nonconformity pursuant to or easonable conditions on the expansion, reconstruction, replacement, The City may attach r built.” -improvements “as and the applicant may be required
to submit to the City corrected documentation of the property If such permits and approvals are obtained, required for the initial development of the property.would have been thatapprovals
and is UDC by securing all permits into compliance with thmay bring it that was not legally established owner of a property containing a nonconformity The , that periodduring ing,
and/or operation of the nonconforming aspect of the property occurroccupancyindicative of active use, , evidence of listings for sale or lease, or other factorsreceiptsutility bills,
sales or other tax considerhe City may whether discontinuance has occurred, tdetermining In discontinued for a period of a year or more property or its use or occupancy isnonconforming
aspect of the or unless the use is stated in another Section of this UDCn additional limit on the continuation or expansion of the a regulations of this section, unlessexpand based
on the may be allowed to allowed to continue and be willNonconformities or expand. circumstances and conditions under which such nonconformities shall be permitted to continue created.
These regulations specify the -circumstances that were not self nonconforming due to, or have otherwise been rendered samendmentlater as of its effective date or due to this UDCfeatures,
and signs that were legally established but that do not conform to the requirements of , lots, site sland uses, buildings, structureis to regulate Section 60.500.080The purpose of
this Section 60.500.080 are directly related to and roughly proportional to the impact of the Variance., provided that any such conditions general welfare of the community health,
safety, oradjoining properties, the character of the neighborhood, and the of the Variance upon 374 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Purpose:
Section 60.500.080A onformitiesNonc Section 60.500.080
553 60.500.060BSection Development Plan for the revised site and parking is approved pursuant to Site and a ricttszoning esidential Rlocated in a nconforming use is residential no-a
nonal or expanded parking for additionnonconforming use, provided that no such caused by the street parking or loading pressures -to relieve on street parking facilities-structural
offnon nsion ofto or expa itionaddThe Community Development Director may approve the hours of operation. Any change in of the site and structures; and visual appearance Any change
in the ;and parking ,orage, loadingamount and nature of outside st tAny change in ;trips to the site motor vehiclenumbers and kinds of estimated change inAny at the property line;
or smoke detectable glare,Any estimated change in noise, vibration, dust, odor, fumes, :hall be based onsurrounding properties s determination of possible adverse impacts on’s Community
Development DirectorThe nonconforming use.that result from the new properties surroundinglesser intensity, and that there are no additional negative impacts to of equal or another
nonconforming use, provided the new nonconforming use is changed to be changed to a conforming use, or to nonconforming use of land or structure permit aertificate to Coning Zapprove
a has the authority toThe Community Development Director .conforming structuresof repairmaintenance and requirements for permits and approvals applicable to subject to the same
or alteredrestored, improved, nonconforming use is located may be maintained, repaired, e structure in which a ,Nonconforming Structure Section 60.500.080Fby Unless limited .UDC
approved under thisguide the development of the site unless a revised plan is submitted and used todevelopment has not been constructed, the approved plans remain in effect and may
be Conditional Use or Planned Unit Development has been approved for a site but the . Where a UDCshall be made in accordance with the standards and procedures of this design, or interpretations
necessary to clarify detail not addressed in the approved plan, site use or occupation of such land. Changes or modifications to the use, occupancyvenants and conditions shall remain
in effect and shall continue to control the terms, cobe permitted to continue as a lawful use or occupancy. The approved site plan and all se or as a Planned Unit Development shall
Uonditional Cas a Effective Dateprior to the use or occupation of land approved ny a ,ag the generality of Subsection out limitinWith below.ubsection Sexcept as specified in legally
establisheduse may not be enlarged or expanded to occupy a larger area than 375 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota forming UseNonconSection
60.500.080E Nonconformities Section 60.500.080
554 y, or other factors.testimonsales tax, business tax, business licenses, property appearance factors, third party shall be on the applicant to show that it has not been discontinued
through the use of ector determines that a nonconforming use has been discontinued, the burden If the Dir nonconformities.of the nonconforming use without the correction of existing
building or property establishment -the Planning Commission makes such a decision, it can also permit the rerties, based on the factors listed in Subsection 3 above. If impacts to surrounding
propepublic hearing based on a determination that there will not be additional negative establishment of the use after a -above or the Planning Commission approves the rent Director
approves a substitute use pursuant to Subsection 3 Community Developmethe within less than one year of the discontinuance, all provisions of this UDC, unless legal nonconforming status,
and any subsequent land use or occupancy shall conform to designed as a civic or institutional structure) shall lose its located in a building originally that is discontinued for a
period of one year (or three years if the nonconforming use is For all properties other than those listed in Subsection b below, any nonconforming use use.ing a nonconformbe considered
an expansion of making that use nonconforming, shall not been granted, after adoption of an ordinance The continued excavation of a site for which all required permits and approvals
have .Section 60.500.070BModification, as described in building or adding a secondary structure will be reviewed as a request for a Major Any proposed expansion of a nonconforming
use that requires enlarging an existing .percent than 15rming use may not be expanded by more outdoor uses) occupied by a nonconfoIn all other districts the gross floor area (for
indoor uses) or the gross site area (for percent than panded by more nonconforming use may not be exoutdoor uses) occupied by a ndoor uses) or the gross site area (for the gross floor
area (for iT district -In the MX Subsection 3 above.impacts to surrounding properties, based on the factors listed in adverseThe Community Development Director determines that there
will not be additional landscaping, are met; anding and All other applicable standards including but not limited to required park addition of a secondary structure;nonconformity
or include the degree of The expansion does not increase the within an existing conforming or nonconforming structure, provided that:use approve the expansion of a nonconforming
willThe Community Development Director 376 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Nonconforming UseSection 60.500.080E Nonconformities Section
60.500.080
555 no maintenance, repair, or alteration may increase the extent of the nonconformity. ut B .enance and repair of conforming structurespermits and approvals applicable to maintsubject
to the same requirements for maintained, repaired, restored, improved, or altered may be containing a confirming or allowed nonconforming use nonconforming structure A the structure.
occupancy of the structure, until another provision of this Section requires the termination of the of any change in ownership or occupancy of ,regardless Nonconforming Use 60.500.080ESection
pursuant to or land without a primary structure continue as a nonconforming use or that is allowed to is permitted in the zoning district where the structure is located, nforming structure
shall be allowed to continue to be occupied for any use that noncoexisting legally Unless specified otherwise in this Section 60.500.080 or elsewhere in this UDC, a year, the use
of the property must thereafter comply with the provision of this UDC. more than oneed foand the use is discontinu ,Floodplain Overlay –FPO 60.200.040ESection Where a nonconforming
use is created by the standards or criteria in .in federal rules and regulationsse specified nless otherwi, unot increase the degree of obstruction to the flood flow mayincrease the
flood damage potential of the use or structure and, if located in a floodway, maynonconforming use the or reconstruction ,modification, expansionrequest for and the use is located
in a conforming structureFloodplain Overlay –FPO 60.200.040ESection the standards or criteria in created by is Where a nonconforming use have been eliminated. a height that is taller
than it was before the damaging event occurred unless all nonconformities may not have a ground floor footprint or a total gross floor area that is larger, or use The repaired within
six months of when the property was damaged. structuresrequired permits or approvals necessary to continue the use or to reconstructed accessory any value, as indicated in the records
of the Olmsted County Assessor, the owner must apply for market has been damaged to the extent of greater than 50 percent of its estimated useIf the limitations: condition it occupied
prior to the disaster or other damaging event, subject to the following to the same acedl, or represtored ,tural cause may be repaireddamaged by fire or other nahas been structure
that has not been damaged as described in this Section, but thatuse that does not have a primary structure, or that occupies a conforming A nonconforming 377 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Nonconforming StructureSection 60.500.080F Nonconformities Section 60.500.080
556 . below.provisions 3. and 4restricted in State Building Code, except as further4 floodproofing classifications) allowable in the -1 thru FP-floodproofing techniques (i.e., FPregulatory
flood protection elevation in accordance with any of the elevation on fill or e or use must be protected to the increasing the flood damage potential of that structurwould result in
that Any structural alteration or addition to a nonconforming structure within the Floodway District is prohibited.structures nonconforming s nonconformity. Expansion or enlargement
of that increases itA nonconforming structure must not be expanded, changed, enlarged, or altered in a way subject to the following additional standards.continue, may ,Floodplain
Overlay –FPO ion 60.200.040ESectstandards or criteria in the A lawful nonconforming structure by applicable terms of this UDC. the lot. Any proposed new structure shall be required
to comply with all structure on nonconforming status for the structure is terminated, and may not be carried over to any new When a nonconforming structure has been eliminated or removed
from a lot, legal ities have been eliminated. all nonconform unless the damaging event occurredbefore than it was that is larger, or a height that is tallertotal gross floor area
or a footprint may not have a ground floorThe repaired structure damaged.months of when the property was sixmit within building perowner must apply for a the as indicated in the
records of the Olmsted County Assessor, market value, estimated the extent of greater than 50 percent of its If the structure has been damaged to subject to the following limitations:
,eventging occupied prior to the disaster or other damarepaired or restored to the same condition it A nonconforming structure that has been damaged by fire or other natural cause
may be xtent of the nonconformity of the structure. provided that the relocation lessens the eA nonconforming structure may be moved in whole or in part to another location on the
lot, nonconformity.ot increase any other existing nonconformity or create any other new provided it does npercent without complying with the otherwise applicable minimum height standard,
may be expanded in size up to 50 T district -A nonconforming structure located in the MX nonconformity.increase an existing nonconformity or create a new A nonconforming structure
may be expanded in size, provided that the expansion will no 378 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota District Regulationsructure Created
by Flood Nonconforming St: Section 60.500.080G Nonconformities Section 60.500.080
557 ermitted in the zoning districthe use is pT that lots, provided area and width standards of the underlying zoning district may be allowed as buildable do not meet the minimum lot
and that OverlayDistrict Shoreland –SDO located in the are that February 22, 1995, the County Recorder on Lots of record in the office of OverlayDistrict Shoreland –SDO Construction
on Nonconforming Lots within located.standards for the zoning district in which the property is f the applicable UDCall o meets ing lot may be enlarged or expanded provided itA conforming
structure on a nonconform .which the lot is located, provided that all other requirements of this UDC are metA nonconforming lot of record may be used for any land use permitted in
the zoning district in iteria in this UDC.and crflood protection standards the manner in which the nonconforming structure differs from the shall specifically state required built
documentation-the ,extended or substantially alteredis Floodplain District Overlay –FPO located in the structure Where a nonconforming for new structures. UDCstructure and any additions
must meet the requirements of this to a nonconforming structure requires that the existing Any substantial improvement .UDCexcept in conformity with the provisions of this structed
it must not be recon If any nonconforming structure experiences a repetitive loss, Floodway, Flood Fringe or Flood Prone Districts, respectively.uses or new structures will apply depending
upon whether the use or structure is in the s for establishing new . The applicable provisionUDCconformity with the provisions of this , it may not be reconstructed except in l damageis
substantia ing structureIf any nonconform .UDCconform to the floodplain provisions of this thereafter must the use of the structure rynonconforming structure is discontinued for more
than one active use or occupancy of aIf of obstruction to the flood flow.Repair of a nonconforming structure, if located in the floodway, shall not increase the degree damage potential
of the structure. the Olmsted County Assessor, shall not increase the flooddoes not exceed 50 percent of its current market value as determined from the records of or repair to a nonconforming
structure, when the value of such work addition,The alteration, t market value.the currenor major repairs since the date the structure became nonconforming exceed 50 percent of
alterations,requirement shall also apply at such time the cumulative effect of all additions, made to conform to all applicable floodplain regulations. This the entire structure shall
be of its current market value as determined from the records of the Olmsted County Assessor, Whenever any alteration, addition or repair to a nonconforming structure exceeds 50 percent
379 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Nonconforming LotSection 60.500.08 Nonconformities Section 60.500.080
558 remainder of the existing parcel meets the lot size and sewage treatment requirements rated from an existing parcel as long as the A portion of a conforming lot may be sepa designed
actions.-water supply capabilities, and other conservationincreasing setback, restoration of wetlands, vegetative buffers, sewage treatment and storm water runoff management, reducing
impervious surfaces, when appropriate, shall require the property owner to address, making body-decisionrequests, the Permit se Uonditional Cermit applications, or Puilding Boning
and Zariances, VIn evaluating all hapter 7080, or connected to a public sewer.CRules, innesota and M Minnesota Statutes 115.55system consistent with the requirements of common ownership
and the lots are suitable for, or served by, a sewage treatment each lot contained a habitable residential dwelling at the time the lots came under individually if areas under a common
ownership must be able to be sold or purchasedcontiguous nonconforming lots of record in shoreland Subsection c,Notwithstanding .to the maximum extent practicableconforming lots
one or more contiguous lots so they equal one or more must be combined with the Subsection crequirements of Subsection c above that does not meet the A lot subject to evelopment
of the lot must be consistent with an adopted comprehensive plan.D ous surface coverage must not exceed 25 percent of each lot; andmperviI ;applicable City sewer treatment standardshapter
7080, and CRules, the installation of a Type 1 sewage treatment system consistent with Minnesota e lot must be connected to a public sewer, if available, or must be suitable for hT
hapter 6120;Cles, width and lot size for the shoreland classification consistent with Minnesota Rudimensional standard for lot the minimum he lot must be at least 66 percent of T
development if it meets the following requirements:e parcel of land for the purpose of sale or individual lot must be considered as a separatIn a group of two or more contiguous lots
of record under a common ownership, an facilities cannot be provided.water supply capabilities or constraints of the lot and shall deny the variance if adequate t and djustment shall
consider sewage treatmenA oard ofBariance, the VIn evaluating the obtained before any use, sewage treatment system, or building permit is issued for a lot. must be Section 60.500.070C
pursuant tock requirements ariance from setbaV The impervious surface coverage does not exceed 25 percent of the lot. can be installed or the lot is connected to a public sewer; and7080
A Type 1 sewage treatment system consistent with Minnesota Rules, Chapter e met; distances ar system setback All structure and septic with official controls in effect at the timein
compliance was created The lot became substandardhe lot has been in separate ownership from abutting lands at all times since it T 380 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Nonconforming LotSection 60.500.080H Nonconformities Section 60.500.080
559 than 50 percent or more of the total moreking of would require an increase in parAny request to increase the gross floor area of the primary structure on the site that only for
the new portion of the development. provide additional parking be required to shall ,Maximum Vehicle Parking Requiredimum and Min1-400.08Table , as described inparking spaces normally
requiredwould require an increase in parking of less than 50 percent of the total number of st to increase the gross floor area of the primary structure on the site that Any reque
as follows: UDCbe brought into or closer to compliance with this shallnonconforming site features are made, Section 60.500.080G, or Section 60.500.080FSection 60.500.080Estructures
pursuant to ermitted changes to or expansions of nonconforming uses or nonconforming pWhen .anges to conforming site featuresapprovals applicable to chis permitted subject to the
same permits and risks in the area ythat would reduce securlighting and temporary buildings such ures, and the addition of security featparking arease permanent all weather surfacing
of yards or screening, landscaping, drainage controls, thof nuisance abatement measures such as fences, additionhe t, but degree of nonconformitythat would increase the all not be
expanded in any wayhNonconforming site features s regulations of this UDC.nonconforming site feature, and its replacement with features that conform to the .3, 4, and 5 may require
termination of the GSections 60.500.080.the property described in changes to However, maintained, repaired, or altered. nonconforming site feature may be Upon issuance of a zoning certificate
by the Community Development Director, a remediation of the nonconforming site feature. of this Section requires theof the structure, until another provision regardless of any change
in ownership or occupancybe occupied for any use that is permitted in the zoning district where the structure is located, shall be allowed to continue to site feature nonconforminglegally
established with a parcellot or s UDC, aUnless specified otherwise in this Section 60.500.080 or elsewhere in thi .Lightingterior Section 60.400.100or Stacking, Loading, and Parking
Section 60.400.080 ;Site and Building Design Section 60.400.070 ;, and FencesBufferyardsLandscaping, Section 60.400.060comply with the standards of include any failure to snconforming
site feature, noSection 60.500.080IFor purposes of this .adjacent parcelof the zoning district for a new lot and the newly created parcel is combined with an 381 raftAdoption D
–June 2022 Unified Development Code Rochester, Minnesota Nonconforming Site Feature: Section 60.500.080I Nonconformities Section 60.500.080
560 Expired sign credits shall not be restored. issuance. Removal of sign area generates a sign credit, valid for two years from date of a new billboard. towards the area permitted
on ed from one face of the sign shall countarea removIn the case of a billboard with two faces, only the area from an existing billboard. Erection of a new billboard requires the removal
of an equivalent amount of sign Credit program. board shall only be erected in compliance with the City’s Sign new nonconforming bill A location where it would remain nonconforming.may
be moved in whole or in part to any other or sign No nonconforming billboard is permitted. or sign nonconforming billboardand minor repair of a maintenanceThe .Section 60.500.080Jcompliance
with this presumed to be abandoned and shall not thereafter be reestablished except in full y intent to resume or not to abandon such use, that sign shall be regardless of anWhen the
use of any nonconforming sign has been discontinued for a period of one year, immediately upon notice to the sign owner.illegal and must be removed areand signs authorized to continue.
Such billboards not are legally established were not that annexed areas in or signsbillboards Any conforming signnonlegal to continue, and shall be treated as a be permittedshall
of Land nnexationAat the time of had been legally established that in an annexed area or sign billboardAny .Section 60.500.080J , subject to the regulations of thiscontinuemay
are nonconforming signs and and other signs illboardsLegally constructed b to conforming uses and structures.expansions compliance with this UDC to the same degree required for
similar changes orbe brought into or closer to shallother than parking Nonconforming site features UDC. nging the site into conformity with the provisions of this required parking,
thus brishall be required to provide all ,Minimum and Maximum Vehicle Parking Required1-400.08Table number of parking spaces normally required, as described in 382 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Nonconforming Signs: Section 60.500.080J Nonconformities Section 60.500.080
561 first seeks to have a violation brought into compliance. Development DirectorCommunity served best if the ection will normally be SIt is the policy of the City that this standards
of this UDC.tenants, lessors, sublessors, occupants, operators, or others, comply with all applicable ensure that all persons using the property, whether Each property owner is responsible
to Section 60.500.090 notice from the City to do so.written within 90 days after shall be removedand ,established-may not be reabandoned billboard the Zoning Board of Adjustment,
an UDC. Following a determination of abandonment by the Director or the failure of an appeal tosubmitting evidence that the sign is still in use, legal, and conforming to the standards
in this the sign may appeal the finding to the Zoning Board of Appeals by Director, the owner of If a determination of abandonment is made by the Community Development .abandonedWhen
the use of a billboard has been discontinued for one year, it shall be presumed to be Community Development Director. must be removed within 60 days of the date of receipt of removal
notice from the A damaged sign that has not obtained a permit for repair within the specified timeframe Signs Section 60.400.110 brought into compliance with the requirements ofmonths
of when the damage occurs, or the sign shall be required to be removed or 50 percent of the market value of the sign shall obtain a permit for repair within six greater than or pair
equal to Any nonconforming billboard that requires maintenance or re owner will not be entitled to a sign credit. If a nonconforming billboard is removed by a public entity other
than the City, the sign compensation. offered financial between a sign credit and financial compensation, or only be be offered choice The City retains the right to determine whether
the sign owner shall the sign owner shall be entitled to financial compensation or a sign credit, but not both. ed by the City, If a nonconforming billboard is removed as a result
of condemnation initiat .Credits may be transferred between parties .Signs Section 60.400.110including but not limited to UDC, A sign credit may only be used in a location that meets
all standards of this .creditsby the Community Development Director prior to the expiration of the sign review submitted for ard using the sign credit must be A sign permit for the
new billbo 383 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota ResponsibilitySection 60.500.090A Violations, Enforcement, and Penalties Section 60.500.090
562 otherwise it shall be paid by the City.lished, hall be paid by the violator if said violation is estabs the expert’s fee occurredhas violationwhether or not a the services of any
qualified expert to advise in establishing ity to employ Cnecessary for the ty Development Director determines that it isthe CommuniIf assistance.may call upon the Chief of Police
for Community Development DirectorWhere necessary, the or tract of land to be inspected and examined. hereby empowered to cause any building, structure, is The Community Development
Director reasonably expected to be committedshall conduct an investigation to determine whether a violation exists or is DirectorCommunity Development suggests a violation, the
thatUpon receiving any information ected to be committed.suggests that a violation exists or is exp thatof any information Community Development Director shall notify the agencies
of the CityAll officers and .of the violationCommunity Development Director notify the may any person or expected to be committed, is known or suspected to exist UDCWhenever a violation
of this ilure to complete required improvements. .CObstructing or removing any notice required to be posted or otherwise given under this UD located, or conditions on adjacent parcels.developmen
t is regarding the proposed development, the conditions of the land on which the proposed information, or through making inaccurate or misleading statements at a public hearing, through
submittal of inaccurate or misleading Cproval under this UDObtaining a permit or ap .Cbeen approved under this UDany subdivision plat that has not in the Olmsted County land recordsSubmitting
for recording for the county or counties in which the property is located. land recordsCounty Olmstedeen filed with the has been approved and the approved plat has b Cthis UDTransferring
title to any lot, tract, or parcel of land before any subdivision plat required for .Cunder this UD Permit or a Final PlatMinor or Major Land Subdivision and procedures for approval
of a the standards, criteria,Engaging in the division of land for sale or development in any way that does not comply with .CFailure to comply with any condition attached to a permit
or approval by the City under this .Ccy under authority granted by this UDadopted by a City department or agenor any regulation CFailure to comply with any standard, regulation,
of requirement of this UD 3 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Types of Violation: Section 60.500.090C Violations, Enforcement, and Penalties
Section 60.500.090
563 Exercise any other rights available under the law. d. to complete the required public improvements; and/orwere not constructed, in exchange for the subsequent owner's Agreement
improvementsparty, including a subsequent owner of the subdivision or addition for whom the public Assign its right to receive funds pursuant to the surety in whole or in part to any
third through a third party;plete the public improvements by itself or Obtain funds pursuant to the surety and com agreement is declared to be in default;installed regardless of
the extent of completion of the development at the time the Declare the Agreement to be in default and require that all public improvements be ay:public improvements are not installed
pursuant to the terms of the Agreement, the City mIf a Development Agreement has been executed and security has been posted and required initiate a criminal action against a violation.
ining witness when necessary to shall act as a compla Community Development DirectorThe outcome of a proceeding before it concerning the violation. he City Council or court of competent
jurisdiction has stayed enforcement pending the T , orDepartmentCommunity Development filed with the n appeal of the notification of violation has been A action if: The City Attorney
shall not initiate any legal or equitable deemed appropriate.shall initiate any legal or equitable action City Attorney , and the City Attorneyconsult with the shall rector Community
Development Dinot been corrected or brought into compliance, the he time period provided in the notice of violation has elapsed and the alleged violation has t .UDCconsistent with
the orders or this separate misdemeanor violation for any person to continue any development in a manner . It shall be a UDCby such orders, except in a manner consistent with those
orders and this violation has been served, no work shall proceed on any development covered Once the notice of .UDCenforcement of this A defect in the notice of violation with respect
to any such matters shall not prevent the days allowed to correct or remove the violation. enforcement will be sought or up to mmediate have been or are expected to be violated,
and whether i that UDCor of the (s)shall indicate the location and nature of the violation, the provisionof violation The notice involved. ersonal service to the owners of record
for tax purposes of the propertypby regular mail, or by of violation reasonably expected to be committed, promptly give notice or is sa violation exist upon a determination thatshall,
The Community Development Director 385 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Notice of Violation090FSection 60.500. Violations, Enforcement,
and Penalties Section 60.500.090
564 deterrent against future violations.a separate offense. Fines and imprisonment are appropriate as a penalty for violations and a misdemeanor. Each and every day during which such
violation continues shall be deemed to be this UDC is guilty of a Any person, firm, or corporation violating any of the provisions of 386 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Penaltiesection 60.500.090IS Violations, Enforcement, and Penalties Section 60.500.090
565 resulting in the provision of one full space.The requirement for a fractional space shall be rounded up to the next whole number, following way:standards resulting in fractional
requirements shall be treated in the UDCThe application of Section 60.600.020 assistant. City, that act may be performed by that employee’s designated agent or position within the
When the UDC states that an act may be performed by an employee holding a certain as well as a single individual. ”corporation“or ”,company“ ”,trust“ ”,partnership“ ”,organization“
”,association“ ”,firm“includes a ”individual“e word the context clearly indicates to the contrary.are all interchangeable unless ”tract“and ”,premise“ ”,parcel“ ,”property“ ”,land“
sThe word ”.occupied for“and ”,maintained for“ ”,intended for“ ”,designed for“ ”,arranged for“includes the phrases ”for used“The phrase ”.structures“shall include the word ”building“The
word is permissive. ”may“is mandatory, and not discretionary, and the word ”shall“The word .ralThe masculine gender shall include the female and neut include the singular.plural
number All words used in the singular number include the plural, and words in the All words used in the present tense include the future tense. :The following rules of construction
apply the contrary.or the context in which they are used clearly indicates to Uthey are specifically defined in this have their commonly accepted dictionary meaning unless UDCAll
words and terms used in this .UDCthe e zoning map it incorporates, or the application of rules and regulations adopted pursuant to of th, the interpretation UDCclarifying ambiguities
that may arise regarding the meaning of text in the are intended to establish guidelines to follow in Section 60.600.010The provisions of this Section 60.600.010 387 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Purpose: Section 60.600.010A Rules of Construction Section 60.600.010
566 peak period such as the lunch or dinner period in the case of a restaurant.e week, daily work shift, or employee. The largest work shift may be a particular day of themployees employed
at the facility regardless of whether such person is a full time means the maximum number of ”employees on the largest work shift“Reference to street parking.-determining the requirements
of ofacilities, each 20 inches of seating shall be counted as one seat for the purpose of or other similar seating pews,assembly where patrons occupy benches, of publicplaces In
for dressing rooms. mechanical equipment, orof merchandise, for show windows, for restrooms, areas devoted to packaging processing,public purposes, such as storage, the incidental
repair, -include areas used principally for nonor the display of merchandise. It shall not including areas occupied by offices, public areas,business activity or for service to the
public as customers, patrons, clients, or patients, intended to be used by tenants for their primary shall mean the gross floor area used or ”floor area“uses, rvice business and personal
seIn the case of office, merchandising and .requiredstreet parking spaces -in determining the number of off usedshall be The following whole number.nal plant unit shall be rounded
up to the next Calculations resulting in provision of a fractio is met. UDCoccur as long as the spirit and intent of the in establishing final grade lines during construction and shall
permit minor deviations to shall recognize the inherent difficulties Community Development Directormeasurements, the site -When checking actual on No rounding of fractional requirements
shall occur. Calculations resulting in a fractional unit may be rounded up to the next whole number. tructure.s aSetbacks shall be measured from the wall of is met. UDCoccur as
long as the spirit and intent of the difficulty in providing for an exact building location and shall permit minor deviations to shall recognize the inherent ommunity Development DirectorCmeasureme
nts, the site -When checking actual on No rounding of fractional requirements shall occur. 388 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Parking
Space CalculationSection 60.600.020B Rules of Measurement Section 60.600.020
567 property line of the existing use to the boundary line of the proposed use. Where this UDC requires separation between uses, such distance will be measured from the computation.
period falls on a Saturday, Sunday, or legal holiday, that day shall be omitted from the ed period or duration of time. When the last day of a xinclude the last day of the prescribed
or fithe first and , shall be computed so as to exclude measurement is based on “calendar days”unless this UDC specifically states that the UDC, theprocessing of applications under
related to the filing or time periods rposes of calculating required public notice periods or For pu building or fire code requirements.may be accommodated by the use as defined by
thatpersons maximum number ofThe 389 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Computation of Time: Section 60.600.020C Rules of Measurement
Section 60.600.020
Chapter 60.600 568 the properties containing the building, use, or other feature in question were extended across the way, platted alley, trail, or railroad track, if the lot lines for
-of-except for an intervening street, rightering or touching Lots, buildings, uses, or other features regulated by this UDC that would be bord requirements.considering building setbacks,
building envelopes, required parking areas and landscaping typical building anticipated for development on the lot after An area that can accommodate a accessory dwelling unit. detached
travel trailer, camper, or similar vehicle shall not be used as aA recreational vehicle, t provides basic requirements for living, sleeping, cooking, and sanitation. thaparcel, , but
located on the same lot or primary structure A subordinate dwelling unit requirements for living, sleeping, cooking, and sanitation.that provides basic structure primarya created
withinr rdinate dwelling unit added to oA subo or visitors of the lot. customers,operated and maintained for the benefit or convenience of the owners, occupants, employees, building
or use and 2) is primaryconnection with, such incidental to, and customarily found inis 1) clearly thatbuilding, structure or use to which it is related, primarysame ownership)
as the A building, structure or use located or conducted upon the same lot (or on a contiguous lot in the providing joint right of access for more than four lots.A roadway, privately
owned and maintained and established on an easement or common area, or means of approach to provide physical vehicular entrance to a property.A way track are not abutting.way, platted
alley, trail, or railroad -of-greater than a point. Lots that are separated by a street, rightLots, buildings, uses, or other features regulated by this UDC share a common lot line
for a distance To share a common lot line for a distance greater than a point. Section 60.600.030 390 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Definitions
Chapter 60.600 569 or specified anatomical areas.or relating to specified sexual activities entertainment characterized by an emphasis on matter depicting, exposing, describing, discussing,
offers its patrons services or and from patronage either by law or by the operators of such businessminors cludesexis conducted exclusively for the patronage of adults and specifically
thatA business adult body painting studios, and other adult establishments.inesses, adult motion picture arcades, adult modeling studios, adult hotels or motels, novelty busparlors,
adult saunas, adult companionship establishments, adult health clubs, adult cabarets, adult motion picture theaters, adult massage -Adult bookstores, adult motion pictures theaters,
adult mini .”fied anatomical areasspeci“or ”activitiesspecified sexual “talk or discussion between an employee of the characterized by an emphasis on excludes minors by reason of age,
or provides the service of engaging in or listening to conversation, that01 -e of Ordinances Section 105A companionship establishment as defined in Rochester Cod ”anatomical areas.specified
“or ”specified sexual activities“or description of dedication,emphasis on the performance, nt is distinguished or characterized by an 125A) or if such dancing or other live entertainmeminors
by virtue of age (except any business licensed under Rochester Code of Ordinance Chapter provides dancing or other live entertainment, if such establishment excludes thatAn establishment
stock areas, bathrooms, basement or any portion of the business not open to the public).of the floor area of the business (not including storerooms, percent merchandise, or at least
25of the inventory, stock and trade, or publicly displayed percent 5bookstore means at least 2 phrase “substantial or significant portion of such items” as used in the definition of
an adult The .”specified anatomical areas“or ”specified sexual activities“the depiction or description of or characterized by an emphasis on substantial or significant portion of
such items are distinguished generally but only to one or more classes of the public, excluding any minor by reason of age, or if a audiotapes, videotapes or motion picture film, if
such shop is not open to the public slides, records, A business engaging in the barter, rental, or sale of items consisting of printed matter, pictures, ”specified anatomical areas.“nude
in terms of sparent to or on the body of a patron when such body is wholly or partially transparent or nontranprovides the service of applying paint or other substance whether thatAn
establishment or business otherwise stated in this UDC.way, platted alley, trail, or railroad track, until they intersected, unless -of-intervening street, right 391 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 570 are designed for sexual stimulation. thatenitals or devices thatactivity the sale of devices primaryhas as a thatA business .in the establishmentfor observation
by patrons ”specified anatomical areas“or ”specified sexual activities“description of sis on the depiction or of age, or if said material is distinguished or characterized by an emphapresenting
visual media material if said business as a prevailing practice excludes minors by virtue emises within an enclosed building with a capacity of 50 or more persons used for A business
pr specified sexual activities or specified anatomical areas.images so displayed are distinguished or characterized by an emphasis on depicting or describing fewer persons per machine
at any one time, and where the are maintained to show images to five orproducing devices -or other image projectors,mechanically controlled still or motor picture machines, operated
or electronically or -Any place to which the public is permitted or invited wherein coin or slug customers.painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise
depicted by such who engage in specified sexual activities or display specified anatomical area while being observed, cation to such customers and provided with the intent of providing
sexual stimulation or sexual gratifiAn establishment whose major business is the provision, to customers, of figure models who are so therein.for observation by patrons ”ecified anatomical
areassp“or ”specified sexual activities“description of of age, or if said material is distinguished or characterized by an emphasis on the depiction or presenting visual media material
if such business as a prevailing practice excludes minors by virtue ed for A business premises within an enclosed building with a capacity for less than 50 persons us .”specified “or
”specified sexual activities“service is distinguished or characterized by an emphasis on if such restricts minors by reason of age, and provides the services of massage, thathealth
club A massage parlor as required to be licensed by Rochester Code of Ordinances Chapter 115 or a ivities or specified anatomical areas.specified sexual actor relating to ,distinguished
or characterized by an emphasis on matter depicting, describingis thatminors from patronage and wherein material is presented excludesspecifically thathotel A 392 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 571 alcohol by volume. percenthalf of one -ny beverage containing more than oneA depart parking spaces.As used in regulations related to parking, a traveled way in a parking
lot by which cars enter and il.imports from other establishments the products it sells at reta thatshrub and tree services. These enterprises typically produce their own stock, unlike
a garden center ornamental ;lawn and garden servicesshrubs, and plants for later retail or wholesale; raise flowers, and other places used to horticulture and floriculture products,
including nurseries, greenhouses, sales and supply, farm equipment sales and repair, farm produceconducting the sale at retail of engaged in providing services related to or that
are primarilyand related land areas Establishments not including any use meeting the definition of Agricultural Retail., and commercial stable operations, including riding stables,
but or meat processing ,er mills, and small scale farm product processing such as cidresearch or educational services, services, crop services, farm management services, breeding services,
experimental farms for , soil preparation elevatorsd to those engaged in ity including but not limiteagricultural communthe to support This use also includes establishments that provide
.increase increase, or livestockor feeding of livestock for sale, value ,are engaged in the keeping, grazing January 1, 1992 thatuals, or establishments in existence on incidental
sale of produce raised on the premises to individor vines, including forestry, and the ,Establishments engaged in the production of crops, plants d within 350 feet of the boundary
of the property involved in the proposal.locateis thatwill be substantially and directly affected by a proposal and thathas an interest in property individual may qualify as an affected
party upon showing that he owns, controls, leases, or otherwise An e of action for the application involved.entitled to receive a notice of public hearing or a noticunder consideration
if different from the applicant, and any owners of adjacent properties who are , the phrase includes any applicant, the owner or occupant of the property UDCFor purposes of this .”specified
anatomical areas“or ”specified sexual activities“the sauna is distinguished or characterized by an emphasis on steam or hot air as a cleaning, relaxing or reducing agent, if the service
provided by usingreducing, elaxation, or age, or provides a steam bath or heat bathing room used for the purpose of bathing, rexcludes minors by reason of thatA sauna as defined in
Rochester Code of Ordinances Chapter 115, 393 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 572 s work or teaching space for one or more artists, artisans, or musicians.A facility that include tific value.or scien ,and exhibition of works of artistic, historicalA
facility or area that is open to the public and is intended for the acquisition, preservation, study, .or crossbow ,bow, recurve bow, compound bowarrow, long andn area or facility
designated or operated primarily for the use of an archer, bow A by columns, which is accessible and open to the public. supportedn comprised of a series of arches A covered passageway,
typically found at street level and oftewith a resulting change in the boundaries of the City.414 under the process outlined in Minnesota Statute Section of a land area into the City
additionThe .manure of animal useand ,Rules relating to animal feedlots and storage, transportationmeasure currently used by the Minnesota Pollution Control Agency in Chapter 7020
of the Minnesota the animal unit or animal unit calculation measure shall be the same unit of ,UDCpurposes of this For a standard the amount of manure produced on a regular basis
by different types of animals.A unit of measure used to compare differences in the production of animal manure that employs as r for show, sport, or as pets.increase but ratheThe keeping
of domestic animals, such as horses, dogs, cats, bees, not primarily for produce or value an animal feedlot.hat a vegetative cover cannot be maintained within the enclosure. A pasture
shall not be considered tmanure may accumulate, or where the concentration of animals is such whereconfinement area or holding of animals exceeding 10 animal units and specifically
designated as a raising,ation of lots and buildings intended for the confined feeding, breeding, A lot or building or combin .(of a Building) See Structural Alteration .frontage is
on some other street primaryproperties whose street primarily designed to serve as secondary access to the site or rear of those A public or private 394 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 573 hookah bars, ,tavernsed. Included in this category are bars, beer gardens, discotheques, night clubs, entertainment provid. These establishments may charge a fee
or admission charge for the permitted accessory usesare entertainment and the incidental sale of prepared food for consumption on the premises ing of drinks for consumption on the premises,
where stablishment primarily engaged in the sellAn e floors of a building.A porch or other partially enclosed exterior platform designed for outdoor use attached to the upper other
flexible material., often made of wood, cloth, vinyl, or rigid materials on a supporting framework-constructed of nonshelter projecting from and supported by the exterior wall of a
building fixed or retractable A and motor homes is included.ple days on the site. The repair of all other classes of trucks involve storage of the vehicle for multimay thatroutine
in nature, affecting major structural or mechanical components of the vehicles, -Establishments involved in the major repair of automobiles and light trucks, where the service is non
trucks, where vehicles for sale are on display in a showroom or on a lot for the traveling public.An establishment engaged in the retail sale, leasing, repair and servicing of automobiles
and light included in this.use of property are primaryor full service car washes as a ,, automatedservice-Selfand fuels and the repair and maintenance of automobiles and light trucks.
parts vehicleis engaged in both the retail sales of a limited or full range of thattablishment An es or other entertainment event. ,performance, concert, sportingA hall or seating
area, generally enclosed, where an audience views a musical or theatrical such as welding and sculpting.ial zoning districts industr-nonscale fabrication, manufacturing, and other
industrial uses and processes typically not permitted in -small . This definition includes uses such asnot exceeding 10,000 square feet in gross floor area facility a, in lude direct
sales to consumerseither by hand or with minimal automation and may inc ,Application, teaching, making, or fabrication of crafts or products by an artist, artisan 395 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 574 transportation routes or by physical barriers such as water, or public open space.A parcel or group of parcels forming a unit of land bounded on all sides by a street
or other rs.of the wall’s surface within three yea percent front of the wall with planting materials that are sufficient to obscure or screen at least 35at least five feet wide or
a raised planter bed at least two feet high and three feet wide in ndscape planting bed la includes a. Qualifying landscaping relief), or qualifying landscaping or mosaic, mural, sculpture,such
as in depth, or other architectural feature including art work (ion longer than 15 feet without a window, door, building modulation at least one foot dimensAny portion of a wall between
three and 13 feet above ground level with a horizontal 2. least one foot in depth, or other architectural feature;feet without a transparent window or door, building modulation at
10and a width of at least both a length A wall or portion of a wall with a surface area of at least 400 square feet having 1. :s and retaining walls) if it meets any of the followingfaçadeA
wall (including building elopment, along an abandoned rail line or adjacent to an existing road.space through a devway bicycle traffic. Paths may be located within open -designed for
the use of two lane, twofacility physically separated from the roadway and intended for bicycle use. A bicycle path is A n as the adjacent vehicular lane. road to accommodate bicyclists
traveling in the same directiofor preferential or exclusive use of bicycles. Bike lanes must be located on both sides of the and/or pavement markings ,portion of the roadway designated
for bicycles by striping, signage A A Bikeway shall mean either of the following: other living area.from other rooms by a door, and accessible to a bathroom without crossing another
bedroom or r attached dwelling, a private room planned and intended for sleeping, separated o multifamilyIn a ypically including a morning meal to overnight guests.and t, providing
temporary residence The commercial rental of bedrooms within a private rdless of the depth of excavation below ground level.level) on all four sides, regaAny area of a structure, including
crawl spaces, having its floor or base subgrade (below ground 396 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 575 met.have been UDCThe area of a lot remaining after the minimum yard or setback requirements of this and is established to create an even building façade lto line
typically runs parallel to the front property line -decks, and patios, is to occur on a lot. A buildhe line at which construction of a building, excluding porches, bay windows, covered
porches, T land uses or between a land use and a public street.butting aA unit of yard together with the plantings required thereon designed to mitigate nuisance between ms upon which
the City will release such required financial security.credit, and terboulevard trees must be installed, requirement(s) to submit a cash escrow, surety bond, or letter of boulevard
trees, which may include but is not limited to terms addressing the latest date by which sure the timely installation of required to enAn agreement between an applicant and the City
landscaped area, infrastructure, or amenities.that may contain sidewalks, vehicle travel lanesoutside the way-of-rightThat portion of the Minnesota. ppeals of the City of Rochester,Aoard
of Boning ZThe foot segment with an average slope exceeding 18 percent.-The higher point of a 50 foot segment with an average slope exceeding 18 percent.-The lower point of a 50 The
slope must drain toward the waterbody. 4. or greater; and percent high water level averages 30The grade or slope from the toe of the bluff to a point 25 feet or more above the ordinary
3. feet above the ordinary high water level of the waterbody;The slope rises at least 25 2. Part or all of the feature is located in a shoreland area; 1. considered part of the bluff):over
a distance for 50 feet or more shall not be percent area with an average slope of less than 18ng the following characteristics (an A topographic feature such as a hill, cliff, or embankment
havi 397 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 576 or service establishments. ,site parking for a group of commercial, office-with common onand generally entity, single and managed as a ,A building or group of buildings
planned, constructed .uipment generally weighing less than 25 poundshousehold goods and eqand repair of business or locksmiths, ,services computer programming/data processing servicesmailing,
building maintenance, office equipment rental and leasing, photo finishing, business supply , in operated laundriesco, (but not including power laundries or dry cleaning plants)photographic
studios, cleaning and garment services tattoo or piercing parlor, shops, clothing rental, , such as barber r rendering services to business establishments on a fee or contract basiso
apparelstablishments primarily engaged in providing services involving the care of a person or his or her An e See Structure, Temporary which it is located.use of the lot on primaryd
to be conducted, the is intende thatA building in which is conducted, or building.drawn perpendicular to the wall will intersect a lot line without intersecting another wall of the
istance measured along those walls from which, when viewed from above, lines the lot is located. wherefor the zoning district A line parallel to the front lot line at a distance equal
to the minimum depth of the front yard required faces the front lot line of a lot. thata building The wall of has been adopted by the City of Rochester. thatsafety, and general welfare
of the public, modification, and repair of buildings and other structures for the purpose of protecting the health, ards for the construction, addition, The Minnesota State Building
Code, setting forth stand .Chapter 50 Rochester Code of Ordinances separated shall be deemed a separate building.from each other by party walls having no openings for passage, each
portion so are separated Where roofed structures .sheltering any occupancyor supporting duseAny structure 398 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Definitions
Chapter 60.600 577 local historic or conservation district.alteration, change, demolition, relocation, excavation, or new construction of a structure within a approval for the n applicantPreservatio
n Commission granting a A permit issued by the Heritage .. Permitted uses include a columbarium, mausoleum, or crematoriumcemetery purposesand dedicated for ,, including animalsLand
used or intended to be used for the burial of the dead detached structure of the same type.projecting from the side of a building or a , formed by a roof s that is open on at least
two sidesautomotive vehicle one or moreshelter for A A temporary festival typically offering amusement rides, variety shows, or other entertainment. building code or fire code requirements.may
be accommodated by a development as determined by thatThe maximum number of persons of Transportation is acceptable.s depicted by the University of Minnesota or the Minnesota Department
however, the normal height acan be expected to reach that height in an urban setting, or trees height. Not all canopy plantingswill normally be a minimum of 35 feet in or tree . At
maturity a canopy planting shade as the tree or planting overhead crown that provides significant shaped-round, or umbrella, an ovaltrunk, that is characterized by stem-single stem
or multia of consistinglantings Trees and p term storage or Recreational Vehicles.-does not include long This recreational vehicles or temporary housing, with or without facilities
such as water and electricity.term sites for the placement of -stablishment engaged in providing overnight or shortAn e easured 12 inches above the soil line.than four inches in caliper
are mcaliper for trees up to four inches is to be measured six inches above the soil line and trees greater Trunk A nursery stock measurement in inches of tree trunk diameter used
to standardize plant size. generation. level controls on trip- ,establishments with coordinated standards for lighting, sign, grading, landscapingA development planned as a total entity
for a group of commercial, light industrial, office or service 399 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota nsDefinitio
Chapter 60.600 578 .taMinneso State of Department of Natural Resourcesommissioner of the Cmeans the ”Commissioner“Unless the context clearly indicates otherwise, “HPC” acronym, or
indicated by context.ssion is intended, the reference is spelled out, indicated by When Heritage Preservation CommiReference by default is to the Planning Commission. .of the City
of Rochester, Minnesota (HPC), or the Heritage Preservation Commission he Planning Commissioneither t“Commission” means school.ation beyond high time educ-time or part-An institution
other than a trade school that provides full provided with board or room, nor kept overnight on the premises.surgical attention, but who are not /orand , dental, vision,d those in
need of medicalan persons,and treatment of sick, ailing, infirm and injured ,An establishment engaged in the care, diagnosis law or regulation.word, number or symbol; (d) references
to an incorrect provision in the UDC or in a federal or state entering a -or mis are not limited to: (a) scrivener’s errors; (b) misspellings; (c) omitting, transposing, An unintentional
mistake in preparing, reviewing, or revising a document. Clerical errors include, but .the city engineer by the Public Works Director individual designated asThe of Minnesota. stateThe
incorporated City of Rochester, Olmsted County, .of ageyears An individual who has not reached 18 or intensity of residential use. ,services offered, production methods, typex, differs
from the previous use of a building or land in terms of major retail product mi thatA use galvanized, painted or vinyl coated exterior finish.may have a thatA fence of steel or aluminum
posts and wires woven into a diamond pattern 400 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 579 site management or operation of a given construction project. -not related to ond, and or contracting company. A construction office may allow outdoor storage, but
its location is fixeconstruction room or group of rooms used for managing the affairs of aof a The permanent location finition of any other group living use.does it meet the denor
),Fair Housing Amendments Act (FHAA theCongregate housing does not fall within residents.assistance and minor medical services, but not intermediate, long term or extended nursing
care for nclude meals, housekeeping, personal care may i thatA dwelling providing shelter and services .as amended by City Counciland ,any unit or part of such plan separately adopted
., includingand economic development, both public and private, of the City and its environs ,sociall, and maps for guiding the physica ,The adopted goals, policy statements, standards,
programs .farmed collectively by members of the group and may include common areas maintained and used one or more individuals or may be may be divided into separate plots for cultivation
by GardenCommunity include the production and sale of food products from food grown on the premises. may . All of which greenhouses, herb gardens, rooftop gardens, berry patches, vegetable
gardensidential gardens, container gardens, edible landscapes, resbut not limited to nghydroponics includiThe cultivation of food and/or horticultural crops, composting, aquaponics,
aquaculture and/or 16, or his or her authorized representative.-20 tionSecThe Community Development Director as provided for in the Rochester Code of Ordinances .operated by a public
or nonprofit group or agencyis open to the public or a designated part of the public, usually owned and thats or ,A building or portion of a building used for nonprofit, cultural,
educational, recreational, religious Telecommunications Service., but not including any use meeting the definition of a Commercial Wireless reless meansand wiA tower structure and related
equipment enabling the transmission of electronic signals via wired properties. Residential-Nonresidential or or more jointly to provide access to two and used A driveway shared
401 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 580 .s into required yardsprojectionconsidered permitted arestructures lower to the ground , while sstructureconsidered accessory are or more above grade inches 30 structureS
to the interior of the dwelling through one or more doors.is attached to or abuts the wall of a dwelling and is afforded access thathe sky A structure open to t A unit of sound pressure
level, abbreviated as dB. basis, for periods of less than 24 hours a day, in a place other than the dependent's home.or developmental guidance on a regular ,ning, supervision, rehabilitationdepende
nts with care, traifor gain or otherwise, regularly provides one or more that A licensed private or public establishment or concrete boundary marking the edge of a roadway or paved
area. , and utilities. ,uctsa basement, but where there is space for installation of and service to pipes, dA low space below the first story of a building, where there has not been
excavation deep enough for The County of Olmsted, Minnesota. Rochester, Minnesota.The City Council of the City of of discipline or punishment or incarceration of convicted criminals.A
building along with associated lot area designed for the confinement of individuals for the purpose clude a roof overhang.inA horizontal decorative projection located at the top of
a building near the roof line, which may equipment and materials for a project located on the same site during its construction.used as a construction office or outdoor storage area
for A temporary building or structure coterminous. hat istNext to, abutting, or touching and having a boundary, or portion thereof, 402 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Definitions
Chapter 60.600 581 soils; or Haverhill (474B), Palms (528B), Shullsburg (312B or 312C), Littleton (477B) or similar s Groundwater Supported Slope WetlandAreas with slopes over 18 percent
within 50 feet of 3. Littleton (477B), and similar soils; under 18 percent, including Shullsburg (312B or 312C), Areas where the seasonal groundwater table is within five feet of the
surface and slopes are 2. Haverhill (474B), Root (471) and Palms (528B) soils; 1. located in the Decorah Edge, including: s ope WetlandGroundwater Supported Slor ,groundwater tables,
groundwater dischargeswetland areas with features associated with perched -Edge Support Area includes non, the term "saddle" means a ridge between two peaks or summitsdistricte DEO
s of thelevation than the saddle, is excluded from the Decorah Edge. For purposefrom the Cummingsville or higher formations by a topographic saddle and is at a higher bedrock is the
Decorah Shale, Platteville Limestone, or Glenwood Shale, that is separated tered encoun-encountered bedrock. An area for which the first-Prosser) formations as the firstthere are contiguous
adjacent areas with the Cummingsville or higher (Stewartville or Where 3. or more precise mapping; and ed by field investigation, reliable well logs University of Minnesota in 2004,
as modifi—SurveyDodge, Olmsted and Winona Counties" data plat produced by the Minnesota Geological Having a depth to bedrock of less than 25 feet according to the "Depth to Bedrock:
Steele, 2. ; l logs or more precise mappingby field investigation, reliable welUniversity of Minnesota in 2004, as modified —produced by the Minnesota Geological Surveyaccording to
the "Bedrock Geology: Steele, Dodge, Olmsted and Winona Counties" data plat encountered bedrock -ormation is the firstor Glenwood f ,Where the Decorah, Platteville 1. :shall include
the area Decorah Edge much effort into protecting this resource.ground water cleaner than with just collection and infiltration. This is why the city has put so s cleansing effect helps
keep our being infiltrated into the ground as aquifer recharge. Thialong with our septic effluent. In the treatment process it flows into wetlands and fens or just treat the ground
water by utilizing the nitrate that we used in fertilizing our crops and gardens ts horizontally until it seeps out on eroded slopes or through the shallow soils. The soils and plana
layer of Impermeable shale that perches ground water and causes the ground water to flow feature within the states of Minnesota, Iowa, and Wisconsin. It is The Decorah Edge is a geologic
definitions shown below.used in the context of regulating the Decorah Edge area, the following terms shall have the nWhe 403 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Definitions
Chapter 60.600 582 required.approvals are Cityaccommodate a new land use or increased density of a land use and for which or significant change of existing buildings to ,new buildings
or renovation improvement,improvement of previously developed land and for which there is the proposed construction of any plot of land that is intended or suitable for a proposed servicing
of unimproved land or the A creation of a subdivision.or the made change to improved or unimproved real estate, including a change in use-Any man .individual with a mental or physical
disability nA site. rmit that authorizes the demolition or removal of an existing building or structure from a A building pe The transfer of property interests from private to public
ownership for a public purpose. center.division of waters in 1999, as revised, and distributed by the land management information nt of natural resources departme state A minor watershed,
as defined and mapped by the such as Haverhill (474B) and Palms (528B) soils. like soils -vicinity of springs or seeps. Such wetlands may be associated with highly organic peatncluding
wetlands in the wetland area that is saturated predominately by groundwater, i A .sSupported Slope WetlandGroundwater s or in proximity to and at the same approximate elevation as WetlandGroundwater
Supported Slope entation adjacent to Areas of hydric soils buried by sedim 8. Areas within 50 feet of a perennial or ephemeral stream in the Decorah Edge; and 7. s; WetlandGroundwater
Supported Slope Areas of hydric soils in and adjacent to drainageways draining 6. Areas within 50 feet of seeps; 5. ; Areas within 50 feet of springs 4. 404 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 583 occupied by one family.A single building on a single lot containing four dwelling units under one roof, each of which is A building on a single lot containing two
dwelling units. a, and meeting and as a kitchen and dining are areas, community building(s) with facilities suchshared facilities including but not limited to open space, parking lots
or carports, gardens, recreation residential dwelling units. A cottage development may include a combination of dwelling units with of measured by the amount of gross floor area in
residential dwelling units rather than the number may beserved by shared private ways or infrastructure, and in which the development intensity ntial community in which multiple small
individual dwellings are density reside-interest low-A shared by a firewall and having separate direct means of egress and ingress to each unit from the outside.nits arranged side by
side, separated from each other containing three or more dwelling u A building Driveway approach width is measured per the Engineering Standards.The portion of a driveway located between
a property line and the edge of the street pavement. area.street parking -dway and a designated offA private minor vehicular access between a street or roa not including any use meeting
the definition of Outdoor Entertainment or Recreation., but obtain goods while remaining in their motor vehicles or customers to receive services sor permitges or by packaging procedures
encoura ,by design, physical facilities, service that accessory useAn within the watershed.the drainageway shall be calculated as that area needed to convey the water of a 100 year
rainfall The area of dplain.is not part of a designated floo thatwatershed area of over 1,200 acres in size, provides for the collection and conveyance of stormwater runoff from a
thatchannel ground-above A graduate students.-or postely to be occupied by, undergraduate A multifamily dwelling designed primarily as housing for, or lik 405 raftAdoption D –June
2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 584 corporation, or another individual or entity.he property rights by the property owner to and for use by the public, a A grant of one or more of t shall not be considered
earth sheltered.Partially completed buildings 16.85 are satisfied. Minn. Stat. Ch.standards promulgated pursuant to es and other accessory buildings, is covered with earth and the
building code excluding garagof the exterior surface area of the building, percent Buildings constructed so that more than 50 and roof surface area.of the walls percent The total
amount of the earth covering is less than 50 earth covering on the roof. Buildings constructed so that there is earth covering on above grade portion of building walls and no with each
building on a separate lot.A building containing one dwelling unit attached to one other building containing only one dwelling, which is occupied by one family.units under one roof,
each of principal dwellingA single building on a single lot containing three or foundation system constructed in conformance with the adopted building code.dation depth foun-The
building must be anchored and attached to a permanent frost .term occupancy-manufactured housing codes for longU.S. Department of Housing and Urban Development or codes site, that meet
adopted building -constructed partially or entirely off constructed on site and those, including both those containing one dwelling unit located on a single lot A detached building
permanent provisions for living, sleeping, eating, cooking, and sanitation.ore persons, including A single unit providing complete, independent living facilities for one or m .or motel
shall be considered a hotelequipped, any multifamily dwelling in which units are available for rental periods of one week or less of how rental units are egardless. Rcondominiumsand
cooperative apartments, apartments, but not limited to , includingon a single lot or more dwelling unitsfive A building containing .working space at the front of the building to serve
patrons or customersfloor which the dwelling areas are located above or behind the working space, in order to allow the ground , and in A dwelling unit containing an integrated living
and working space in different areas of the unit 406 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 585 source and a line perpendicular to the ground from the light source.ection of emitted light rays at the light The maximum angle formed by a line drawn in the dir eliminated
(cutoff) at a specific angle above the ground.or luminaire are completely ,The point at which all light rays emitted by a lamp, light source .r Sand or Gravel ExcavationoSubstantial
Land Alteration, Quarry, Activities involving The artificial removal of earth material. provided, or industrial operations performed.location, where business is conducted, services
An economic unit, generally at a single physical services.ambulance services or related emergency first aid , police, firestablishment engaged in providing An e s of additional vehicle
range from 20 minutes of charging time.80 mile-a current significantly higher than 220 volts and generally provides 60A Level 3 station uses 3. vehicle range from one hour of charging
time. itionalmiles of add20 -01and generally provides approximately vel 2 station uses at least 220 volt current A Le 2. time. vehicle range from one hour of charging itionalmiles of
addone to two approximatelyprovides generally A Level 1 station uses 110 volt current and 1. :charging stationsy three types of electric vehicle are currentlhere T use in any zone
district. incidental to any allowablecurrent to recharge batteries and that is accessory to a primary use of the property. This use can be powered motor vehicles can obtain electrical
-powered or hybrid-A facility or area where electric sanitary sewer, water, electric, gas, and audio or visual communication lines. limited tobut not An easement required for the installation
of overhead or underground utilities, including intenance of a natural stream or watercourse.preservation or maAn easement required for the installation of stormwater sewers or surface
drainage channels, or the 407 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 586 premises, or off the premises as a carry out order, and whose principal method of operation involves hicle parked on the consume state for consumption within the restaurant
building, within a motor vebusiness is the sale of food and/or beverages in a ready to primaryAn establishment whose members. economic unit, or evidence of a domestic bond between
like structure of authority, an integrated-impact on the residential character of the neighborhood including such characteristics as a familypermanent with a bona fide single housekeeping
unit that is unlikely to have any significant negative y stable and a group of individuals persons living together as a relativel Family is defined as secondary façade.or parking lot
serving the business center but not the main access to the building is considered the A wall that is visible from a public street de.architectural features will be considered the primary
façapublic street or parking lot and used for the main public access or that has distinguishing The wall visible from a The exterior walls of a building exposed to public view from
a public street. structure or facility. Any Increase in a dimension such as number of units, size, area, volume or height of an existing .resistance to decay, including redwood and
cedars; or treated woodcontain sapwood from species of wood having a natural thatand black locust; grades of lumber cedars,The heartwood from species of wood having natural resistance
to decay, including redwood, .ghting unit consisting of a light source and all necessary mechanical, electrical and A complete li causes eye discomfort. thatThe brightness of light
source point source of one candle.A unit of illumination produced on a surface, all points of which are one foot from a uniform le that is less than 90 degrees.the light at a cutoff
angdirect and cut off thatA luminaire with elements such as shields, reflector, or refractor panels 408 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Definitions
Chapter 60.600 587 npredictable and undetermined, and where low velocity flow may be evident.path of flooding is uflood depths from one to three feet where a clearly defined channel
does not exist, where the Flood Insurance Rate Map (FIRM) with base ’s An area of shallow flooding shown on the City shown below.ms shall have the definitions used in the context of
regulating flood protection, the following ter nWhe for provision of adequate yards or setback shall be counted as part of the lot area.t of adequate width to meet lot width requirements
or allow Only that portion of the lo requirements.is sufficient to provide adequate space to meet yard or setback way-of-rightdistance back from the can only be used for access purposes
and not as yard or buildable area, and whose width some closest to the street , shaped in such a manner that the portion of the lot UDCrequirements of this has only sufficient frontage
on a street to comply with the required access width thatA lot hours.s of the organization, or open to the public for a fee with limited only to bona fide members and guestcan be
open thatprofit, and -for-maintain or improve their physical fitness, operated for profit or notand equipped for the conduct of exercise in a place with facilities and equipment for
people to a building designed building or portion of of a ingAn Indoor Entertainment or Recreation use consist discharges shot or a projectile by means of an explosive, a gas, or compressed
air.not limited to pistols, revolvers, rifles, muzzleloaders, and shotguns that A gun including but .and fiduciary activities. Accessory uses may include automatic teller machines
and officescashing, check may include deposit banking and closely related functions such as making loans, investments, d businesses. These services A facility that provides financial
and banking services to individuals an A deposit of earth material placed by artificial means. screen areas of land.ted barrier of any material or combination of materials erected to
enclose or An artificially construc containers.or other disposable ,serving food and/or beverages in edible containers or in paper, plastic 409 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Definitions
Chapter 60.600 588 facilities, structures, and their contents.and properties that reduce or eliminate flood damage to real estate, water and sanitary ructural and nonstructural additions,
changes or adjustments to structures Any combination of st including that land covered by the regional flood.has been or may be hereafter covered by flood water thatThe land adjacent
to a body of water incorporated floodplain maps are based.upon which the , hazards-evaluation, and determination of mudslide (i.e. mudflow) and/or floodof flood hazards, and if appropriate,
corresponding surface elevations, or an examination, n examination, evaluation and determination ncludes aAreas, dated ____, which iIncorporated Insurance Study for Olmsted County,
Minnesota, and The attached material includes the Flood made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). pplicable to the community. A FIRM that has been
hazard areas and the risk premium zones aAn official map on which the Federal Insurance Administrator has delineated both the special "floodway fringe" used in the Flood Insurance
Study.Flood fringe is synonymous with the term y.That portion of the floodplain outside of the floodwa rigid walls, are regulated as structures for purposes of floodplain regulation.
that have the potential to obstruct flood flows, such as chain link fences and regulation. Fencesfloodplain d), that is not considered to be a structure for purposes of -Section 344.02,
Subd. 1(aAn open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes, e capable of conveying a proportionate share of flood flows.sides of a stream
arA method of determining the location of floodway boundaries so that floodplain lands on both waste handling and storage facilities. es, public electric utilities, water plants, fuel
storage facilities, and wastewater treatment faciliticorrectional facilities, schools, daycare facilities, nursing homes, fire and police stations, insufficiently mobile to avoid loss
of life or injury. Examples of critical facilities include hospitals, use occupants that may be reactive materials, and those that ho-highly volatile, toxic or water acilities necessary
to a community’s public health and safety, those that store or produce F 410 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 589 ements of 44 Code of Federal Regulations, Part 60.3. design requirelevation -enclosure is not built so as to render the structure in violation of the applicable non
other than a basement area, is not considered a building’s lowest floor; provided, that such of vehicles, building access, or storage in an area resistant enclosure, used solely for
parking The lowest floor of the lowest enclosed area (including basement). An unfinished or flood Special Flood Hazard Area as defined in 44 CFR 59.hat single a lot or single structure
is not located in a findings that have been made showing tA document issued by the Federal Emergency Management Agency providing documentation for or ice, and the hydrologic effects
of urbanization of the watershed).tions resulting from debris condition such as wave action, bridge opening and floodway obstruccontribute to flood heights greater than the height calculated
for a selected flood or floodway control works. (Freeboard is intended to compensate for the many unknown factors that could r A factor of safety usually expressed in feet above a design
flood level for flood protective o building code. state Different classifications of flood proofing measures as defined by the the regional flood discharge. channel, that are reasonably
required to carry or storeThe minimum channel of a watercourse and those portions of the floodplain adjoining the characteristic of the Rochester region, excluding rare combinations.ons
that are considered reasonable combination of meteorological and hydrologic conditicritical flood runoff volume and peak discharge that may be expected from the most severe A hypothetical
flood estimated and mapped by the U.S. Corps of Engineers, representing the "base flood" used in the Flood Insurance Study.Regional flood is synonymous with the term recurrence interval.
year-100magnitude of the reasonably characteristic of what can be expected to occur on an average frequency in the generally in Minnesota and is representative of large floods known
to have occurred thatA flood .highest adjacent grade at the structure’s proposed location on the ground to the on the FIRMin feet the depth number specified one foot above established
by adding is elevationflood protection In Zone AO, the that result from designation of a floodway.flood plus any increases in flood elevation caused by encroachments on the floodplain
regionallevation is an elevation no lower than one foot above the elevation of the The flood protection e 411 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota
Definitions
Chapter 60.600 590 Establishes the maximum ratio of floor area to net buildable area on a zoning lot basis that each 15 feet of height shall be equal to one floor.for enclosed space
having a floor to ceiling height in excess of 20 feet shall be The floor area other subterranean area not intended for human habitation or service to the public.anical equipment, terraces,
breezeways or screened porches, or basement or space devoted to mechparking spaces, loading spaces, any space where the floor to ceiling height is less than six feet, any faces of walls
or the centerline of party walls separating two buildings, but not including any interior measured from the outside sum of the gross horizontal area of the several floors of a buildingThe
Federal Regulations, Part 59.1. , “historic structure” is as defined in 44 Code of floodplain regulations in this UDCthe ric structure.” For the purpose of structure’s continued designation
as a “histoAny alteration of a “historic structure,” provided that the alteration will not preclude the 2. or ;conditionsare the minimum necessary to assure safe living that enforcement
official and ified by the local code have been identthat health, sanitary, or safety code specifications Any project for improvement of a structure to correct existing violations of
state or local 1. repair work performed. The term does not ial damage,” regardless of the actual term includes structures that have incurred “substantof construction” of the improvement.
This the market value of the structure before the “start addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of ter damage, reconstruction,
rehabilitation (including normal maintenance and repair), repair af-For purposes of floodplain regulation, within any consecutive 365 of the market value of the structure before the
damage occurred. percentcost of restoring the structure to its before damaged condition would equal or exceed 50 For purposes of floodplain regulation, damage of any origin sustained
by a structure where the list.See definition in general definition debris carried by such water.retard, or change the direction of the flow of water, either in itself or by catching
or collecting across, or projecting into any channel, watercourse, or regulatory floodplain that may impede, along, modification, culvert, building, wire, fence, stockpile, refuse,
fill, structure, or matter in,Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel 412 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Definitions
Chapter 60.600 591 center.garden center. Greenhouses or retail buildings and offices may be part of a permanent garden the Landscaping services may be a part of indoor live plants,
Christmas trees and related retail products.Related retails sales may also be part of a garden center including cut flowers, and small hand tools.ning supplies such as fertilizer,
pesticides, and gravel; garde rock,materials such as mulch, topsoil, and landscape walls; bulk pavers,live plants; landscaping materials such as lawn ornaments, include those products
related to gardening and landscaping including, but not limited to, outdoor tdoors The products for retail sale that may be displayed and stored in a greenhouse or ou structure.A retail
business for the display and sale of products either inside or outside of a building or of residential sale of tangible personal property.other type ” and “basement sale” and any ,”
“attic sale,” “estate sale,but not limited to “home sale ingincludThe sale of used household belongings at a residential dwelling or residential neighborhood and household equipment.
,ercial trailersto use for parking and storage of vehicles, noncommWhen associated with a residential use in a residential district, it shall be limited the general public.is not a
separate commercial establishment open to thator equipment, and ,vehicles, merchandisef building used for the parking and storage o primarya A detached accessory building or a portion
of private street.line of a public street or the boundary of a way-of-righta lot line coincides with the thatThe distance ude a crematorium.uses incl, and for which permitted accessory
cremating human remains, and arranging and managing funeralsdead for burial, or animal An establishment providing services such as preparing the human A safe container for flammable
fluids. .Automotive Center are excludedAll services included in are sold. ; and convenience foods and goods supplies for motorists natural gas, electricity, and hydrogen; relateddiesel,
gasoline, ethanol, fuels like A facility where y the City.as adopted bbuilding code state undisturbed ground below the frost line and constructed in accordance with theloads and transfers
these and other imposed forces, without failure, from the building to the support of the building’s vertical and horizontal A permanent foundation that provides adequate 413 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 592 generate negative impacts may that, publishing services, power laundries, and dry cleaning plantscarpet and rug cleaning, printing and ,lumber yards, utility yards,
public maintenance shopsyard, contractor’s office or , a composting facility ing but not limited toinclud or processing of productsnot involved in the manufacturing it ischaracter
even though has an industrial stablishment that An e or living facilities. ,ith required cooking, eatingalone or in combination wprovides sleeping facilities thathabitable room, singularly
or in combination with other rooms, A unfinished attics, foyers, storage space, utility rooms or similar spaces.ies, service rooms, corridors, laundries, enclosed spaces as closets,
pantries, bath or toilet facilitor eating purposes, excluding such ,room used or intended to be used for sleeping, cooking, living A 1 as Group Living Uses-1 400.08-Those residential
uses listed in Tables 330.02 The total floor area designed for the occupancy and exclusive use of a tenant. display of plant material.season plants for subsequent sale, for personal
enjoyment, or for the temporary storage or -of-or outof delicate material and in which the temperature and humidity can be regulated for the cultivationA building whose roof and sides
are made largely of glass or other transparent or translucent requirements of part 50.01 (2) of the Building Code.the y withcompladdresses how a proposed development will thatAn
integrated set of documents .of those activitiesAny excavation or fill combination between the building and a line five feet from the building.than five feet from the building, as
a retaining wall, or, where the property line or structure is morebetween the building and the property line, or between the building and a stabilization structure such elevation of
the finished surface of the ground, paving or sidewalk within the area The lowest point of use.and area and equipment for the conversion of natural geothermal energy into energy for
beneficial L 414 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.60 593 contributing to a landmark district. A property designated by the City Council as a landmark property, a landmark district, or considered on account of the public
health, safety, and welfare.that rehabilitation of the structure no longer serves as a viable option and demolition must be f a historic structure that contributes to a level of dilapidation
so severe term neglect o-he longT its historic or architectural integrity. maintenance or any other action that reduces the stability or longevity of a structure or impairs for purposes
of ordinary maintenance or repair, as well as inadequate structure, other thanof any material constituting part of a structure that affects the exterior appearance of the Any act or
process that destroys in part or in whole a historic resource. This includes the removal ict is considered significant.archaeological values for which a property or landmark distrA
building, site, structure, or object that adds to the historic architectural qualities or construction of a designated property or within a designated historic district. excavation,
or newA permit issued granting an applicant approval for the alteration, change, demolition, relocation, modifies its appearance or construction.an existing building, structure, site,
or feature that materially A change to the exterior of definitions shown below.used in the context of regulating heritage preservation, the following terms shall have the nWhe district.
wed for structures within a given zoningabove grade, alloin feet the maximum height Maximum height establishes or gambrel roof. ,and ridge of a gable, hipcoping of a flat roof, or
to the deck line of a mansard roof, or to the average height between the eave measured to the highest point of the The vertical distance above grade along the building front and noise,
along with intermittent truck traffic. ,needed for this storage, and the creation of dirt, dustside storage of equipment and materials, the large expanse of land largely through their
need for out 415 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions 0
Chapter 60.600 594 isting structure.or archaeological value regardless of the value of any ex cultural,or vanished, where the location itself possesses historic, ruined,structure, whether
standing, on of a significant event, a prehistoric or historic occupation or activity or a building or The locati culture. and archaeology, engineering, ,architecture history, local
or regional, national, of patterns broad of representation or to contribution its for feature or property a of importance documented The .Procedures and Administration Chapter 60.500in
or related procedures Heritage Preservation Overlay –HPO Section 60.200.040Cprovisions of Properties including objects, buildings, structures, sites, landscapes, and districts subject
to the design, materials, workmanship, and association.nvey its significance relative to the aspects of location, setting, he ability of a property to coT district.and located within
the Heritage Preservation Overlay inventory City’s property listed on the A goals and objectives. vative strategies for achieving the identified innoterm priorities for the program,
and identifies proactive and -term and long-program, setting nearplan established by the city that contemplates a vision for the city's historic preservation A arks or landmark districts.
alterations or additions to designated landmA locally specific document providing additional information for the review of proposed disasteror other tornado,ereto immediately threatened
or damaged by fire, flood, Work necessary to prevent destruction or dilapidation to real property or structural subject to the terms of this UDC. to recognize a property as historically
significant and eligible for benefits, Landmark District,or Designation of Landmark Property, Section 60.500.040FThe formal process described in 416 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 595 Standards. removing evidence of other periods, which is one of four approaches to the Secretary of Interior particular period of time in its history, while Alteration
of a property to depict the property at a features. of parts missing or deteriorated extensively of material, substitute compatible with or kind, in replacement limited The another
location.nificant or existing location to oving a building or structure from its original historically sigM Standards. defining features, which is one of four approaches to the Secretary
of Interior -charactery to meet continuing or changing uses while retaining the property's historic Altering a propert Interior Standards.which is one of four approaches to the Secretary
of , appearance at a specific period of timesurviving site, landscape, building, structure, or object for the purpose of replicating its -of a nontailing The act or process of depicting,
by means of new construction, the form, features, and de it has evolved over time, which is one of four approaches to the Secretary of Interior Standards.toric materials and retention
of a property's form as Active maintenance and repair of existing his specific setting and environment. . It may be movable by nature or by design, but is associated with a primarily
artistic in natureor ing or structure that is small in scale and simply constructedA construction other than a build .Section 60.500.040Flocally pursuant to A district, site, building,
structure, object, or other property of historic significance designated .ition Permit is submittedprotection if an application for a Demolhistoric significance and designation as
a landmark at a future time and that has interim A list of properties identified by the Heritage Preservation Commission that may be evaluated for 417 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 596 .Auditorium or Civic Center, or Indoor Gun Rangean accessory use, but does not include any use meeting the definition of Adult Entertainment, , and where food or
beverages may be served asor gymnasiumspicture theaters, and fitness centers billiard, pool, or bingo parlors, amusement arcades, indoor archery ranges, indoor live or motion ubs, indoor
skating rinks or swimming pools, recreation space, such as racquet clentertainment or A commercial recreation facility that provides completely enclosed or indoor driveways, or permeable
pavers; and other similar surfaces.ts; concrete, asphalt, gravel including rooftops; decks; sidewalks; patios; swimming pools; parking lorun off the surface in greater quantities and
at an increased rate of flow than prior to development, land causes water to surface that prevents or retards entry of water into the soiA constructed hard Chapters 32 through 38.Rochester
Code of Ordinances 1 as Household Living Uses-1 400.08-Those residential uses listed in Tables 300.02 .or motel k or less shall be considered a hotelavailable for rental periods of
one weein which units are Multifamily Dwelling egardless of how rental units are equipped, any involved. Rhabitable units by prior arrangements, for compensation, without restriction
on the time period ing accommodations in A building or series of buildings operated as an establishment provid .unit dwellingat or from the unit Any gainful occupation or profession
engaged in by the occupant of a dwelling Reconstruction. and Restoration ilitation,Rehab Preservation, for Approaches includes and properties historic to alterations making or additions
new designing as well as materials, historic replacing and repairing, maintaining, about Service Park National the by published concepts of series A period. restoration the from features
missing of reconstruction and history its in periods other from features of removal the of means by time of period particular a at appeared it as property a of character and features,
form, the depicting accurately of process or act heT 418 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 597 use of the property being proposed or approved during that time.term -ticipation of a different longA use approved by City Council for a specific period of time in
an or block. row,he complete removal of trees or shrubs in a contiguous patch, strip, T be considered institutional property.not public purpose shall Government owned or operated building,
structure or or airport. ,public or private school, hospital, library, Land used by a nonprofit, religious or educational organization, such as a manufacturing.and decorating clay
products), and ice processed resins, molding plastics), gravel based products (pottery, cutting, finishing granite, firing manufacture, paper (final processing from purchased bulk stock),
rubber and plastics (compounding ing, furniture making) textiles, printing and publishing services, bottling works, carpet and rug clean-directly on a retail basis, and include uses
in the following areas: lumber products (millwork, cabinetfinished products for sale on a wholesale basis to retailers or these uses result in the creation of areas through buffering
and through separation required by yard and height limitations. Typically, be made compatible with surrounding generally can , thatwithout adverse environmental effectscompletely enclosed,
and free, usually-where the process involved is relatively clean and nuisanceor compounding of products ,stablishment involved in the processing, fabrication, assemblyAn e .solid
waste disposal facility, and waste transfer facility, aw mills)gravel based products (manufacture of bricks, concrete, abrasives), lumber products (s), leather (storing, curing, tanning),
equipmentassembly, engines, construction vehiclemanufacturer (imary metals (blasting, smelting, rolling), machinery and equipment (refineries, bulk storage), prof inorganic chemicals,
resins, plastics, paints, fertilizers, explosives, ink), petroleum products products (pulp mills), food processing (slaughterhouse, meat packing plant), chemicals (manufacture sses
in the area of paper unsightly. Heavy industrial uses typically involve primary production proceinvolve the use of large unenclosed production areas, or may require large, tall structures
that are traffic, may vehicle. In addition, these uses may generate large amounts of alsor materi liquids,above ground storage of flammable, hazardous or poisonous gases, including
waste disposalsmoke/particulate emissions, vibration, noxious gases, odors, glare/heat, fire/explosion hazards and ential environmental impacts related to noise, adversely affecting
surrounding land uses due to pothave severe potential for , and that of materials from raw material or previously processed materialor assembling ,stablishment involved in the manufacture,
fabrication, processing, compoundingAn e An indoor area or facility designated or operated primarily for the use of firearms. 419 raftAdoption D –June 2022 Unified Development Code
Rochester, Minnesota Definitions
Chapter 60.600 598 d a portion of High Forest.Cascade, Marion, Rochester, and Haverhill anThe most recent version of the Long Range Transportation Plan for the City and the Townships
of abuts or is connected by means of a driveway to a street or alley. thatand terials, the temporary parking of a commercial vehicle while loading or unloading merchandise or maspace
or berth on the same lot with a building or contiguous to a group of buildings, for street-offAn access for up to four lots.iding joint right of A roadway, privately owned and maintained
and established on an easement, prov access roadway, serving both traffic control and aesthetic purpose.landscaped area located within the limits of the roadway portion of a local street
or A grassed or .to be installed on a lot or parceland screening ,, landscapingbufferyardsdescribing may consist of both drawn and written materials thatAn integrated set of documents
k, bark, or stone.surface treatment such as decorative rocLand set apart for the plantings of grass, shrubs, trees or similar living plants, or other ground solid waste.nt facility
either publicly or privately owned and operated for the purpose of disposing A permane for the Rochester Urban Service Area.portion of the Comprehensive Plan The Land Use Plan machinery,
or two or more unregistered, inoperable motor vehicles.or other scrap of discarded goods, materials, or ,abandonment of wastepaper, r, building, or structure used for the storage,
processing, or or land lot, parcelAll or part of a streets cross at the same grade. public or private A place w rking and traffic circulation.that are used for paLandscaped areas within
a parking lot that are surrounded on at least three sides by paved areas 420 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 599 Any lot line other than a front or rear lot line. building line., when the endpoints of the line(s) are connected, create a line exceeding the width at the thatnterior
lot lines The rear lot line(s) on irregular shaped lots with more than four lot lines are those i shaped lots whose lot width narrows when moving away from the front lot line have no
rear lot line.is designated at the time of development. Triangular thatr lot line line; on a corner lot, an interioOn a rectangular lot other than a corner lot, the lot line opposite
and most distant from the front lot separates a lot from another lot. that determined by the City. , asabutting the propertyway -of-rightor roadway street public or private lot line
separating a lot from A A horizontal distance measured between the side lot lines. two parallel or approximately parallel streets.fronts upon thatA lot way.-of-shall be deemed to
be the boundary of said rightway, the lot line -of-Where any portion of a lot extends onto a public right or any other public space.one lot from another lot or from a public or private
street divides thatA line of record bounding a lot horizontal distance between the front lot line and the rear lot line of a lot.average The an interior angle less than 135 degrees.intersection,
or upon two parts of the same street forming A lot abutting two or more streets at their way or private street.-of-The area contained within the lot lines of a lot, excluding any right
of the lot.lies with the owner way-of-rightlot abuts, even if ownership to such the pon which of any street u way-of-rightdoes not include the that, or other publicly owned land,
and way-of-rightdivided by a lot line, is not thatThe smallest unit of land division defined by plat or by metes and bounds description, 421 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Definitions
Chapter 60.600 600 manufactured home. The area of the lot for thehome for the exclusive use of the residents of A parcel of land in a manufactured home park used for the placement of
a single manufactured .term occupancy-ot intended for longaces are nspa Campground or Recreational Vehicle Park in which model homes in the park, nor does it include as UDCmanufactured
homes for display or sale are permanently sited in conformance with the the display and sale of manufactured homes, unless the park does not include real property used forindividually
owned lots subdivided for the placement of manufactured homes. A manufactured home or common owner(s) in a cooperative arrangement as opposed to a development that consists of ingle
ownership entity between the residents of the manufactured homes in the community and a slease arrangement -of such space. This development is typified by a landuse manufactured homes
for dwelling or sleeping purposes, regardless of whether or not a fee is consists of two or more spaces for the placement of thatA residential development on a site 327. Minn. Stat.
Ch. shed under compliance with the “manufactured home building code” as establi is certified as constructed in that , and gin the buildinand electrical system contained ,conditioningfoundation,
when connected to the required utilities, and includes the plumbing, heating, air permanent chassis and designed to be used as a dwelling for one family, with or without permanent n
a feet or more in length, or when erected is 320 or more square feet in size, and is built o, in the traveling mode, is eight feet or more in width or 40 thattransportable in one or
more sections, facility for installation or assembly at the building site, site-A building, fabricated in an off such as lumber or masonry products.for the keeping of building supplies
usedcharacterized by the presence of an outdoor storage area is thatretail sale of building supplies and household equipment An establishment engaged in the 2x zoning districts.-2,
and R-1, R-The R See also Site Area. horizontal plane.he minimum size lot, in square feet, for certain types of residential development, measured on a T ,ordinances, at the time of
its recording, complied with all applicable laws, thatAny validly recorded lot abutting the property, as determined by the City way-of-rightor roadway street secondary public or private
A side lot line separating a lot from a 422 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 601 specific requirement, the Mayo Special District Ordinances requirements shall prevail. Conversely, impose greater restrictions thereon. In the event the Mayo Special
District Ordinances address a bmitted, and no provisions of the UDC shall be construed to year Plan Update is su-the time the 5 Institutional Subdistrict and Support Campus (collectively,
the “Mayo Special District Ordinances”), at year Plan Update, shall be subject to the respective ordinances governing the Medical -Clinic’s 5 enced in the Mayo Institutional Subdistrict
and/or Support Campus, and which is stated or referAny construction or development that occurs within the boundaries of the Medical the Support Campus is subject to Ordinance #3534.ing
Ordinances: #2726, #3669, and #4052; while Subdistrict is subject to the followamended from time to time pursuant to applicable law. The Medical Institutional Support Campus (shown
in the maps below), the boundaries of which may be s of the City, known as Medical Institutional Subdistrict, and the placement or construction.approval prior to their Zoning Certificatestructures
within the approved subdivision must obtain and ,All uses, buildings with this jurisdiction's regulations for subdivision. iescompl thathomes consists of individually owned lots created
for the placement of manufactured thatA development walkway area located parallel and adjacent to a private street lying adjacent to the lot.used for common sidewalk or (public or
private) including the required boulevard and any land bufferyard area. The area of the lot shall not include any land devoted to the development of streets ing purposes shall not include
any common or community open space or required perimeter rezon 423 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 602 exterior walls.building width and depth, as a means of breaking up the apparent bulk of a structure’s continuous A stepping back or projecting forward of portions
of a building face within specified intervals of Mobile homes are not permitted in the City. . or recreational vehicles, but not including manufactured homes site utilities-foundation
as a dwelling when connected to onns and designed to be used with or without a permanent being transported in one or more sectiostructure built prior to June 15, 1976, on a permanent
chassis, capable of HUD compliant -nonA standards of the underlying zoning district.or for the placement of other dwelling types consistent with the design criteria contained herein,
or more individually owned lots for either the placement of manufactured homes, subject to the complies with this jurisdiction's regulations for subdivisions, consisting of three thatA
development shall be measured as the length of the tangent to the front yard line.intersecting lot lines. On lots with curvilinear front lot line, the width -shall be measured between
noneet, for minimum lot width for certain types of development. This width numerical standard, in f A residential development.shall be provided for certain types of thathe minimum
amount of usable recreation space T are provided. , or home care services of one week or more, and where no supportive services, health supervisionwhile the patient is receiving or
waiting to receive health care treatments or procedures for a period s are furnished exclusively to medical patients, their families, and caregivers accommodationwhich and in County
from Olmstead or statethat has been issued a lodging license from the Services.Veterinary and Animal a Clinic ormedical appliance sales, and similar uses, but not including es, research
and development, outpatient care facilities, medical schools and associated dormitorigeneral medical and surgical hospitals, specialty hospitals, medical laboratories, bio medical ospital
services, as well as continuous nursing service, including surgical services) and other hdiagnostic services, extensive medical treatment (including stablishment engaged in providingAn
e shall apply.should the Mayo Special District Ordinances be silent on a requirement, then the UDC requirements 424 raftAdoption D –June 2022 Unified Development Code Rochester,
Minnesota Definitions
Chapter 60.600 603 .UDCstandards of this ance control and that does not meet the appear ,was adopted UDCin existence at the time this ,abuts a lot in a residential district ,Residential-Nonis
zoned that Any conforming use located on a lot be considered part of the neighborhood park.may skating rinks. Trail corridors providing access from residential areas to neighborhood
park facilities and basketball courts, and ,equipment, picnic areas, and areas suitable for use as ball fields, tennisplayground residents’vide for the use of the may also pro thatfor
the enjoyment of open space, and one or more neighborhoodspublic recreation facility designed to give residents of A similar use.or ,estaurant, bakery, coffee house, ice cream parlor,
deli, grocerybeverages including a standard ralcoholic -business is the sale of food and/or non primarywhose ,serve the local neighborhoodintended to containing not more than 2,000
square feet of gross floor area, andstablishment An e s.bar or rigid supporting strip between adjacent panes of glas A motor vehicle traffic.-non otherand equestrians, ,pedestriansbicyclists,
some combination of way or easement, and intended for use by -of-separate rightway or a -of-ithin a street rightA path physically separated from motor vehicle traffic, located either
w or similar vehicle. ,storage of privately owned trailers, boats, campersdealerships or the commercial vehicleand manufactured homes, including ,recreational vehiclesengaged in the
display for sale or lease of automobiles, trucks, farm machinery, materials is not included in this definition (see Heavy Industry).or ammable, hazardous or poisonous gases, liquids,bove
ground storage of flA physically changed.aggregated for transshipment or storage purposes where the original material is not chemically or Materials within a warehouse or terminal facility
may be combined, broken down, or serviced.and ,tored, parked(including tractor trailer units) involved with the operation of the business are sincluding terminal facilities for handling
freight, and maintenance facilities in which the truck ngaged primarily in either the storage or shipment of goods and materials, e tstablishmenAn e greater width as the sign face.sign
structure and which structure extends from the ground or base to the sign face at the same or ding sign which is attached to the ground or to its base on grade by a solid related, freestan-ground
A 425 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 604 .Offender Transitional Housing offender’s immediate family shall not be considered exceeding one year. A dwelling or lodging facility owned by the offender or a member
of the n a period of time not term” shall mea-family residential use. The term “short-singlepermitted law to be a state ” does not include housing declared by Transitional Housing
release. “Offender nity Corrections and/or who are required to live in the housing as a condition of their County Commuwho are receiving housing assistance from the Minnesota Department
of Corrections or Olmsted term housing to offenders on supervised release or conditional release -principally to provide shorthouse or hotel designed, intended, or used ts in aA dwelling
unit or one or more habitable uni or industrial building. ,or machinery in any institutional, commercial ,equipment, merchandisef an individual overnight in a habitable unit, or the
installation, storage or use of The residing o related care to individuals.term nursing and health -stablishment primarily engaged in providing intermediate or longAn e and or greenhouses
used to raise flowers, shrubs and plants for later retail or wholesale sales.L .UDCit is located by the regulations of this wherezone would not be permitted to be established as a
new use in the thatAn activity using land or structures elevation regulations of the floodplain overlay districts.ofing and comply with the flood pro tstructures that do no ingncludi
it is located wherethe district or floor area ratio requirements of ,does not comply with the height, setback, density thatA structure .ated by the regulations of this UDCthat would
not be permitted in the zone where it is locAny sign constitute legal, nonconforming parking.district that were not approved through a lot and site development approval procedure do
not de yard on a property in a residential located outside of an approved driveway in the front or street sifor a new development of the same type. The existence of parking spaces UDC
required by this street parking spaces that would be -does not provide the number of off that it is located. whereminimum lot area or frontage requirements of the district does not
comply with the thatwas adopted UDCAny validly recorded lot existing at the time this 426 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 605 summer pool.reservoirs and flowages, the ordinary high water level is the operating elevation of the normal ary high water level is the elevation of the top of the
bank of the channel. For watercourses, the ordinnatural vegetation changes from predominantly aquatic to predominantly terrestrial. For sufficient period of time to leave evidence upon
the landscape, commonly that point where the highest water level that has been maintained for a and shall be an elevation delineating the For purposes of floodplain and shoreland regulations,
the boundary of public waters and wetlands on the site and is compatible with surrounding development and land uses.activity is safe required bufferyards and additional information
necessary to ensure the excavation approval of excavation activities that describes the area to be disturbed, Conditional Use PermitPlan and Report, required to be submitted by applicants
for Development teA plan, including a Si land trust for purposes of monitoring the condition and maintaining the site.intentionally disturbed and that provides, at a minimum, for access
by a public agency or a qualified ll not be An area identified by easement or other mechanism that guarantees that the area wi ” .improvements site improvements” and “public -site public
improvements,” “development improvements,” “off-site and off-“required improvements,” “on includesterm The created by the proposed subdivision.proposed subdivision and that are needed
so that the facilities can adequately handle the needs site public or private utilities and improvements that are reasonably related to the -site or off-tures, and similar onlands,
soils, water, vegetation, energy, air quality, and geologic and ecologic feasewers, electricity, gas and other utilities, and the protection and conservation of floodplains, shore alkways,
curbs and gutters, water, sewers, storm drainage, lighting, public, streets, roads, trails, wThe sizing, grading, location or improvement of lots, structures, areas accessible to the
general hospitals, golf and country clubs, or credit unions., of worship placeorganizations, labor unions, or civic or fraternal organizations, but not including essional membership
fmembership, including trade associations, business associations, proons operating on a membership basis for the promotion of the interests of the organizatiincluding music and medical
offices or clinics, studios for those involved in art, sculpture, including or business nature ,conduct of affairs of a service, professional institutional production-non, retail-nonirs
of an establishment or for the for managing the affa usedA room or group of rooms 427 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 606 storage facilities for recreational vehicles, boats, and trucks seven feet in height or greater.cture. This use does not include parking and or below another level
of parking in the same struparking automobiles and light trucks and van, in which at least one level of parking is located above An above ground and/or belowground structure, or a part
of a primary structure, designed for in a residential area.are established to meet the parking needs thatalso includes community lots category this ,vehiclesparking spaces for motor
accessory or primary use area whose purpose is to provide A surface way.-of-ithin the rightParking space shall not be from w accessed directly from the street.street parking of vehicles,
where individual parking spaces are -A portion of a site improved for the off trails, or open space areas.ounds, recreational facilities, wetlands, acquisition, development, or redevelopment
of parks, playgrwide comprehensive plan adopted by the Rochester Park and Recreation Board for the -he systemT considered part of a Park.A Community Center use within a public park
is facilities.buildings, trails, parkways, and related , including all park Park Commissionersof by the City’s Board ublic parks operated by the City or P An extension of the main
walls of a building above the roof line. ary to provide access to such goods.improved and necessincluding adjacent land area hours andor merchandise in the same place for more than
24 The keeping, in an unroofed area or structure open to view on its sides, of any goods, junk, material parks. amusement and alleys,, racetracks, ranges (skeet, rifle, or archery),
bowling amphitheaters, outdoor concert hallsin theaters, -drive, swimming pools, skating rinks, golf driving ranges, miniature golf facilitiesfacility, such as baseball fields, air-openthat
is primarily an A commercial recreation facility establishment having the same operator. n, when located adjacent to a, employees, or tenantsconsumption of food or beverage by patronsoutdoor
fixtures and appurtenances intended for the or other seating ,ny group of tables, chairsA 428 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota nsDefinitio
Chapter 60.600 607 as an ornamental design feature façadebearing column attached to a building -ectangular, nonA r photovoltaic effect, whether or not the device is able to store the
energy produced for later use.A system of components that generates electricity from incident sunlight by means of the n, documented in a criteria from Section 60.200.040C5 for which
the property is under consideratioresearch, informant interviews, field survey and professional analysis along with identification of the ory, pursuant to Section 60.200.040C4. Typical
methods include archival placed on an invent Sometimes called a “recognizance level survey”, the process used to identify historic properties to be boundaries or borders, or the total
combined length of all those ndaries or borders of a lot, tract, or parcel of landThe bou picnicking.and/or such as resting, reading, amenities and landscaping to enhance the patron’s
or public’s use of the space for passive activities oriented -y that promotes visual and pedestrian access onto the site and provides pedestrianfacilitway between a building and a street
or along a pedestrian -of-n area located outside of the rightA .other than a motor vehicle using a wheelchair or other mobility aid foot orA person pavement. , or similar durable permanent
permeablepaving brickor a is made from concrete, asphalt thatA hard, smooth surface of a parking lot, driveway or drive aisle immediate vicinity of temporary supplemental feeding
or watering devices.except in the animals is such that a vegetative cover is maintained during the growing season,n area where grass or other growing plants are used for grazing and
where the concentration of A and car washes, as an accessory use.ance services, such as oil changes City designated park and ride may provide automobile maintenassociated with a Parking
Lot or Garage district a permitted T-MXIn the .motor vehiclesspaces for parking or primary use provide accessorywhose purpose is to ,use parking primary-nonwith a ngor constructed
as part of a buildi, either freestanding structureaboveground or belowground Any 429 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 608 ansportation.facilities) for motor vehicle passenger trincluding taxi cabs, passenger charter services, school buses, and terminals (including service stablishment
primarily engaged in furnishing local and suburban passenger transportation, An e for the time a vehicle is parked on the lot. or other consideration(hourly, weekly, monthly) feePublic
parking lots typically charge a associated with any primary use or building on the same lot.et parking of motor vehicles that is not stre-A public or private land area designed for
the off for the definition of Protected Lot. Protected Lots, Section 60.400.020F.2.aSee ontract for deed.venders under a cand enjoyment in contemplation of ultimate ownership. The
term includes but is not limited to The fee owner of land, or the beneficial owner of land whose interest is primarily one of possession swings. and seesaws,toys, for recreation
and play containing playground equipment, such as climbingAll play areas designed primarily for children including, but not limited to, an outdoor area set aside , which is no longer
in effect.No. 1659 as amendedg Code Ordinance specific parcels of land according to the provision of the previous Rochester ZoninUnique and separate zoning districts established by
action of the Rochester Common Council on zed religious services and associated accessory uses.primarily intended for the conducting of organiby design and construction are thatA
building or structure, or groups of buildings or structures, ndards and regulations adopted by the City, prior to submittal of a Final Plat for approval.stapresented to the City for
review and comment regarding compliance with this UDC and other ’s plan for the division of land for purposes of development is applicant nA draft map on which a oved, will be submitted
to the County Recorder., if apprthatfor approval and City presented to the is for the division of land for purposes of development 's plan applicant nThe final map on which a 430
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 609 reclaimed for subsequent use after conclusion of the excavation activity.describes how the site will be thatval of excavation activities appro Conditional Use Permitfor
Plan and Report, required to be submitted by applicants Development A plan, including a Final Site typically constitute a reach. isconsecutive bridge crossings the segment of a stream
or river between two In an urban area, obstruction. made-mannatural or A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a yards,
freight stations and switching yards.including railroad d passenger transportation by railEstablishments engaged in domestic freight anlteration meeting any of the above characteristics.Aand
Lubstantial SA 7. a crusher; or usingAn excavation activity 6. ivities that deposit soil, bedrock, or other earthen material on site; Act 5. being excavated or 100,000 cubic yards
of earth for the entire site; Removal from a site of more than 20,000 cubic yards of earth material per acre of land 4. face. Multiple faces shall be added together to determine height;ion
to the top of the exposed vertical measurement from the lowest elevation of the excavatexcess of 25 feet in height. The measurement of height of the exposed rock face shall be the The
temporary or permanent exposure of rock face made as part of or following excavation in 3. ;cavationtime during or following exAn exposed bedrock slope steeper than 3:1 that is over
25 feet in height occurring at any 2. purposes;or remove bedrock materials for commercial ,Activities principally designed to mine, extract 1.ermit:Prading Gs allowed through a that
meets or exceeds any of the following thresholds and development activity land disturbance orA 005.Subd.15.15a103G. Minn. Stat. Ch.defined by Those waters are defined separately.
and considered shall not be utilitiestelecommunication , wireless UDCFor the purposes of this service to the general public. communicationor sewer,gas, electric, transportation,
water, natural Any corporation or government entity supplying 431 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 610 etail stores and services; swimming pools, tennis courts, sales, duplicating services, and similar rand other eating establishments; barbershops, beauty shops, gift
shops, newsstands, office supply snack bars, restaurants, cafeterias, but not limited to including in the same building or developmentr primary use erve the occupants or patrons of
anothesdesigned primarily to ccessory useA type of a for the definition of Regulated Lot. Regulated Lots, Section 60.400.020F.2.bSee Land or Torrens property.Registered Land Survey
must go through appropriate application process to become Registered 508. .ChMinn. Stat. The drawing or map of a subdivision prepared for filing of record pursuant to of way line.-2)
the line created by the existing curb location parallel to the right way line; or -of-way that is parallel to and five feet inside of the right-of-1) a line within the right way line:
-of-to the existing rightoser The reference line of any public or private street is whichever of the following two lines that is cl effective date of this UDC.after the energy operations-to-in
support of wasteUDC and the establishment of new facilities ive date of this on the effectin existence facilityenergy -to-wasteoperation of and expansion of any the Recycling Transfer
Facility includes before they are sent to a processing facility. materialsof recycled or used ageseparation and temporary storfor the cel of landlot or par A primary use of a materials
are accepted from the public.use where recyclable primaryA small collection facility typically treated as an accessory to another .y to the primary use of the propertyStorage of recreational
vehicles at a residence as an accessor homes.-including but not limited to travel trailers, truck campers, camping trailers and selfaccommodations for recreational, camping or travel
use primarily designed as temporary housing or driven and is hauled,can be towed, thatA temporary structure, less than 40 feet in length, other than public roadways, and including
trailers used to transport such craft or vehicles.faces Craft designed for use on water or snow, as well as motorized vehicles designed for use on sur 432 raftAdoption D –June 2022
Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 611. These establishments are characterized by the and furniture and appliance sales, including goodshousehold consumption and rendering services incidental to the sale
of such stablishment engaged in selling goods or merchandise to the general public for personal or An e dwelling units within the development.sales and management of A facility in
a residential development that serves as a headquarters for of the floor area is devoted to dwelling units. percent 05over in which A story within a building nterpreted by the courts.
Amendments Act as amended and iAct or the Federal Fair Housing Fair Housing Federaltogether as a household is protected by the live , and including all facilities providing lodging
to persons whose right to or treatment ,rehabilitationation, supervision, care, food, lodging, training, educhour Minn. Stat §245A.02, Subd. 2 with 24 regularly provides one or more
children, or one or more adults meeting the definition of “adult” in for gain or otherwise, thatof Minnesota, stateestablishment licensed by the A public or private use. primaryoccupancy
of a caretaker, security guard, or other person charged with oversight or protection of the use for the primarylocated on the premises of another that is related familytheir and
y GuardSecuritor ,unit or manufactured home for a caretaker, owner, operator, manager accessory dwellingOne products, on a contract or fee basis, and including pilot plant operation.n
with the objective of creating end engineering and development as an extension of investigatiofor carrying on investigation in the natural or physical sciences, or yfacilitstablishment
or other An e .Services, MajorService, Automotive Center, or Automotive Repair onal , and not meeting the definition of a Business or Professis, or other equipmentsmall engine ,upholstery)-as
televisions, washers and dryers, furniture (including re suchpounds more than 25 generally weighing llaneous repair services, primarily of products manufacturing plant or research
facility, or hotel.significant number of persons, such as a multifamily dwelling, office or institutional building, employment, or overnight accommodations for a use that provides living
facilities, primaryto a The Related Service facility shall be accessory district.same zone in the permitted or conditional useas listed is already thatuse any adult entertainment
or , but not includinganing drop off facilitiescle service-selfrecreational facilities; dispensaries and similar health care facilities; and playgrounds, playfields, meeting rooms,
exercise rooms, saunas, gymnasiums, and similar 433 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 612 48 months.) designed to occur for more than hapterdefinition in this CA substantial land alteration (see 3. acre of land being excavated or more than 100,000 cubic
yards from a single site; orf more than 20,000 cubic yards of unconsolidated sediments per Removal from the site o 2. commercial purposes;or remove unconsolidated sediments for ,Activities
principally designed to mine, extract 1. ermit:Prading Gany of the following thresholds and exceeds practices allowed through a that meets or exceeds and, or peatincluding gravel,
sAn excavation or unconsolidated sediments including travel lanes and parking lanes, but not including driveways.by motor vehicles, useThat portion of a street, common area or easement
area improved for way.-of-The unit of government having control of the right of access to a right way.-of-The lines that form the boundaries of a right or other similar use. streetscape
improvements, street furniture,, ic transmission lineintended to be occupied by a road, crosswalk, utility line, railroad, electror condemnation occupied or ,A strip of land acquired
by dedication, reservation, prescription y providing for the right of ingress to or egress from a public street.The legal authorit A retail establishment that is over 25,000 square
feet gross floor area. A retail establishment that is under 25,000 square feet gross floor area. ,000 square feet gross floor area.10is under A retail establishment that ,000 square
feet gross floor area.3A retail establishment that is under sell to customers for their own personal or household use.dinate to the selling activities; and 3) They predominantly but
such processing is incidental or subor1) They buy and receive as well as sell merchandise; 2) They may process some products, following: 434 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Definitions
Chapter 60.600 613 height.building and each of its lot lines at a given separation in linear feet, measured on a horizontal plane, required between the wall of a The steep slopes, susceptibility
to flooding, or occurrence of flora or fauna in need of special protection.s, constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soilhe preservation
and management of areas unsuitable for development in their natural state due to T determined by the City Engineer.created hazards to life or property, as -unstable soils, wetlands,
or other natural or human inundation, subsidence of the earth’s surface, high water table, or have difficult topography, , as well as properties that are subject to periodic other significant
of mature trees, stands , unstable or potentially unstable slopes, expansive soils, endangered species, wildlife habitatwetlands, threatened or significant and/or fragile environmental
qualities like Land that features n.to some persons outside the regular constituency of the organizatiohe use of land by a private, nonprofit organization to provide a public service
that is ordinarily open T ave sole private access to such space for storing personal property.for the purpose of renting or leasing individual storage spaces usedAn establishment designed
and of suspension or when the degree of slope is lessened to achieve the same result).the particles to settle out is slowed to a sufficient degree and for a sufficient period of time
to allow (Sedimentation occurs when the velocity of water or wind in which soil particles are suspended wind.have been transported by water or thatan the settling out of soil particles
shall me Sedimentation consumption.site -establishments where customers gather their own produce from the fields for purchase and off processed or packaged foodstuffs shall be sold.
Such uses also include “pick your own” rafts or commercially or baked goods, and homemade handicrafts. No commercially packaged handicother unprocessed foodstuffs, home processed food
products such as jams, jellies, pickles, sauces Such use may also involve the accessory sales of or plants. herbs,etfresh fruits, vegholiday décor and seasonal gifts, Christmas trees,
A building or structure used for the retail sales of 23.932.1 .ChMinn. Stat. 120.05, or a nonpublic school as defined in .ChMinn. Stat. A public school as defined in 435 raftAdoption
D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 614 like, vinyl, lightweight or other woven material on which a sign appears.-strip of cloth A located behind the message that illuminates the background.minated by a
light source The sign message is raised off of the sign's background and illu .belowused in the context of regulating signs, the following terms shall have the definitions shown nWhe
the exclusive use of pedestrian traffic.d for way that is designate-of- or outsidewithin located pathway or raise surface -A hard windbreaks.Shrubs are typically low growing plants
that can be used for creating hedges, screening, and for normally less than 15 feet in height. stemmed woody plants that at maturity are-Typically are multi designated by ordinance
on a river or stream, whichever is greater. nd located within 300 feet from a river or stream, or the landward extent of a floodplain La setback of 50 percent of the bLand located between
the ordinary high water level of a public water and a line parallel to it at a A bluff and land located within 20 feet from the top of a bluff. An area or facility designated or operated
primarily for the use of firearms. or other emergencies. ,danger to human life from nuclear fallout, blasts, air raids, stormsovide protection to human life during periods of A structure
or portion of a structure intended to pr number of degrees and intersecting with the ground at the lot line.A theoretical plane extending over the lot and inclined upward from the horizontal
by a designated 436 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 615 base anchored to the ground.of supporting sign resting on or supported by means of poles, standards of any other type -A self not intended to be viewed by persons
outside the building.include signs located more than 18 inches inside the outer walls of a building and and do not, in a window displayor other objects visible merchandise Signs do
not include projected images.or ,any means, including words, letters figures, designs, symbols, fixtures, colors, illuminationor walkways by ,while on public streets, highways displayed
to attract the attention of the publicis thator part thereof, situated outdoors or indoors, structure,Any object, device, display, ., illuminated channel letters, and lightboxeslightinglocated
inside of the sign structure including neon The sign is illuminated by a light source . of a building, wall, or structure iling, ground, or ceon the sideor similar work of art A painting
.ructure attached to and projecting from a wall of a building, located above an entranceA st messages that are electronically programmed or modified by electronic processes.A sign
or component of a sign that uses changing lights to form a message or series of .f shielding windows or doorways from the elementspurpose oAn awning made of cloth or permanent construction,
attached to the wall of a building, for the overhead protection to outside customer service areas.provides only thatike structure attached to or detached from the principal building
l-A roof tenant on the site.An identification sign for a commercial site with multiple tenants, displaying the names of each related to or on the premises where the sign is located.is
not or other matter that ervice, any person, product, event, sdirects attention to A sign that 437 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 616 .See also Lot Size horizontal plane. measured on a, may occurhe minimum size of parcel or tract, in square feet, on which the development of a particular use T Any
lot or parcel or combination of lots or parcels assembled for the purpose of development. ically at the sign area.The sign is illuminated by spotlights directed specif existing legal
nonconforming billboard and its supporting structure have been removed.all applicable laws upon the furnishing of proof to the Community Development Director that an s with A benefit
granting the holder of the credit the right to erect a new billboard that conform .Signs in shop windows are included .surfaceor other vertical building façade a building or an integral
part of A sign mounted parallel to .more than one sign designed to provide information to the publiccontain thatare placed in a vertical or horizontal row and thatsign structure
containing signs A depends upon a parapet wall for support. thatilding or A sign mounted on the roof of a bu .façadeattaches to and projects from a structure or building thatA sign,
other than a wall sign, . of the occupant of the lot or property -dayvehicle is used for normal thes way, unles-of-on vehicles parked and visible from the public right; umbrellas;
and signs attached to or painted (excluding banners) flagsmovable used as signs; frames; menu and sandwich board signs; balloons -or T -means of wheels; signs converted to Aby designed
to be transported, including but not limited to: signs designed to be transportedAny sign not permanently attached to the ground or other permanent structure, or a sign , and usually
transported on a trailer.tructure in some manneror attached to the sincludes a changeable message sign, either as an integral part of the structure thatfigure and portable sign with
a structure designed, in whole, to resemble an animal or other character A 438 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 617 3:1 Anatomical areas consisting of: School.does not meet the definition of a College or University or any other instructional establishment that , establishments providing
art or physical education instruction, or oolsdegree granting sch-with nonalong assistant programs; medical and paralegal or ;schoolscomputer, networking, and technology ;cosmetology
schools ;schoolslearning -distancevocational or including but not limited to basis, nical courses, normally on a fee stablishment engaged in furnishing specialized academic or techAn
e . systems and parking canopy solar systems aictSolar Collector includes agrivolMounted -Building r is an accessory use.Mounted Solar Collecto-accessory use. Building a principal orSolar
Collector may be Mounted -Ground or water heating. ,generation, space heating, space coolingis to provide for the collection, inversion, storage, and distribution of solar energy for
electricity rgy device, the primary purpose of which panel, array of panels or other solar ene photovoltaic (PV)A detachment and transport of soil particles.The removal and/or loss
of soil by the action or water, ice, gravity, or wind, including both the .in or activity space-and drop s;counselling centeralcohol, drug, or substance abuse ;life skill and personal
development programssheltering; daytime or overnight clothing, ,aid through the provision of food ;skill development ;counselling ;ervicesServices may include but are not limited to
information and referral s organizations.making -compensation, or at a fee recognized as being significantly less than charged by profitsocial or welfare services to those in need,
for no fee or sprovide nt thatstablishmeAn e 3 feet horizontal to 1 foot vertical slope = 3:1 = magnitude.An incline from the horizontal expressed in an arithmetic ratio of horizontal
magnitude to vertical standards. UDCosed development will comply with the propto provide the necessary information needed for an approving authority to decide whether the may consist
of both drawn and written materials whose purpose is thatAn integral set of documents 439 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 618 Food is served on ceramic, porcelain, glass or similar table ware. 4. .restaurant buildingsumed within the cafeteria type operation where food and beverage generally
are con A 3. and/or ;the food and/or beverage are consumed wherecounter ustomers, are served their food and beverage by restaurant employees at the same table or C 2. oyee from menus
at the table; and/oremplCustomers may be seated by a restaurant employee and place their order to the restaurant 1. following characteristics: of the f operation includes two or moreready
to consume state, and whose principal method oof food and/or beverage to customers in a business is the sale primaryAn establishment whose Development Director.Department of the City
under the supervision of and subject to the authority of the Community Community Development Development Director and all employees of the The Community Human excretion, urination,
menstruation, vaginal or anal irrigation. 7. human being; orErotic or lewd touching, fondling, or other sexually oriented contact with an animal by a 6. binding or other physical restraint
of any such persons; or torture, fettering,sexually revealing costumes, and who are engaged in activities involving the flagellation, Situations involving a person or persons, any of
whom are nude, clad in undergarments or in 5. nitals, pubic region, buttocks, or female breasts; orFondling or touching of nude human ge 4. Use of human or animal ejaculation, sodomy,
oral copulation, coitus, or masturbation; or 3. oror tumescence; arousal,Clearly depicted human genitals in the state of sexual stimulation, 2. piquerism, zooerasty; ordophilia, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pesex, anal anilingus, sexual relationship, and any of the following sexually oriented acts or conduct:of a sexual relationship,
or the use of excretory functions in the context of a in the context or torture flagellation,copulation, bestiality, direct physical stimulation of unclothed genitals, Actual or simulated
sexual intercourse, oral copulation, anal intercourse, oral anal 1. Activities consisting of the following: Human male genitals in a discernibly turgid state, even if completely and
opaquely covered. 2. female breast(s) below a point immediately above the top of the areola; andletely and opaquely covered human genitals, pubic region, buttock, anus, or Less than
comp 1. 440 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 619 a name.y diagonal or curvilinear roadway more than 1,000 feet in length and generally designated b A County.or Olmsted ,roadway constructed on private land and not
maintained by a city, township A a name.et in length generally designated by short curvilinear or diagonal roadway less than 1,000 fe A special scenic route or park drive generally
designated by a name. A designated by a name.sac that is not interrupted by a through roadway and generally -de-roadway ending in a cul A curvilinear roadway of more than 1,000 feet
in length and generally designated by a name. A same roadway and generally designated by one name throughout its entire length.aving a horseshoe shape and whose terminus point begins
and ends at the roadway h A generally designated by a name.roadway containing a closed loop that is not interrupted by a through roadway and A roadway divided by a landscaped center
island and generally designated by a name. A signated by a number. line,roadway aligned in a north and south direction, conforming to the appropriate address grid A the definitions
shown below.the following terms shall have , ublic or private roadwayspdesignating used in the context of nWhe not bluffs.are l distances of 50 feet or more thatover horizonta percent
ands having average slopes over 12L 441 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 620 A street owned and maintained by one or more private property owners. related facilities.and ,and pedestrians, including roadway, boulevard, medians, islands, paths,
sidewalks ,vehiclesmotorized -of motor vehicles, nonA strip of land used or intended to be used for the passage or travel feet below grade at any point.of the total perimeter, or not
more than 8 percent feet below grade for more than 50four more than a first story, provided such floor level is not building having only one floor level shall be classified as qualifies
as a story, as defined herein, except that a floor level in a thatThe lowest story in a building unused under floor space shall be considered as a story.r of the total perimeter or
is more than 12 feet above grade at any point, such usable o than 50feet above grade for more level directly above a usable or unused under floor space is more than sixIf the finished
floor t floor and the ceiling or roof above.between the upper surface of the topmosthe floor next above, except that the topmost story shall be that portion of a building included
That portion of a building included between the upper surface of any floor and the upper surface of regulations and standards. process and calculations performed to design a development
in compliance with applicable The stormwater management plan also presents the engineering quality, conveyance, and flooding.ulations, and standards related to water mitigation necessary
to meet applicable ordinances, regAn engineering analysis that describes the effect of development on an existing landscape and the trailers.-or truck ,trailers-devices, semiontainers,
containerized storage cargo containers, temporary storage containers, portable storage cStorage containers are also referred to as containers that are used for the collection of solid
waste.or roll off ,dumpsters hobby storage,, garden, or household typically used forsheds d prefabricateThis definition excludes warming sheds at city parks and schools, trailer used
for transport.wheels and is licensed as a vehicle or a unit that must be trucked to a site and removed from the contained unit that includes -ontainer may be a selfA storage c attached
foundation or footings.are periodically removed from a property by truck and are considered a structure without any Storage containers are individual units that . and is intended to
be used for storage purposes building primary rt of anot pathat is or other construction materials, fully enclosed structure made of metal A and generally designated by a number. line,west
direction, conforming to the appropriate address grid -roadway aligned in an east A 442 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 621 cal feet for any portion of a parcel; orexisting grades of ten or more verti-A movement of 500 cubic yards or more of earth that involves a change in natural or pre
4. height occurring at any time during or following excavation;slope steeper than 3:1 that is over ten feet and less than 25 feet in An exposed bedrock 3. cubic yards of earth material
per acre; gross and less than 20,000cubic yards of earth material per acre gross The removal from a site of more than 10,000 2. ng activities designed to occur for more than 24 months
and less than 48 months; Gradi 1. ermit:Pading rGallowed through a A development activity that meets or exceeds any of the following thresholds and exceeds practices the entire breadth
of the lot.a is separated by anything other than simple planes across he platted areA subdivision where t and/or residential units.to be located within a separate legal parcel, and
not to subdivide individual tenant spaces ical subdivision is intended to allow each vertical component of the lot extent of the lot. The vertplatted area is vertically separated by
simple planes across the entire A subdivision where the 462.352 (sub. 12). .ChMinn. Stat. thereof, except for those subdivisions exempted by or any combination or alleys, for residential,
commercial, industrial or any other use roads,streets, term leasehold interests where the creation of the leasehold interests necessitates the creation of or tract of land into two
or more parcels, tracts, lots, or into long ,parcelhe separation of an area, T premises for an undetermined length of time.not designed for attachment to the ground, to another structure,
or to any utility system on the same is thatis designed to be transportable and thaton or footings A building or structure without foundati installed on, above or below the surface
of land or water.A combination of materials to form construction for use, occupancy, or ornamentation, whether of the roof or exterior walls. any change in the dimension or configurationAny
change in the supporting members of a building, such as the bearing walls, beams or girders, or .that has been dedicated for public use way-of-eet established on a rightA str 443
raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.60 622 antennas are not considered to be wireless telecommunications utilities. commercial or broadcasting-similar services that are marketed to the general public. Nondio
(ESMR), paging and ilized raspecialized mobilized radio (SMR), enhanced specialized mobl communication services (PCS), telecommunication services including cellular, persona/or other
accessory development in order to provide or cabinets, parking area, andbuildings equipment telecommunications tower or similar structures supporting said equipment, horns, and other
types of equipment for the transmission or reception of such signals, telecommunications antenna. It may include: antennas of all kinds including microwave dishes, A facility that
transmits and/or receives signals or waves radiated or captured by a wireless definitions shown below.n the context of regulating telecommunications, the following terms shall have
the used i nWhe decoration.Creation of an opening in the body of a person for the purpose of inserting jewelry or other 2. any person, using ink or other substances that result in
the permanent coloration of the skin; n of The placement of designs, letters, figures, symbols, or other marks upon or under the ski 1. business activity is the practice of one or more
of the following: primaryAn establishment whose nd located adjacent to said swimming pool.above the natural grouA swimming pool whose exposed sides have a height of more than 24 inches,
but less than four feet said swimming pool.imming pool whose sides are not exposed and are below the natural ground located adjacent to A sw located adjacent to said swimming pool.A
swimming pool whose exposed sides have a height of four feet or greater above the natural ground ining water to a depth at any point greater than 24 inches.building and capable of
contaor open tank not located within a completely enclosed ,private recreational pool, pond, lake AAny movement of earth on the entire parcel in excess of 100,000 cubic yards. 5.
444 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions 0
Chapter 60.600 623 antenna.supporting three or four sided, open, steel frame tower used to mount an -A guyed or self an antenna.part, by guy wires and ground anchors used to mount A
tower that is supported, in whole or in apparatus above grade.of mounting an antenna, meteorological device, wind energy conversion system, or similar ing supporting lines, cables,
wires, braces, and masts, intended primarily for the purpose includAny ground or roof mounted pole, spire, structure, or combination thereof taller than 15 feet, associated equipment
cabinet(s)., and includes CWTScell -and does not exceed 35 feet in height for a freestanding smaller than four feet long each, has three or fewer antennas, no great CWTScell -capacity.
A smallthat is designed to act as a booster site that provides increased localized network CWTSA collapsed monopole tower as a result of a structural failure.n all the pieces of a
area of land identified by a registered engineer that will completely contaiA graphically represented, geographically identified boundary that encompasses the predicted quipment used
by wireless telecommunications services.ed related electrical A cabinet, structure or building that houses telecommunications an . CWTSdesign, and shape, and that does not visually
stand out as a uildings, structures, and landscaping, including height, color, style, massing, placement, bthat is aesthetically integrated or otherwise consistent with surrounding
existing CWTSA The support structure may be a wooden pole, steel monopole, lattice tower, or similar structure.nnas, and associated equipment. A CWTS that consists of a standalone
support structure, ante telecommunications services. mounting wireless telecommunications antennas by more than one provider of wireless , including a public utility structure, for
as other CWTS cturethe same stru A CWTS located on 445 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 624 and as open area for parking structures.between interior and exterior. Measured as glass area for buildings, glass or screen area for porches all allowing light and
views he ability to see through with clarity. An opening in the building wT uthority of a public street.Aoad RThe traffic engineer for the applicable and/or other similar court games.
handball,squash, e recreational use of tennis, indoor or outdoor facility designed with courts specifically for thAn the owner of that property. For the purposes of public notice,
any leaseholder, resident, or occupant at an address who is not .any permanent building or structure ofshall not involve the construction or alteration permit upon the expiration of
such time. A temporary applicable zoning district established for a fixed period of time with intent to discontinue such use does not conform to the regulations of the that rd in a
manneusepermit that allows property to be A on the same premises for the purpose of occupancy for more than 30 consecutive days.is not attached to the ground, to another structure,
or to any utility system thate transportable and bis designed to thatAny tent, recreational vehicle or other temporary structure used for human shelter as monopoles, masts, poles,
or guyed towers) and lattice construction steel towers.but are not limited to, freestanding poles (such antennas. Examples of such structures include,. A structure intended to support
wireless telecommunications CWTSA component of a . communications tower abut not including whips), directional antennas (such as -s) and omni(such as panels, microwave dishes, and
satellite dishesignals), or other commercial signals. It includes, but is not limited to, directional antennas electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar es or captures tower, building, or structure and used in communications that radiat. Any exterior transmitting or receiving device that may be mounted on a CWTSA component
of a used to mount an antenna.ut guy wires and ground anchors A tower consisting of a single, enclosed pole, constructed witho 446 raftAdoption D –June 2022 Unified Development
Code Rochester, Minnesota Definitions
Chapter 60.600 625 land or buildings are occupied or maintained.or intended, or for which ,The purpose or activity for which land or buildings are designed, arranged designed for the
conduct of active or passive recreation.residential use and primaryA space provided as an accessory use on the same lot or site as a Code of Ordinances.Rochester provisions of the
applicable with all ycomplt mus All such activities. keeping of any large animalsthe or does not include slaughtering or selling meat but for the purpose of producing eggs, chickensand
for the purpose of producing honey includes the raising of small animals like bees culture AgriUrban and sale of food products from food grown on the premises. use may include the
productionThe cultivation of food and/or horticulture crops, aquaponics, aquaculture, and/or hydroponics. Such ommercial to industrial development.from residential to commercial development,
or a shift from cby an increase in density, a broadened range of authorized uses, an increased floor area ratio, a shift More intensive development is indicated nge in zoning allowing
more intensive development.A cha control the erosion of soil from the site.To 3. that are a hazard, or of dead trees o trim or remove dead trees or partsT 2. ,ecessary to limit the
spread of disease and noxious weedsN 1. :woodland growth shall not be removed except through actionsground cover and plant or the natural , in whichrea of special site preservation
to qualify for floor area or density bonusn aA in plantings. aesthetic purposes, where they are used for variety and ly under the canopy of larger treesshade and grow naturaloften
prefer or plantings ssized tree-to mediumThese small 30 feet in height.between 15 and will normally be ,t maturitythat, a trunks stem-Plantings or trees that consist of single or
multi .parking lotof the end parking lot designed to allow for the backing of vehicles at the end -An area at the end of a dead or the rental/leasing of automobiles or two axle trucks.
,such as freight forwarding, parking servicesent of persons and goods movements, stablishment furnishing services related to the arrangemAn e 447 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Definitions
Chapter 60.600 626 ighway and Htate Sssociation of American apply A ,specific basis-n a siteo ,Engineer maythe City As an alternative to Subsection a, from the point of intersection
of the driveway and lot line.eway and lot line intersection of two streets, or by joining points measured 10 feet back along a drivtriangular area formed by joining points measured
30 feet along the property line from the The or proposed building project by registered land survey. buildingdimensional subdivision of space into separate ownership parcels within
an existing -The three .definition A single instance of incidental breeding of a household animal is not included in this or breeding services. ,grooming along with those providing
animal related services such as kennels,or surgery, ,stablishment engaged in the practice of veterinary medicine, dentistrye commercial A .applicable zoning districton, from the regulations
of the Any deviation, other than a minor modification or a major modificati .110 KV of power overthat transmit s transmission lineand related underground and aboveground pipes and wires,
but excluding electric power ll, water and sewer pumping stations, boxes, gas regulator stations, telephone service boxes, and webut not limited to electric transformer stations and
service including the site on an ongoing basismployees located at e , and that typically do not haveonly minor accessory structuresinvolves that Equipment necessary to support utility
services to development within the immediate vicinity and (WECS). SystemConversion Wind Energy Mounted -or Building -or GroundMounted Solar Collector, -or Building -othermal Energy
System, GroundMajor Utility does not include Ge .area or a large number of peoplethat enable the provision of utility services to large geographic facilitieslarge and other , KV of
power110 overthat transmit , electric power lines , regional stormwater detention pondsreservoirsground -or below -above, sewage treatment plants, water , electric substations, stationsgas
regulating natural towers,but not limited to water including the site on an ongoing basisemployees on sometimes haveructures, and that normally entails construction of new buildings
or stA facility providing an important regional utility service, such as water, sewer, or drainage, that he primary use of land or buildings as distinguished from subordinate or accessory
uses.T A use of land that is secondary and subordinate to the primary use of land. 448 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 627 a density of twenty trees or more per acre with a caliper of eight inches or more.ea of planted material covering one acre or more with a minimum dimension of 66 feet,
having An ar energy. A wind turbine consists of a rotor, nacelle, tower and supporting cables, and foundation.A machine used to produce electricity by converting the kinetic energy
of wind to electrical o electrical energy”) (MR 7836.0100).wind energy tdevice such as a wind charger, windmill, or wind turbine and associated facilities that converts 116C, as amended
(“… any .ChMinn. Stat. A wind energy conversion system as defined in initions shown below.have the defused in the context of regulating wind energy conversion systems, the following
terms shall nWhe merchandise to, individuals and companies.serve as agents or brokers buying merchandise for, or selling that, or individuals or firmsinstitutional or professional
business customers, or to other wholesalers, or on a mail order basis to stablishment engaged primarily in selling merchandise to retailers, or to industrial, commercial An e 0.111.-6420
bogs, and similar areas as identified in Minnesota Rule, partarshes, typically adapted for life in saturated soil conditions. Wetlands generally include swamps, mufficient to support,
and that under normal circumstances supports a prevalence of vegetation sAn area that is inundated or saturated by surface or ground water at a frequency and duration boathouses, gazebos,
screen houses, fish houses, pump houses, and detached decks. including but not limited to setback buildingc waters than the normal located closer to publi, because of the relationship
of its use to a surface water feature, reasonably needs to be thatwalls, small above ground building or other improvement, except stairways, fences, docks, and retaining A The vertical
exterior surface of a building. use trail.-multia sidewalk, bikeway, or meet the definition ofnot that doesor bicycle way for pedestrian -of-A right visibility.specific evaluation
of intersection -ased on a sitestandards b fficials (AASHTO)Oransportation T 449 raftAdoption D –June 2022 Unified Development Code Rochester, Minnesota Definitions
Chapter 60.600 628 part of this UDC. considered a. The zoning map is listed in this UDC the boundaries of the zoning districts ingshowap or maps The m of the zoning certificate authorizing
the development.parcel of land to commence, based upon a finding that the development is consistent with the terms building or on a a use of a Community Development Director permittingA
documen or licensed day care facility. library,A public playground, public swimming pool, public defines the required yard area. thatne at a distance therefrom equal to the depth of
the minimum required A line drawn parallel to a lot li The shortest distance between a lot line and a wall of a building located on the lot. .UDCunobstructed and open to the sky except
as may be specifically provided for in this Such yard is est lot line.building and the near primaryA ground level open space that lies between a 450 raftAdoption D –June 2022 Unified
Development Code Rochester, Minnesota Definitions
Comprehensive Plan is 629 2019Oct SessionStudy 2022May SessionStudy 2021Dec SessionStudy 2021August Study Session Dec 2020 SessionStudy May 2021 SessionStudy Today UDC Project Timeline
July 2022-May 2022 EngagementUDC Final Draft Est. January 2023 UDC Implementation 2022September Est. UDC Adoption May 2022 Draft ReleaseConsolidated UDC February 2022-December 2021
Engagement Pt 2UDC September 2021-May 2021 Engagement Pt 1UDC 2021November ReleaseInstallment 3 UDC 2021May 2 ReleaseInstallment UDC 2020September ReleaseInstallment 1 UDC 2020January
off-KickUDC Project 2014 off-Project KickPlan Comprehensive January 2017 Updatefor Zoning Ordinance CIP Funds Allocated 7,000 individual opinionsEngagementComprehensive Plan January
2018 off-KickTOD/R2X Project Summer 2019 ApprovedTOD/R2X April 2018 Adopted
1 630 congestion downtown. accommodate the types of circulator busses and parking garages needed to avoid traffic oriented village district to better-created in 2019 have been expanded
to include a transitoriented node subdistricts -transitoriented corridor and -The transitprocess in the current LDM. consuming and unpredictable “Restricted Development” -without the
need to complete the timehave been restructured to allow easier creation of mixed business/residential developments districts zoneoriented, and downtown -business, transit current
sevenThe :Use Districts-Mixed · .districts allows a wider variety of housing than permitted in the LDM zone, each of these order to promote the construction of more affordable housingIn
carried forward.development near downtown has been created in 2019 to promote infill district -he RT 4. -Rresidential) has been consolidated into -district (CDCand the residential
edges of the downtown 2, -1x has been merged into R-; R1-into RSa has been merged -R. sixresidential districts into ninecurrent UDC reduces the the Through consolidation of similar
districts,Residential Districts: · more difficult to understand and administermake the LDC that Planned Unit Developments and Special Districtsmany of the current reassito districts
will allow the City zoneIn addition, the new lineup of City hoped to see have been eliminated.used or were not producing the kind of development the combined, and some districts that
were not districts have been ingzonSimilar use development-asis on allowing mixedand place greater emph ,districts ingzonup of -to simplify Rochester’s line ecommendationplan r P2S
implements theThe UDC Districts ZoneChapter 200: link reference-a cross none click oare accessible with parking, landscaping, and morerequired standards, such as important Othercity.
district in the ingdistricts are communicated in a table that allows easy comparisons across all zon ingzon, and the allowed uses of land in each by drawings rather than textdistrict
is conveyed ingzoneach Basic information about the permitted height, setbacks, and layout required in convey information. to illustrationsand arts, tables, hcmore questions. It
also includes ingzonanswer the most frequent ized to and organ, drafted in plain language, shorterThe new UDC is . and industry jargon languagewith lots of legal document heavy-textvery
LDM is . The regulations Rochester’s development of to the organization and layout updateshe UDC makes important Tthe current development regulations. The secondary goal of the UDC
is to improve the user friendliness, transparency, and predictability of iendliness-User subdivision use development-mixed more allowingand different lifestyles,promote affordability
and types to housing allowing a wider variety ofnetwork, support a successful transit enabling the densities that ;Those goals includerules, incentives, and procedures with the planning
goals outline in P2S. ingzon(P2S) comprehensive plan, which was adopted by City Council in 2018 by aligning Rochester’s Succeedis to support implementation of the Planning 2 of
the Unified Development Code The major objective hange the current Land Development Manual (LDM)? cWhy Summary of Changes in the UDC
2 631 e current 11 current bufferyard “indicators” and 16 different “classes” and 5 development. Thand mandatory planting requirements for most , parking lot landscaping, bufferyards)(
along side and rear lot lines splanting for street frontage landscaping, buffer standardsare negotiated through the approval process. The UDC includes objective because the details
weak and outdated, in part The LDM standards for landscaping are yardsBufferLandscaping & to the layout and quality of development. chapter includes all of the regulations related
hisTlighting can be installed. types of required, and whatlandscaping is open space and (if any), how much parking is requiredw much buildings can be, hospace is required between
buildings, how tall the ow much types of sensitive lands must be avoided, hwhat to implement the P2S planning goals. That includes and builtorganized must be development , the UDC
clarifies how the zone districtsare allowed in which land uses Once it is clear which and Incentives Development StandardsChapter 400: name every individual land use that may arise
in a rapidly changing economy.d use impacts, rather than trying to categories that have similar lan uses into broader, more flexiblehousing uses than the current LDM. Finally, the
UDC groups -range of housing and nonbroader allow a Mixed Use districts In addition, most of the districts. ingzonseveral Residential in diverse housing typesthe UDC proposes ,allowing
a wider variety of more affordable housingthe P2S goal of To support store, limit hours of operations, or require additional design featuressize of the , limit the treetsFor example,
standards may prevent location on a small neighborhood neighborhoods. designed to prevent adverse impacts on surrounding ecific Standards” -will instead be subject to “Use hearings,
but will no longer require Commission or City Council Zonehearings before the Planning and that currently require a one or more Many uses specific standards. -many uses are accompanied
by use, and nd food trucksriculture, arban aguhave been added, including artisan manufacturing, New uses .district zonein every (or not allowed) consolidated list of each use allowed
simpler much d leads to inconsistencies over time. The UDC replaces those individual lists withdistricts an zonefor each district, which makes it difficult to compare allowed uses
across different allowed uses of table The current LDM has a separate ). hearing required(no hearing required) or a conditional use (either as a permitted use –district land uses
that can occur within the district has a list of ingzonEach UsesAllowed Chapter 300: parking regulations.downtown parking have been eliminated because those issues are now addressed
in base y. Two current overlay districts related to promote greater transparency and internal consistenc, which are currently regulated through freestanding ordinances outside the LDM,
to usesland conditions. The UDC adds two new districts to address historic preservation and airportical dge geologEcorah shoreland protection, and Dedistricts address flood prevention,
Three current overlay district regulations. zoneor special facilities, and supersede the base districts are designed to protect natural resources zone These “second tier” Overlay
Districts: · .pmentloyment lands for housing develoss of valuable empand to prevent the sparkbusiness manufacturing and in order to better accommodate current trends in not alloweddistricts
where housing is generally The UDC restructures the three :rictsResidential Dist-Non ·
3 632 Procedures ing area.align with the character of the surroundsite signs have been updated to better -, and the standards for onhave been carried forwardbillboards site -offstrictions
on . Recontentsign regulation on the basis of prohibit that rulings Court SupremeU.S. The Signs section of the UDC has been rewritten to comply with recent ignsS .called for in adopted
planscations in those lo use trails-sidewalks, bikeways, and multithe installation of street connections, statements to “encourage” connectivity have been replaced by objective standards
requiring Vague LDM ties of walking and bicycling as alternatives to car travel. expanding opportunistrengthening the transit systems and upports the City’s focus on sof the UDC section
This n Access and Connectivity residential development throughout the city in order to improve design quality-use and nonalized to apply to mixed (which now only apply downtown) have
been gener Design GuidelinesDestination Medical Center District A number of the design principles in the simpler system. and replaces the current site capacity calculation with a much
open spacesite -related to onards overlapping standand reconciles consolidateThe UDC and buildings must be designed. As with landscaping, the current LDM has numerous standards addressing
how individual sites Building Design andSite negotiated agreements.requiring rather than bonus, each earnobjective standards to There aree infrastructure. lsustainab(5) public amenities,
and ; (4)historic preservationdevelopment; (3); (2) sustainable restricted affordable housing-ncomeintensity, or procedural incentives: (1) Ireceive height, consolidates and simplifies
these into 5 categories of development that may The UDC have been adopted over time to encourage favored types of development. The LDM includes 32 different incentives that are scattered
throughout the document and that vesIncenti the maximum amount of parking that can be required. on limits spaces to 1, although builders may still provide 2 spaces if they choose.
For larger uses, there tantly, the minimum parking required for most types of housing has been reduced from 2 Impor for many permitted and conditional usesreduced parking requirements
resulted infor a detailed reevaluation of parking standards to avoid these impacts, and that work has tandards are a major contributor to housing cost. Rochester’s P2S plan calls minimum
parking s residential neighborhoods from “overflow” parking from nearby commercial areas, excessive site parking is sometimes required to avoid traffic congestion and to protect -While
on Parking which allows for creativity in design., each of ryard different “optional” standards have been consolidated into four types of buffe
4 633 rn an Incentive under the UDC.that would public benefits he five types of one of t providingsame result could be achieved by , or if the (including the Minor or Major Adjustment
Process) achieved through other UDC toolsCity will only consider applications for negotiated development when the same result cannot be ent option. The projects, is being replaced by
a much narrower Unique Developm developmentsignificant mostwhich is now frequently used for –The Restricted Development process · to promote infill development and creative development
design called for in the P2S plan.sary types of conditions. Both the Adjustment procedures allow for the types of flexibility necesdeviations from those numerical standards (generally
limited to 25%) to compensate for similar process allows the Planning and Zoning Commission to approve larger A new Major Adjustment · .conditionsor other ) to compensate for unusual
site 10%, and generally limited to UDC standards (such as setbacksa list of numerical deviations from Minor Adjustment process allows Planning staff to approve defined levels of minor
A new · neighborhood.significant number of citizens who care about their neighborhoods but do not own homes in the , which improves engagement and equity for the surrounding the proposed
developmentrequired to be sent to tenants as well as property owners arenotices addition, under the UDC on engineering and architectural services. In proposals before they have spent
significant fundsnts can rethink and adjust their neighborhoods are often more productive, because applica. Early discussions with requiring Neighborhood Information Meetings early
in the processOpportunities for public engagement have been clarified, with more types of development · dability of the City.impact the future growth, sustainability, and affor(subject
to appeal), while City Council will focus on those key decisions (including rezonings) that and Development Standards will be made by City staff Specific Standards-the new, updated
Useiance with Planning and Zoning Commission, or City Council. Decisions that only require complby a simple table that indicates whether the approval decision will be made by City
staff, the 3 (Phase 1, Phase) hierarchy of land use approvals has been replaced ypeT ype1, T ypeThe T · achieve that result in Rochester, the UDC recommends several important changes:To
standards that require less time and fewer hearings and that produce more predictable outcomes.with more objective –o both builders and citizens which turn out to be unpredictable
t –approval consuming negotiated approaches to development -most cities are working to replace these timenegotiations for projects that differ even slightly from the LDM zoning standards.
Throughout the U.S. s extensive percentage of developers chose to use the Restricted Development process, which require; because outcomes under the LDM were unclear, a high due to
the age and complexity of the LDMthan development codes for other cities of the same size. In part, this is hearings before the same body, c hearings on proposed development, and sometimes
repeated The current LDM requires far more publi
634 Business Park-BP 3-M IndustrialSpecial -SI 2-M Light Industrial-LI 1-M Non Residential Districts Business-MXD Business-CDC -MX -CDC D Fringe-MX Fringe-CDC High Density Residential-4-R
Residential-CDC Downtown Districts T Village-MX - T Node-MX TOD Node T Corr-MX TOD Corridor Transit Oriented Districts
Mixed Use Institutional-I-MX MRD Mixed Use Center-C-MX - Mixed Use Neighborhood Scale-N-MX 5-B Mixed Use General-G-MX 4-B Mixed Use Neighborhood Scale-N-MX 2-B Mixed Use
Street Oriented-S-MX 1-B Mixed Use Districts High Density Residential-4-R 4-R Medium Density Residential-3-R 3-R Low Density Residential Infill-2x-R 2x-R Density Small LotLow -2-R 2-R
Low Density Small Lot-2-R 1x-R Mixed Single Family-1-R Sa-R Mixed Single Family-1-R 1-R Agricultural-AG AG Residential Districts Unified Development Code Land Development Manual Core
Districts LDM to UDC Zoning District Conversions CommunityDevelopment@rochestermn.gov Email: 2401-328-507 Fax: 2950-328-507 Phone: 7090-Rochester, MN 55901 4001 W River Parkway NW,
Suite 100 City of Rochester, Minnesota
Special Districts 635 1-R Windamere Woods 001SD-R2016 N-MX Chateau Circle 002SD-R2015 2-R Fox Hill Villas 001SD-R2015 1-2, R-R Fox Valley Villas SD 25 2-R Orchard Hills SD 24 G-C,
MX-MX4, -3, R-R Riverfront Commons SD 21 3-2, R-R Hadley Creek SD 19 S-C, MX-3, MX-2, R-R Harvestview II SD 16 2-R Valleyside Estates SD 15 S-2, MX-R Pebble Creek SD 14 C-MX Mayo Support
Campus SD 13 C-3, MX-R Harvestview I SD 12 1-R Street Estates th 55 SD 7 I-MX MN Bible College SD 6 AG Historic Campus SD 5 1-R Fox Knob Villas SD 4 1-R Fox Croft SD 2 C-G, MX-MXS,
-N, MX-MX2, -1, R-R Arboretum SD 1 UDC Zoning: :Special District Name Designation:
Planned Unit Developments 636 2-R MeadowsLakeview Homes of Green 009PUD-R1983 2-R La Questa North Condos 012PUD-R1983 COR-MXT IRET Properties 94-PUD R 2-R Homestead Trails 011PUD,-R1977
1-R Hindu Samaj Temple 002PUD,-R1980 2-R High Springs 006PUD-R1980 D Fringe-MX High Point Condos 002PUD-R1977 1-R Hiawatha Adult Home 014PUD-R1980 1-R Subdivision st Hiawatha 1 005PUD-R1974
3-R Heritage Manor 001PUD-R1966 1-R Head and McMahon Addition 009PUD-R1982 2-1, R-R Hampton Rhodes 002PUD-R1992 2-R Green Meadows West 012PUD-R1977 2-R Green Meadows Fifth Condos 006PUD-R1974
2-R Frana 1st 004PUD-R1981 N-2, MX-R Ferndale 007PUD-R1980 2-R Torrens-Feather Sound Condos 003PUD-R1975 2-N, R-MX Evergreens Garden 005PUD-R1982 3-1, R-R Essex Estates 002PUD-R1990
2-R Elton Ridge 1st Replat 008PUD-R1982 1-R Country Club Estates Second 97-PUD R 4-R Condos of Bueno Vista 008PUD-R1980 1-R Cheval Estates 004PUD-R1990 3-R Center Street Village 007PUD-R1977
C-3, MC-R Candlewood 007PUD-R1974 3-R Bluegrass townhomes 011PUD-R1984 2-R Birchwood Knoll 006PUD-R1983 3-R Belle Meade Plantation Condos 002PUD-R1982 2-R Bear Creek Court Replat 001PUD-R1982
G-MX Barclay Square First Replat 010PUD-R1981 3-R Auburn Place 003PUD-R1980 G-MX Arend Dalsbo Addition 011PUD-R1981 G-MX Apache Mall 017PUD-R1965 FringeD -MX Alatus Folwell Addition
001PUD-R1981 UDC Zoning: PUD Name Designation:
R1980637 N-MX The Stone Barn (Toogood) 005PUD-R1980 2-R The Meadows 1st 002PUD-R1978 3-R The Hylands 010PUD-R1978 1-R The Aspens 012PUD-R1984 1-R Teton Court 100-PUD R 2-R Tealstone
003PUD-R1984 S-MX T S P Replat 19-PUD R 3-2, R-R Summit Square Manor 013PUD-R1977 2-R Stone Barn Estates 007PUD-R1984 2-R Stevens Court 005PUD-R1984 2-R Southwood Replat 005PUD-R1983
3-R Southgate Circle 009PUD-R1981 3-2, R-R Silver Acres Phase II 003PUD-R1968 N-MX Seville Subdivision 011PUD-R1975 2X-R Samaritan Bethany 006PUD-R1977 2-R ThirdSalem Sound 005PUD-R1991
2-R Salem Point 007PUD-R1996 2-R Rolling Meadows 013PUD-R1984 3-R Rochester Villas 3-PUD R Fringe-MXD Rochester Hotel Partners 001PUD-R1998 2-1, R-R Riverview West 002PUD-R1986 D Fringe-MX
RHP Hotel Subdivision 004PUD-R1987 2-R Pinewood Manor 008PUD-R1978 3-R Pennington Third 008PUD-R1973 3-R Pennington First/Second 002PUD-R1972 C-MX 069274Parcel: 30-PUD B 2-R Oakcliffe
007PUD-R1979 2-R Northridge Village 009PUD-R1979 2-R Northridge Village 009PUD-R1979 4-R Northgate Plaza 1st Subdivision 002PUD-R1976 N-2, MX-R North Circle Condos 010PUD-R1979 G-MX
Miracle Mile 001PUD-R1972 1-R Minnesota Teen Challenge 015PUD-R1973 3-R th Meadow Park 6 006PUD-R1973 3-R Madonna Towers 005PUD-R1979 -MXD Lourdes High School 005PUD-R1986 3-R Liberty
Manor 002PUD-R2002 N-MX Lemke Subdivision 013PUD-
R1985638 2-R Woodhaven 001PUD-R1980 2-R Wimbledon Hills 004PUD-R1995 2-R Westminster Square 004PUD-R1974 2-R West Gables Town Homes 013PUD-R1979 N-2, MX-R Walden Subdivision 001PUD-R2000
3-R Viking village 001PUD-R1973 N-3, MX-2,R-1,R-R Valhalla 001PUD-R1968 2-R Townhomes of Lakeview 012PUD-
1 639ps/OlmstedCountyGISMap/https://gweb01.co.olmsted.mn.us/WebApInteractive Olmsted County Zoning Map:H Holding ZoneSI Special IndustrialLI Light IndustrialBP Business ParkR-4 High
Density ResidentialR-3 Medium Density ResidentialR-2x Low Density Residential InfillR-2 Low Density Small LotR-1 Mixed Use Single FamilyMX-T Transit Oriented Development VillageMX-T
Transit Oriented Development NodeMX-T Transit Oriented Development CorridorMX-D Mixed Use Downtown MedicalMX-D Mixed Use Downtown FringeMX-D Mixed Use Downtown BusinessMX-I Mixed Use
InstitutionalMX-G Mixed Use GeneralMX-C Mixed Use CenterMX-S Mixed Use Street OrientedMX-N Mixed Use Neighborhood ScaleAG Agriculture UDC_Zoning UDC Proposed ZoningLegend Esri, HERE,
Garmin, (c) OpenStreetMap contributors, and the GIS user community 4
640 6pm –2 220 ,August 10CPZC Meeting Minutes additional changes/modifications done in the last month. Schubring inquired about erCommission Mayo Special District/Institutional
Overlay. Hearing process, and the on Special Districts, changes to the Public provided clarificationRyan Yetzer with the adoption of the UDC.being removed trict; Pebble CreekDisSpecial
the Julie Leitzen addressed spoke to his concern regarding the changes to public hearings.Barry Skolnick Barb Hudson voiced her concerns regarding the UDC and Heritage Preservation.
some of the changes that will occur upon adoption. e and presented an overview of the Unified Development CodShindelar -Ryan Yetzer and Emma Miller district.The UDC will rezone all
properties from their current zoning district to the most applicable UDC zoning Development Manual, applicable Special Districts ordinances, and Planned Unit Developments ogoals in
P2S Comprehensive Plan. The Unified Development Code will replace the Current Land Rochester’s development practices into the 21st Century and promote the Development Code will bring
The Unified -Unified Development Code (UDC) Zoning Ordinance Adoption and Zone Change ublic HearingsP None Reports and Recommendations 0-6Approved .Schubring Second by Commissioner.
to approve minutes Hossain CommissionerMotion by :estuniM ,, 2022ly 13Ju Acceptance of minutes: 0.-6Approved . HossainCommissioner Second by to approve order of agenda Schubring
Motion by Commissioner Order of Agenda: Opportunity:Public Comment , City AttorneyCarlsenBrent Shindelar-Allison Sosa, Planning Supervisor, , Deputy Director, Ryan Yetzer: Staff
, and Maggie BrimijoinAaron Eberhart, Alissa Moe :AbsentMembers Crawford, Joanne , Ruchi GuptaAsif Hossain, Robert Cline, Randy Schubring, Krystal Jorgenson :PresentMembers http://rochestercity
mn.iqm2.com/Citizens/Default.aspxMeeting can be viewed in its entirety by visiting anning and Zoning Commission. the City Pl be official until approved bynutes will not DISCLAIMER: Meeting
minutes herein area a summarization of meeting procedures, not a verbatim transcription. These meeting mi pm6 – 2220 ,August 10 Regular meeting Commission Minutes City Planning and
Zoning
641 6pm –2 220 ,August 10CPZC Meeting Minutes p.m. 7:05adjourned the meeting at JorgensonChair unanimously.Motion carried . Cline Second by Commissioner
.HossainMotion to adjourn by Commissioner Adjournment: none – Members byItems Brought Up 022PLAT.-CD2022 A-001SD-CD2022on August 1, 2022. of applications that were approved by
City Council Allison Sosa provided an over cap – City Council Recap Business: Other .0-6Approved by Commissioner. Hossain Second UDC zoning district.ezone all properties from
their current zoning district to the most applicable Ordinances. The UDC will r3, Wetland Conservation of the Rochester Code of -7, Heritage Preservation and 6-Commission,49, Planning
and Zoning -4236, 4284,4322, all Planned Unit Developments ordinances, Chapters 20, 3773,3899, 3901, 4003, 4081, 4122, 4194, 2247, 2516, 3443,3497, 3503, 3604, 3646, 3648, 3694, 373Land
Development Manual, Special District Ordinances -current zoning ordinance, Ordinance No. 2785the and replacing by repealing the Unified Development Code adoptSchubring Motion by Commissioner
hearing process before changes are made. 12 months that will go through a public -Ryan Yetzer confirmed there will be updates planned every 6 for the UDC going forward regarding
possible updates/changes. the process, and tection standardsCommissioner Schubring asked for clarification on the neighborhood pro vs the base standards. summary of incentivesasked
for clarification on the Commissioner Jorgenson commented on the objective standards being clearcut from the start for developers. Don Elliott Preservationasked for clarification
on the Public Hearing process as well as the Heritage Commissioner Hossain
642 Rochester Area Builders, Inc. Board of Directors President Becky Holmen Sincerely, r members.through the expertise and knowledge of oudevelopment process and our members will
wholeheartedly support those efforts both as an organization, and in the City of Rochester. We hope that this new foundation will continue to spur ongoing innovation in the processWe
believe that the UDC takes multiple steps in the right direction for the development and construction the CDD staff of the reason why and potential solutions. ence of opinion was reached
with a full understanding from both our organization and disagreement, that differdetailed response and/or answer to each item submitted. Even when that response or answer resulted
in a provided numerous comments, questions, and suggested changes to the CDD. To date, we have received a full and our members have an opportunity to weigh in on the new UDC. During
the drafting and amendment process, extra mile both figuratively and literally to ensure that every member of our organization and community have had elopment Department staff and Ryan
Yetzer for going the We would like to applaud the Community Dev members and organization have taken part in, in recent memory. through the complete rewrite of the former LDM. That process
has been the single most inclusive process that our e R2X and TOD zoning classification proposed Unified Development Code (“UDC”) from the initial creation of th Rochester and the Community
Development Department for the drafting, review, and amendment of the e years our members have been deeply involved in the process utilized by the City of Over the last thre Dear Council
President Carlson, Members of the Council, and Mayor Norton: Unified Development Code Adoption Re: Rochester, MN 55904 City Hall 201 4th Street SE, Rm. 281 Attn: Rochester City Council
City of Rochester August 26, 2022 RAB@RochesterAreaBuilders.com 7698-(507)282 ester, MN 55901Roch 108 Elton Hills Lane, NW
643 Public Comments Installment 1,2 & 3
644 the setbacks for thoseshould we calculate how map, official the into it make not did that that, after made changes or In certain redevelopment areas the streets may be different
than the official map due to recording 6. affordable, lots.to 20 feet to encourage smaller, more districts. Front setbacks were reduced from 25 requirements. Height requirements are
not reduced and are allowed at 35 feet for those2 and not the height -1 and R-I believe this is referring to the front setbacks for R district?zoning residential base the in building
for 20ft to 25ft from ctionredu the Why 5. feet). Footnotes in the Districts chapter explain those changes and rationale.2x. Currently, 30 feet required width for that use, proposed
at 35 -for the same use in Rare allowed at 30 feet lot width. The other exception is lot width Attached Dwellings whichwhich is the most lenient standard for all allowed uses with
the exception of Single Family 2 is proposed at 40 feet, -based approach (i.e., lot width in R-based approach to a district-rule that were the result of moving from a use district.
There are very few exceptions to thisGenerally, setbacks and lot sizes were reduced in every This comment resulted in a change. district. of a hot button zoningwithout requiring R2X
as the underlying zoning district as that has become somewhat property the creation of smaller lots that would then in turn allow a conforming home to be built on the larger drivers
of housing affordability, providing either flexibility or tighter setbacks would allow costs being one of the lot the With standards. development cottage the utilizing R2X, zoned areas
of of making smaller lots harder to create with a home that would fit the requirements outsideThe lot setback and size requirements appear to create a squeeze point and may have the
effect 4. permitted. scale and character of the district will be Certain supportive uses consistent with the 4 are residential districts first. -3 and R-R from away from the development
along with serving the development?expect commercial to survive if it cannot draw business How do you traffic generating uses. 4 *it said do not want -3 & R-Commercial 50% or 2500
sq ft of ground floor of multifamily bldg. in R 3. community/stakeholder feedback. Thank you for your participation.Some setbacks have been modified based on ange.This comment resulted
in a ch doesn’t make much sense.This Setbacks on sides of 30’, 40’ and 60’ residential lots even though the lots can be smaller? 2. with the most similar permitted uses and dimensional
standards. district based on the zoning district Special Districts will be reclassified as a base zoning Districts will be removed with the approval of the UDC. I am not sure how
you can do this.Ordinance No. 3604. I have multiple concerns that the City’s staff has said that existing Special District I see nothing in the UDC that will give me what I already
have in my Pebble Creek Special 1. Zoning Districts and Dimensional Standards 2022-Unified Development Code Public Comments 2021 Comminutydevelopment@rochestermn.govEmail: 2601-- Fax:
2600-- Phone: 7090-Rochester, MN 55901 Suite 4001 W River Parkway NW, City of Rochester, Minnesota
Setbacks should be calculated from the lot line.645 whatever term they prefer. Home Dwelling. This will not prohibit developers from calling it -Dwelling to Twinand Performance Residential
Development. We renamed Attached Single Family t Townhouse We have an “Attached Dwelling” use, which renames/replaces the curren type. of the propertybeen used for this type of housing
unit and it is based upon customer perspectives on the naming based reason behind why the single family attached designation has -type? There is a marketIs there an impact on removing
or not having the definition of single family attached as a dwelling 12. sized cities.-with the definition used by other, midwe will have an updated definition for landscape area,
that is more consistent draft, The landscape percentage for SFD in the R1 has not been changed. In the consolidated calculated? going to be it is How counts? what landscaping, of definition
the For current? to relate that requires 50% landscaping. Is that an increase or how doesThe landscaping requirement in R1 11. Reduced setback requirements will address this. 4).
-This was carried forward (see Table 400.02 This comment resulted in a change. deck. ish-For example, on a 25 foot rear yard you would only be able to put an eight footsetbacks. or
setback, which would really cramp where you can put the home with the current rear yard required yard the of depth the of 33% to up extend only may they steps, and decks, porches,
For 10. way line.” Pg. 169.-of-three feet from the righter than the distance of the minimum required yard or, in the case of a rear yard, closbut shall not result in a building or
structure being erected closer to the alley than half width of the alley may be counted towards meeting the side or rear yard requirement, half of the-to three feet. “When a side yard
or rear yard on a lot abuts an alley, one This is referring to the following text which was carried forward except five was changed building. yard as long as therear or side towards
alleyway the of width the ½ regarding wording the does How -setbacks Alley 9. lot line.” Pg. 169. shall be considered the front lot line. The opposite frontage shall be treated as
a side street The UDC states: “On through lots, the lot line closest to the primary windows and entrances when the permits are pulled? How will that affect addresses for the parcels?correct
setbacks lot basis for a new development for the purpose of determining -by-on a lotdoor will count as the front yard and the other side the street side. Is this going to be determined
sidential district with a side door, it appears to state that the side with the For through lots in a re 8. release of the public draft for it. of the Consolidated Draft. We caught
it in the ninth hour and did not want to delay the We footnoted that we will address this issue as part This comment resulted in a change. other. etimes theinterchangeably/sometimes
one somThere appear to be some references to front lot line and front yard line that appear to be used 7.
646 connectivity than the developer originally proposed.el of staff. The connectivity index requirement allowed us to require a greater levGDP that was approved had more connectivity
than what was originally submitted to existing development or inadequate access prohibits connection. The Highland Preserve ive lands, The connectivity index allows for deviations when
natural features, sensitThe existing GDPs would defined road network, land uses, open space and connectivity. requirements.me how the former Highland Preserve project (now "coving")
managed to meet those explain toaway. Honestly, I'm not convinced the new connectivity index is working. Maybe you could to the development. That was why I was suggesting a small area
plan, thinking the gdp would go land uses and open space connectivity, which are all critical That GDP defines the road network, 17. project area.Yes, the existing GDPs will still
be in place and still serve as the master plan for the larger would be alleviated.(regarding Special Districts) existing GDP still be in place? If so, some of my concerns Would the
16. necessary.well as modifications to dimensional standards, staff finds that SDs are no longer Code. Given the substantial improvements to the architectural and design standards,
as se standards, which are requirements of the Unified Development been made into bamaintain. Additionally, many design standards which are central to special districts have SDs take
up an inordinate amount of staff time and City resources to administer and are they being removed?why –nd Preserve (partial)..Should stay Special Districts? Ex. Pebble Creek, Harvestview,
Highla 15. applications which the UDC has not accounted for.Distinctive Development application is designed to allow Council to consider an be obtained at either a staff or commission
level. Additionally, the minor flexibility clevel review. Restricted development will no longer be an option, however, major and Yes and no. Incentives are contained within the UDC,
and are now attainable at a staff available?districts, are incentive restricted development still If something doesn’t fit into the zoning 14. clarify how to take roof measurements.
Yes, however this section of the commentary refers to the illustration, which will now point of the roof…” Isn’t this how we measure it now?-height is measured from the mid “The depiction
of max height will be adjusted to show that 13.
18.647 of each between three and eight feet above grade, and shall occupy at least 30 percentthe ground floor shall occupy at least 65 percent of each street facing façade area D districts,
glazed windows and doors on -T and MX-eight feet above grade. In the MXhree and shall occupy at least 30 percent of each street facing façade area between tD districts, glazed windows
and doors -T and MX-In zoning districts other than the MX Ground Floor Transparency common lot line with a Protected Lot.located within 50 feet of any through lane shall be -surface
parking area or drivebufferyard. A development containing 10,000 square feet of gross lot area or more, no commercial development shall install a bufferyard meeting the standards of
a Type 3 a single family lot, mixed use or street frontage. Along any common lot line with parking areas shall not be located between the front building façade and the adjacent street
-located between the front building façade and the adjacent street frontage. Offstreet parking areas shall not be -Agricultural and Residential and Mixed Use district, offparking areas
shall be located in a garage or on a driveway. For all other uses in an street -For Single Family Detached and Same Lot Duplex Dwelling uses in all districts, offted in the front yard.
In most districts, parking is prohibi The UDC supports this change. Parking Location/Screening living use.Thru adjacent to a household -neighborhood protection standards would apply
Driveway or adjacent residential properties. Additionally, -of-blic rightare visible from any puproperty line. The development shall be designed so that no ground level light sources
districts. Vehicle stacking areas and shall be setback at least 30 feet from any other Thru facilities are not permitted in any residential - The UDC supports this change. Drive Thrus
towards the street.screening and internal landscaping, facade glass requirements, buildings must be oriented there are items like no drive throughs, parking lot -In the urban and commercial
districts 20. velopment.of design, as it is thought to inhibit deState legislation is currently pending that would prohibit Cities from dictating that level new proposed districts,
but I definitely would.styles on the street, which is huge. I don't see anything like that in the requiring a mix of arch Also there are several site and architectural standards in
that SD such as garage locations and 19. ordinance controls private property, not public ROW. reet and alleys, they should not be contained in a zoning ordinance, because the stconform
to engineering standards. While we likely agree with the idea of narrowing through engineering standards and ROW policies. Roadways built would need to Street and alley widths don't
belong in a zoning ordinance and should be handled the new UDC.in than what public works proposes. So we would need to change the street/alley width standards The special district
also included very detailed standards for streets and alleys. Narrower streets
street facing façade area above the ground floor.648 2 should require a variety of different types of housing, styles, etc.-R 25. the building code. underlying zoning district requirements
are met, as well as any applicable sections of home connections permitted, provided the -m for the number of rowThere is no maximu homes?-Is there a maximum of permitted row 24. 1.
-The Development Services Team finds that the setback distance is appropriate for the R the lot line. There should be regulations against “garage forward houses”.should be setback 25ft
from 1: Lots are smaller, and garages are closer to the street. Garages -R 23. participation.The Development Services Team acknowledges this comment. Thank you for your Business Park
should be renamed to Business District. 22. finds that SDs are no longer necessary.as modifications to dimensional standards, staff Given the substantial improvements to the architectural
and design standards, as well made into base standards, which are requirements of the Unified Development Code. central to special districts have been Additionally, many design standards
which are multiple times, over the last few years in order to make way for new development. Many of our active special districts have already been amended or rezoned, sometimes d
include items as mentioned above. the new UDC rules that wouldevelopments should be like those special districts. The layout of new subdivisions would follow Like I said in my memo
on SDs, I don't mind them going away...and that all our new 21. in Section 60.400.070 Site and Building Design.can be found length and height of the structure. Details on these requirements
incorporate a number of architectural elements as required by the from the building exterior. Each street facing facade shall facing sides of thD all ground level residential units
along all street -In the MX T & MX 2) 60.400.070 Site and Building Design.two or more horizontal design elements, as listed in Section façade, regardless of exterior wall plane setback,
shall incorporate facing -D districts, each street-T and MX-In all districts except the MX 1) architectural treatment on all building façades. designed to provide architectural and
visual interest and shall provide consistent The UDC supports this change. Building Orientation
The R 649 gricultural and areas shall be located in a garage or on a driveway. For all other uses in an Astreet parking -Single Family Detached and Same Lot Duplex Dwelling uses in
all districts, offIn most districts, parking is prohibited in the front yard. For orts this change.The UDC supp N should prohibit parking in front yard.-MX 31. our new Mixed Use districts.
place. If the proposed use is primarily commercial, it would be more appropriate in one of is intended primarily as a housing district, which is why this standard is in 4 district -The
R Why does this standard exist? I do not believe it is necessary.–whichever is greater.” gross floor area of the ground floor of a multifamily dwelling building in which it is located,
UDC shall have a gross floor area greater than of the or expanded after the effective date of this R4 Additional District Standards:“ No permitted or approved commercial use created,
approved, 30. located between the front building façade and the adjacent street frontage. street parking areas shall not be -offAgricultural and Residential and Mixed Use district,
parking areas shall be located in a garage or on a driveway. For all other uses in an street -For Single Family Detached and Same Lot Duplex Dwelling uses in all districts, off 4 district.
-ard of the RGarages or parking should not be located in the front y 29. Development Code.R2X was intended to be carried forward. It will appear in future versions of the Unified
Good catch. The 100ft max building length in the This comment resulted in a change. 2X have a maximum building l-Does the R 28. appropriate. The development review team feels that
the setback requirements in this district are way line. -of-required yard or, in the case of a rear yard, closer than three feet from the rightance of the minimum building or structure
being erected closer to the alley than half the distbe counted towards meeting the side or rear yard requirement, but shall not result in a half of the width of the alley may -When
a side yard or rear yard on a lot abuts an alley, one and the district should have a 0ft setback to alleys. 2X district, and core neighborhoods, -Garages in front of the house should
be prohibited in the R 27. setback on alleys has the potential to create maintenance issues.0ft encroachment on the right of way, thus reducing the neighborhood feel of the area. A
neighborhood feel. City teammates feel that a five foot setback would allow too much district in the UDC is designed to allow for small, compact lots, while maintaining a 2 -The R 2
district, and setback to alley should be 0.-Consider a 5ft front yard setback in the R 26. decide specifically what a property owner must build on their lot. strict allows for a variety
of housing types and sizes. City Staff does not wish to 2 di-
Residential and Mixed Use district, off 650 ge (250ft) is too long.Villa-T-Max Building length in MX 39. neighboring buildings will be minimized.all or any part of a required rear yard
where visibility from public streets and windows of street loading spaces may occupy -any front yard or in any required street side yard. Offstreet loading spaces shall not be located
in -Required off The UDC supports this change. off should be prohibited in the front yard.-I: Loading/drop-G/MX-MX 38. participation.The Development Services Team acknowledges this
comment. Thank you for your G?-MX Can we get a better picture for 37. setback area. Setbacks are measured from the property line. An easement can be located within the How do easements
factor into setback requirements? 36. order streets, that also abut residential districts. -ial or other highshould be located on arterC -address a gap, offering us a pedestrian scale,
medium to high density mixed use area. MXThere is currently no similar district in the City of Rochester, as this district is meant to C be located?-Where will MX 35. xed use area.
to high density miRochester, as this district is meant to address a gap, offering us a pedestrian scale, medium civic and community, and accessory uses. There is currently no similar
district in the City of sidential uses such as lodging, offices, retail, re-residential development and compatible nondensity -friendly areas of medium-C district is intended to provide
for pedestrian-The MX S different?-C and MX-How are MX 34. front building façade and the adjacent street frontage.hall not be located between the street parking areas s-Residential
and Mixed Use district, offareas shall be located in a garage or on a driveway. For all other uses in an Agricultural and street parking -Single Family Detached and Same Lot Duplex
Dwelling uses in all districts, offFor In most districts, parking is prohibited in the front yard. The UDC supports this change. C? Graphic should show this.-Is front yard parking
prohibited in MX 33. character and scale of the neighborhood.ghborhood, low intensity commercial which maintains the X is intended for nei-The MN residential uses?-Why is there a 5,000sqft
max for non -N-MX 32. front building façade and the adjacent street frontage.street parking areas shall not be located between the -
Transit villages are intended to include larger structures such as parking structures, and 651 Is front yard parking permitted in the LI? 48. that inhabits the lot. Business Park is
a zoning district. The parking requirement will be determined by the use What is the parking requirement in the BP? 47. Business Parks are required to have a minimum of 15% Landscape
Area. Do Business Parks (BP) have a landscaping requirement? 46. participation.t Services Team acknowledges this comment. Thank you for your The Developmen Too weak.-height, decorative
bollards, or similar elements.”parking lot, the crossing shall be clearly marked with a change in paving material, color, or “Where a sidewalk, trail, or other walkway crosses a street,
driveway, drive aisle, or Pg 41: 45. determine appropriate width. Overall site landscape percentages will need to be met.Boulevard trees will be required in the ROW and the City forester
will review to landscaping.require 8 ft planting strip, be at least 6ft in width and increased Sidewalks in MXT should 44. T section of the UDC.-language. The applicable language
can be found in the Zoning Districts Established: MXThis standard was carried forward from the TOD district The UDC supports this change. D.-T or MX-round floor windows in MXWindow
decals should not be allowed on g 43. architectural elements from Site and Building Design (60.400.070).way in addition to incorporating -of-entrance on each façade facing a public
rightEach primary structure shall have at least one pedestrian change.The UDC supports this T?-Only one pedestrian entrance on each façade in the MX 42. T (TOD) district. -This is
already a requirement in the MX The UDC supports this change. Can we require individual unit entrances for ground floor residential in the TOD? 41. er.friendly streetscape if a 0 setback
is selected by the develop-to have a pedT should have plenty of ROW -and building design standards. Further, projects in the MXft setback is not required, and the building will need
to meet all other applicable site -A 0 T is 0, is there room for nice street scaping?-If front setback in MX 40. therefore a larger length is needed to accommodate those structures.
Front yard parking is permitted in the LI district. To the maximum extent practicable, 652 s of the Special Districts. core aspect it’s most similar base zoning district, and aligning
the base zoning districts standards with the Development Services Team had analyzed each special district, reassigning the district to Agreed. As part of the Unified Development Code
project, The UDC supports this change. be allowed within the proposed new zoning districts.A Special Zoning District should not be needed to create these types of neighborhoods, it
should 53. UDC.tricts, have all be implemented into the base standards of the core aspects of Special Disdesign standards, connectivity requirements and increased landscaping requirements,
all The base zoning standards have been modified as part of the UDC process. Additionally, our city and neighborhoods to grow. tly how we want Those modifications should be required
in all districts of the UDC. That is exac 52. Code applies base design standards in all zoning districts throughout the City. . Special DistrictsThe current draft UDC site and architectural
standards do not meet the higher standards of the 51. nts and increased landscaping requirements, all core standards, connectivity requiremedimensional requirements of the Pebble
Creek Special District. Additionally, design 2 district in particular has been modified to match the lot -the UDC process. The RThe base zoning standards have been modified as part
of The UDC supports this change. ed to be modified.new district’s standards will ne If Special Districts were to be eliminated and replaced with new base zoning districts, proposed
50. adjacent street frontage.street parking areas shall not be located between the front building façade and the -offe district, on a driveway. For all other uses in an Agricultural
and Residential and Mixed Usstreet parking areas shall be located in a garage or -Duplex Dwelling uses in all districts, offyard parking is permitted in the SI. For Single Family Detached
and Same Lot Yes, front Is front yard parking permitted in the SI? 49. widthLot or Garage located to one side of a principal building shall be no more than 60 feet in principal building,
the parking may be located to one side of the principal building. A Parking r of the principal building. If is not feasible to locate the Parking Lot or Garage to the reaarking shall
be located at the rear of the principal building with access from an accessory p
54.653 approval. A Junk yard may be permitted in the Special Industrial district, subject to City Council e is this allowed?wher -used for storage, discarded goods, 2 or more unregistered,
inoperable motor vehicles –Junkyard 61. Industrial districts. This change will be reflected in the consolidated draft. nd mixed use districts, however we will reexamine the applicability
in residential aHousehold Living Uses. Community Development believes that this is appropriate in all These standards apply to all development and redevelopment in all districts, except
pedestrian lighting?Even I? warehousing? And a seating area, artwork? All commercial over 8000 sq ft needs 60. requirements if located in the bufferyard area. Landscape requirements
are in addition to blvd trees, but may overlap with bufferyard buffer yards and blvd trees?)(in addition to decorative concrete and canopy trees Development over 1 acre and 40,000
sq ft 59. This is carried forward from the Land Development Manual. RV parking is permitted in residential zoning districts, subject to specific requirements. is now allowed?1 RV
on each lot 58. standards. ngineering This requirement is consistent with the Public Works Department’s e This is a very minimal amount and does not say over what size parcel(s)yd
outside of that. Need grading permit for movement of >10 cu yd fill in shoreland, slopes and bluffs. And >50 cu 57. for the review of all the features listed above and in the above
comment.the land use, zoning and street layout for large undeveloped areas. The GDP process allows The General Development Plan application process is the appropriate way to determine
parks and trails. These open space areas would then be added to the City Land Use Plan.These environmental corridors would include storm water management, natural trees/grasses,
56. for the review of all the features listed above.eas. The GDP process allows the land use, zoning and street layout for large undeveloped arThe General Development Plan application
process is the appropriate way to determine would be identified and connected into linear corridors.age corridors, steep slopes and woodlands) areas networks. Environmentally sensitive
(drainmodal transportation -These plans would identify the land uses, new zoning districts and multi 55. the land use, zoning and street layout for large undeveloped areas. ion process
is the appropriate way to determine The General Development Plan applicat need to create Small Area Plans for all undeveloped properties on the edge of the City.If Special Districts
were to be eliminated and replaced with new base districts, the City will also
62.654 requirements have been Neighborhood meeting The UDC supports this change. public hearings?Should more projects have DIM meetings to compensate for a reduction in projects having
69. certificates. ith the City, but are not required to be inspected or maintain rental registered woccupied short term rentals must be -rental certificate with the City of Rochester.
OwnerSTRs are treated as long term rentals in that they must be inspected and maintain a owner occupied -is defined as a stay of 30 days or less. Currently, nonshort term rental Short
term rentals (STR) are currently permitted and monitored in the community. A Could ADUs be banned from being used as Short Term Rentals? 68. which ADUs are permitted. wever, the Council
may decide to further restrict the districts in residential districts. House and -The Community Development recommendation is allow ADUs in all mixed Could we reduce the number of zoning
districts where ADUs are permitted? 67. participation. Services team acknowledges this comment and thanks you for your The Development ADUs should have a radius requirement (for public
comment). 66. believe it would be a barrier to construction ADUs. Community Development does not support the change at this time because we include a bufferyard requirement on lots
with ADU’s. A potential solution would be to Additional Landscaping requirements should be required for lots with ADUs. 65. by showing a second income. Splitting that off would
erase that effect.ADUs increase affordability ime and resources to regulate. Additionally, additional tconforming structures, which require -and thus separating them will create nonprimary
dwellings. Most ADUs will not meet primary building setback requirement, The Development Services Team is not in favor of allowing ADUs to be subdivided from llings.ADUs should be
allowed to be subdivided from primary dwe 64. it becomes an issue. capacity. The Development Services Team will continue to monitor this and address it if The addition of a single
residential unit within city limits is not a concern for sewer Sewer Capacity: What happens if everyone does ADUs? Comment: 63. :Accessory Dwelling Units Use Regulations with the
most similar permitted uses and dimensional standards. based on the zoning district Special Districts will be reclassified as a base zoning district Will my Special District be preserved
through the adoption of the UDC?
expanded in the UDC.655 participation. The Development Services Team acknowledges this comment. Thank you for your for the rest of RochesterI am neutral about this because I think
this would be a great idea but not sure what that means 76. d. neighborhooallow for affordable development, while protecting the character of the to a garage. The Development Services
Team feels that the 24ft limit is sufficient to A 20ft height limit would prohibit the development of ADU’s as a second floor addition 75. districts. aximum size lots in any zoning
standards. The City of Rochester will no longer require mzoning districts which are extremely similar in terms of permitted uses, and site process, the Community Development Department
is reclassifying and consolidating y can be developed. As part of this which regulates the manner in which private propert participation. The City of Rochester is currently updating
the City’s zoning ordinance, The Development Services Team acknowledges this comment. Thank you for your that needs to be protected. ic district sa overlay. Rochester has a designated
histor-Please reconsider doing away with the R 74. regulate accessory structure. The Development Services team finds that a square footage cap is the best way to cap.footage -overall
lot size, and not a city wide squareADUs should be calculated as a percentage of 73. certificates. registered with the City, but are not required to be inspected or maintain rental
occupied short term rentals must be -rental certificate with the City of Rochester. Ownernspected and maintain a STRs are treated as long term rentals in that they must be iowner occupied
-short term rental is defined as a stay of 30 days or less. Currently, nonShort term rentals (STR) are currently permitted and monitored in the community. A idential neighborhoods.We
should not allow unrestricted creation of Air BnB units in res 72. participation. The Development Services Team acknowledges this comment. Thank you for your Yes, and don’t exempt
rich neighborhoods/ undo redlining 71. which ADUs are permitted. stricts in residential districts. However, the Council may decide to further restrict the diuse and -The Community
Development recommendation is allow ADUs in all mixed 2 zoning district.-ADUs should be restricted to the R 70.
656 Add a Graphic for parking lot use specific requirements. 84. based on use and zoning district.located in the Parking, Loading and Stacking Chapter of the UDC, and are standardized
ts. Accessory Use Parking Lot standards are These standards are for Primary Use Parking Lo Parking Lot: Simplify use standards. Standardize for all uses. 83. be included in the Consolidated
Draft. appearance of ground floor parking, in addition to other standards. These amendments will regulate the in Spring 2021, the TOD district was amended to-This resulted in a change
50% of the ground floor uses should be stairs, office, hallway, not parking. —hereand landscape standards are needed ArchitecturalParking Garage, site specific standards: More 82.
implemented which will decrease the impact of high intensity uses on adjacent lotsfor approval. For other uses, base design and neighborhood protection standards have been pact neighborhood
character will be reviewed by Planning Commission or City Council or imIn the Unified Development Code Uses which will impact the visual or natural environment, guiding factor or factors
in determining what is sent and what is not sent to council as decider?a vast majority of these be submitted to council what was the If there is no requirement that 81. consistent
change in required approvals, based on the intensity of the zoning district. consultant to revise the allowed uses table for Neighborhood Retail, to reflect a more The Community Development
team has directed the This comment resulted in a change residential districts?For neighborhood retail, why does the decider jump around in the 80. be reflected in the Consolidated
Draft. this standard is calculated, and internally investigating improvements. This change will The Development Services Team is reviewing how n a change.This comment resulted i attention
and gets hit. Could this issue be addressed in the new code?so far to see oncoming traffic from the south, or to the person that just doesn’t pay any mean nothing to the motorist that
has to pull out standards isibilitybut , in reality your traffic vquite frankly may look great on paper, our calculations are as they are and,Visibility Triangle: Y 79. of the
principle dwelling unit on the lot. and character s shall be required to maintain style,on. Accessory Dwelling UnitparticipatiThe Development Services Team acknowledges this comment.
Thank you for your (ADUs) Will change the character of the neighborhood 78. participation. The Development Services Team acknowledges this comment. Thank you for your flat in my
backyard. Yes, I would love to have a granny 77.
657 Large Retail should require 4 design elements instead of three. 91. intention is not to be overly prescriptive. t, while leading room for creativity in design. Our a balance between
a clear requiremenThe Development Services team finds that this language is appropriate. The standard strikes are the specific requirements.How wide should this visual separation be?
What -modules by buildings or landscaped areas.”rking that contain 50 or fewer spaces each and that are visually separated from other pa“Surface parking lots with more than 100 parking
spaces shall be organized into smaller modules 90. related to our public transit system. -facility that is uns a park and ride and types of development that could interfere with transit
ridership, such asupport vibrant pedestrian activity, promote the use of transit, and discourage land uses transit oriented development. It requires intensities and patterns of development
that nd supportive a-T zoning district is intended to provide opportunities for transit-The MX -Why is park and ride only restricted in the MX 89. City. For commercial structures,
the trees must be planted or paid prior to CO approval. lieu is made to the -in-ymentapplicable a Boulevard Tree Green Facilities Agreement, or a paproperty, unless otherwise allowed
by the terms of the development agreement, or where Boulevard trees shall be installed prior to or concurrent with the development of the trees be planted? How soon must required
88. participation. Noted. We will monitor the need for additional design standards. The Development Services Team acknowledges this comment. Thank you for your Durable Maintenance
Free Material = Plastic. 87. for your participation.comment. Thank you The Development Services Team acknowledges this This comment resulted in a change. Confusing.-not the total
number of stalls.”“Parking lot landscaping requirements shall be applied to the average number of stalls per level, 86. same lot.associated with any primary use or building on the
street parking of motor vehicles that is not -A public or private land area designed for the off COMMUNITY PARKING LOT What is ‘community parking’? 85. participation.nowledges this
comment. Thank you for your The Development Services Team ack
Under the current zoning ordinance, no design elements are required. The Unified 658 The 600 square foot maximum for ADUs is overly restrictive. 97. participation. standard is appropriate
to maintain neighborhood character. Thank you for your hat this The Development Services Team acknowledges this comment. We believe t The 35% of rear yard area maximum for ADUs should
be eliminated. 96. draft. Those changes will be reflected in the consolidated draft. ents for ADUs have changed since the release of this impractical. The setback requiremCommunity
Development Staff determined that This comment resulted in a change. What are the setback requirements for an ADU? 95. way line.-of-rightminimum required yard or, in the case of
a rear yard, closer than three feet from the in a building or structure being erected closer to the alley than half the distance of the towards meeting the side or rear yard requirement,
but shall not result may be countedhalf of the width of the alley -When a side yard or rear yard on a lot abuts an alley, one Please clarify the setback distance for ADUs when the
rear lot line abuts an alley. 94. eating a DeFacto duplex, which is not allowed in the R1 district.be crdoes not permit duplexes. Allowing an ADU where neither unit is owner occupied
would that state. However, Minnesota how not made any such ruling. Further, the R1 district s have decided that any form of ownership/occupancy restrictions are illegal in courtseen
and drafted include those provisions. Our team acknowledges that some state 90% of the ADU ordinances we've -two units on the lot) in ADU ordinances. Roughly 80%occupancy requirements
(for one of the -Nationwide it is very common to include owner state statute they are referring to when advising this is legal.. I’d ask to learn what specific provision the delegation
of land use authority under what law a typical provision for cities across the country, but I’m pretty sure it’s not allowed under MN ADU Owner occupancy in R1. I’d encourage you to
challenge your consultants further. Yes, this is 93. environment, and the affordability of the development. t strike a balance between creating strong base design standards, which
heighten the builparticipation. Currently, the City of Rochester has no design standards. Our intention is to The Development Services Team acknowledges this comment. Thank you for
your Building design standards are too weak. 92. heighten the built environment, and the affordability of development. Code seeks to strike a balance of creating strong base design
standards which Development
This comment resulted in a change. 659 character of the neighborhoods. Height restricts are appropriate in some zoning districts to preserve the scale and The 65ft height limit should
be eliminated. 105. Good catch. The graphic should be amended. This comment resulted in a change. feet. table says 15The photograph shown on page 166 shows the light being 20 feet
but the requirement in the 104. development.adequate to handle the demand on those public facilities generated by the tructed pursuant to an executed development agreement are existence
or to be consUnsure of question. No development may be approved unless the public facilities in issue? but related to development. HarstadThe UDC currently states that the public facilities
are not limited to inside of the development 103. Map. on Long Range Transportation Plan, and the Comprehensive Plan’s Street Classificatiplans and regulations.” City Plans which
regulate ROW include but are not limited to” Unsure what this is referring to. This could be referring to a reference of “adopted City 172 broader plan regarding roadways that it is
referencing or is that just the GDP? Pagethere a Is reference? that does plans what Plans, references of way right regarding section The 102. that is used successfully in other communities.
and one decorative rock, bark, or stone.” Our team believes this is a suitable definition grass, shrubs, trees or similar living plants, or other ground surface treatment such as The
definition for Landscape Area is as follows: “Land set apart for the plantings of New definition of Landscape Area needed which places emphasis on greenery. 101. participation. The
Development Services Team acknowledges this comment. Thank you for your Setbacks on Alleys requires a graphic. 100. the Consolidated Draft.This table is currently acting as a placeholder.
It will either be built out, or removed with 1 Applicability of Development Standards?-What is table 400.01 99. Dimensional Standards dimensions of a typical pedestrian walkway. atch
the public ROW. We have instructed our consultant to modify this standard to mThe intent of the standard is to provide access a This comment resulted in a change. What is the intent
of the 18’ unobtrusive accessway to a public street? 98. U to 1000 square feet. for an ADfootage -Staff has increased the maximum square
660 2x should have more density limits!-R 114. Unified Development Code. time of redevelopment. RPUs capital improvement plans are not regulated by the is updated at through a process
which offer the project additional density. Infrastructure The Unified Development Code incentivizes the placement of underground lines Older neighborhoods need updated electric grid
with all lines buried like new development. 113. equired. appropriate, and in other areas, greater setbacks should be rthat in some areas of the city, such as the Downtown Core, a
zero setback is Setbacks are determined based on the zoning district. Community Development feels setback from walks with landscaping Apartments should have minimum 6’ 112. participation.
Rental units are permitted in all zoning districts. The Development Services Team acknowledges this comment. Thank you for your Restrict granny flat to immediate family members 111.
any zoning districts. in and site standards. The City of Rochester will no longer require maximum size lots consolidating zoning districts which are extremely similar in terms of permitted
uses, this process, the Community Development Department is reclassifying and As part of which regulates the manner in which private property can be developed. participation. The City
of Rochester is currently updating the City’s zoning ordinance, The Development Services Team acknowledges this comment. Thank you for your Sa.-ease keep zone R 110. reflected in
the Consolidated Draft.this comment, and has recommended this change to the consultant. This change will be The Community Development Team agrees with This comment resulted in a change.
to the light fixture height?Standards in addition Can we step down lighting standards with the Neighborhood Protection 109. Neighborhood Protection Standards: family uses (more than
four units) adjacent to Household Living uses. -multito the consultant that the Neighborhood Protection Standards apply to recommendedThe Community Development team has This comment
resulted in a change. unit dwellings.-I would like to see larger setback requirements for multi 108. maximum size are consistent by zoning district. Dimensional standards such as
minimum setbacks and The UDC supports this change. Building mass should complement existing buildings 107. Setbacks are consistent within zoning district. The UDC supports this change.
should be consistent block by block.Setbacks 106.
The Unified Development code proposes to eliminate artificial caps on density. 661 Parkland decision. All parkland dedication edits will be reviewed again pending the outcome of the
City’s arrangement. happens in a takedown type dedication the phase given a for occurs development the as then and identifying the land to be dedicated at the first phaseher than made
at the first phase of development and not as the development occurs, ratthat the dedication has to completely states it Additionally, calculation. dedication parkland the expands by
the city council at a May/June city council meeting. The requirementdenied calculation that was parkland the is UDC the in included calculation dedication parkland The 121. Parkland
decision. All parkland dedication edits will be reviewed again pending the outcome of the City’s dedication Parkland 120. participation.you for your The Development Services Team
acknowledges this comment. Thank Subdivision Level Connectivity and Circulation is good but too vague. Also, a graphic is needed. 119. Code. This is a City Engineering Standard and
is beyond the scope of the Unified Development New street standards are needed to ensure narrower streets and wider boulevards. 118. private property and the public pedestrian connection.
l be space for the owner to provide planting to create a buffer between the There wil Should there be a buffer yard between pedestrian connections and adjacent lots? 117. 3. participation.
Neighborhood meeting standards will be examined as part of Installment The Development Services Team acknowledges this comment. Thank you for your Neighborhoods currently have too
much say in too many projects. 116. Subdivision Standards achieve higher density, while improving Rochester’s built environment. ivized public goods, which may be incorporated into
a development to now incentdevelopment. Green Building design and the implementation of renewable energy are than the current code, while striking a balance between sustainable and
affordable We feel that the UDC progresses these ideas further he UDC supports this change.T panels with own battery back at storage capacity for power outages.solar buildings should
have mandatory residential business -New building standards: all multi 115. and setback requirements. ill be limited by dimensional standards such as height, landscape Development
size w
122.662 Access requirements from the LDM were carried forward.Code. The connectivity index standards are identical to what was adopted. Traffic and Development current Land Development
Manual, and thus transferred to the Unified Council in August 2020. What was adopted at that time has been incorporated into our reference is to Connectivity Standards. Connectivity
standards were adopted by City possible that the It is unclear which standards this comment is referring to. It is prescriptive. Traffic requirements and access requirements also appear
to be far more 128. connectors will result in a higher degree of walkability between neighborhoods. Plan. Pedestrian Connectivity was identified as a goal of the City’s Comprehensive
What is the value of a pedestrian connector? 127. opinion is sufficient to meet the intent of the ordinance. This standard has been carried forward from the Land Development Manual,
and in our Looped streets are no longer allowed (pg 182 #9). 126. do meet the connectivity requirements. t Plans have gone through the approval process which several General DevelopmenThe
Connectivity Index requirements have been in effect for over a year, and life.in a timely manner, which may result in more property damage, and loss of areas, Emergency Services are
limited in their ability to reach certain poorly connected aresac benefit from those tax contributions. When streets -de-only the lots on the culbut sac high, all taxpayers contribute
to its maintenance,-de-maintain a public culthe cost to sac, and offer no through traffic. Thus, not only is-de-lots on the culsacs only serve the -de-growth and development along
the same street network. Culdo not allow for future sacs are more costly to maintain, and-de-Culparticipation. The Development Services Team acknowledges this comment. Thank you for
your Connectivity Index numbers are too high, and prohibit development. 125. Access and Connectivity specific standard. Modified for best practices.-should appear as a usegulation
that Exclusion of lighted sports fields was deleted; that is a substantive re Why was lighted ballfield removed from the definition of neighborhood park? 124. Parkland decision. All
parkland dedication edits will be reviewed again pending the outcome of the City’s lieu? triggering the fee inwith development without work it make could you way only the is that
because involuntarily parkland requirement trailways to meet your roadway trails? What if you used the roadway trails but would not be granted for -Why would credit be given for voluntary
and non 123. Parkland decision. All parkland dedication edits will be reviewed again pending the outcome of the City’s sloped land. is there if expands quickly calculation the and
scope to related The entire parkland dedication requirement appears to be expanded for requirements
129.663 area. Household Living uses in structures with more than 8,000 square feet of gross floor This standard applies to all new development and redevelopment in all districts except
structured. the section wastell from the way apply to broader categories other than just the downtown zones? I could notfountain, or other similar aesthetic feature be placed in that
area. Are we to interpret that to a artwork, that requirement a is there 194, page on noted space oriented-pedestrian the For 135. planting, and snow removal. easement. 10 feet for
the trail itself, and ten on each side for maintenance, tree The development services team finds that 30 feet is the correct area for a trail in? match what is actually needed to put
the trailpractice regarding the trail right of way that is needed beyond the actual trail itself? Does this The easement requirements for trails seems too wide. Is there a national
standard or best 134. allowed (as drafted in I3).lots and minor modifications will be applies to subdivisions and reconfiguration of use trails.” Only -extension or connection of
associated bikeways, sidewalks, and multiway shall include the -of-way to an abutting property, street, or right-of-street or rightension or connection of a public connection will be
required. Standard reads: “Each ext If there is a connection available adjacent to the property being developed, a trails? bikeways, andmean that when you have a stub going into an
undeveloped area that would require sidewalks, property or land abutting to connections all that stating 189 page on requirement the Would 133. number of Traffic Studies required.
Traffic study requirements are not in the UDC, therefore this should not impact the met? guidelines to determine if the thresholds arestudy per these traffic a necessitate that developments
of amount the increase to going this Is 132. standards are identical to what was adopted by City Council in 2020. hese were all current requirements that were clarified (pg. 194).
The connectivity index T they did not hit a certain amount ofmade the connectivity of the entire development important regardless of trip counts as long as requirements that simply
index connectivity the beyond far go requirements these like It 131. public access is necessary for emergency services. This requirement has been carried forward from the Land Development
Manual. The lake? Why does there need to be a large public access for a private 130. 50 lots on a single access. does not permit more than secondary access requirements. The Fire
Code, Appendix D, Land Development Manual, and is supported by the Fire Department’s policy on This was a policy that we made regulatory (pg. 194). This policy currently exists in the
requirement? at a NHTSA or NTSBtrips? Is thHow was the determination made that a secondary access is required once you hit 1500 daily
664 The Development Services Team finds that 15ft is an appropriate standard. ead of 15. use trails should be 10ft minimum inst-Multi 144. placement.will be required in the ROW and
the City forester will review to determine appropriate Boulevard trees This is an engineering standard, and outside of the scope of the UDC. support overstory trees. Sidewalk separation
from curb should be 8ft wide instead of 5 to 143. participation.Code. The Development Services Team acknowledges this comment. Thank you for your This is a City Engineering Standard
and is beyond the scope of the Unified Development foot. External sidewalks should be located a 0 or six inches inside the public ROW instead of 1 142. standard.opriate participation.
The Development Services Team finds that 15 ft is an apprThe Development Services Team acknowledges this comment. Thank you for your 25ft, instead of 15ft.-Pedestrian connector easements
should be 20 141. single access street serving single family homes or duplexes. This comment is unclear to our team. We believe that the 300adt is appropriate for a ge to 500ft.Too
long. Chan than 300 average daily trips.”development shall be designed to serve development that is projected to generate no more sac, loop, circle, and lane streets serving single
family or duplex residential --“Cul 140. participation.ank you for your The Development Services Team acknowledges this comment. Th Graphic needed to describe ‘Reserve Strips.” 139.
participation.Code. The Development Services Team acknowledges this comment. Thank you for your rd and is beyond the scope of the Unified Development This is a City Engineering Standa
compact growth.300ft between intersections on collectors is too restrictive of a standard and does not allow for 138. Comprehensive Plan. eet classifications are determined by the
Street Classification Map on page 228 of the r What streets are ‘arterials”? 137. I2 change, and updated language will be reflected in the Consolidated Draft. ur development review
team flagged this as an O This comment resulted in a change. quirements conform to Fire Department standards?Does ADT secondary access re 136.
665 What kinds of trash receptacles need to be screened? 153. Landscaping, Bufferyards Bricks are not excluded. Paving materials must be approved by the City during the development
review process. Paving materials for pedestrian spaces should include brick. 152. ded Canopy trees incorporated along pedestrian walkways.provistained concrete, exposed aggregate,
integral colored, or textured concrete shall be focal points with enhanced pedestrian paving such as decorative scored concrete, containing more than 40,000 square feet of gross floor
area shall include pedestrian Developments over one acre in size and Site Development Plans for individual buildings Where are pedestrian oriented spaces required? 151. for your participation.The
Development Services Team acknowledges this comment. Thank you MXD districts. in the MXT and The UDC requires individual entrances The UDC supports this change. Ground floor patios
should connect to parking lots and sidewalks. 150. participation.The Development Services Team acknowledges this comment. Thank you for your andards needs more graphics.Design St
149. and MXD districts. The UDC requires individual entrances in the MXT This comment resulted in a change. Does individual entrance standards apply to residential units in all districts?
148. participation.acknowledges this comment. Thank you for your The Development Services Team T pedestrian entrance standards should apply to all districts. - 147. participation.The
Development Services Team acknowledges this comment. Thank you for your Pedestrian design sections need graphics. 146. Development Code.beyond the scope of the Unified Access spacing
standards have not changed. This is a City Engineering Standard and is Have access spacing standards changed? 145.
This comment resulted in a change. 666 requirement while also maintaining the correct distances?provide for an application to fit the to order in species vary to way a there Is instances.
some in lieu in lighting, sidewalk intersections, etc. seem to potentially force a paymentTree planting and spacing requirements for all the setbacks from things like utility boxes,
street 161. ry over from the Land Development Manual. made to the City. This is a carlieu is -in-where applicable a Boulevard Tree Green Facilities Agreement, or a paymentproperty,
unless otherwise allowed by the terms of the development agreement, or talled prior to or concurrent with the development of the Boulevard trees shall be ins development? inspections
completed for atrees while work trucks and development is ongoing versus after permits are issued or final Does the timing noted for boulevard tree planting make sense given the needs
to plant healthy 160. we are reexamining this requirement. Changes will be reflected in the Consolidated Draft. Community Development agrees with this comment, and This comment resulted
in a change. we require trees within a development area, instead of just boulevard trees? Can 159. been eliminated, and Neighborhood Protection Standards have been implemented.Additionally,
the transitional lot standards from the Land Development Manual have from the bufferyard requirement, and front yard buffers are no longer required. w separate Development Code have
eliminated this problem. Boulevard trees are noCommunity Development believes that a series of procedural changes in the Unified Can boulevard trees count towards front yard buffer
yards? 158. establishments, without complete screening. sale goods outside of gas stations or other large retail -for the placement of forconsultant to incorporate language into the
Unified Development Code that will allow Community Development has instructed the This comment resulted in a change. gas station?For sale outside 157. be more objective. This change
will be reflected in the consolidated draft. Design standard language will be strengthened to This comment resulted in a change. The term aesthetic (in design standards) is too subjective.
156. draft. dated do not require complete screening. This change will be reflected in the consolithat contractor trucks parked on their own site in a district where the use is permitted
The Community Development department finds This comment resulted in a change. screened?Does contractor equipment (on a lot where it is a permitted use) need to be 155. to be removed
at owner expense if maintenance is required.Plantings are permitted in easements, but are required The UDC supports this change. anting in easements be allowed?Will pl 154. Consolidated
Draft. which require screening has been added to the draft. Changes will be reflected in the Language clarifying the types of trash receptacles
The Parks Department will determine the appropriate species variety and location 667 Landscaping provides benefit to all adjacent properties, not just residential properties. 169. reflected
in the Consolidated Draft.standards. This change will be that our consultant implement baseline landscaping The Development Services Team has requested This comment resulted in a change.
requirement, that is separate from the blvd tree requirement.minimum number of canopy trees and shrubs in the landscaping There should be a 168. comment. Updated language will be
included in the Consolidated Draft. The Development Services Team agrees with this This comment resulted in a change. lanting in easements should be permitted at owners expense if
replacement is needed.P 167. process. If an ordinance is approved, can be easily wrapped into the UDC at that time.A tree preservation ordinance should be discussed and reviewed through
it's own landscape section.perfect opportunity to include a tree preservation chapter into the I feel strongly that this is the 166. pattern of the façade (pg. 243).They are broad
standards that could simply be met by changing the texture or masonry districts? zoningallow for creative design and design best practices with regard to buildings in those way that
Do the horizontal articulation requirements mesh with the building length requirements in a 165. it’s a balance and clear standards reduce the need for Council approvals. -Fair point
creatively. t the desire to build sustainably, affordably, andbrick seems to cut againsPrecluding the use of imitation stone or brick that may be more durable that natural stone or
164. architecture, which is geared toward visual interest on all sides of a building.level promotes 360 degree -ical equipment on the streetScreening things like mechan standards?
specificrequiring screening in front of a part of the building on which we are now applying architectural requirements, was there any thought given as to how these two work together
insofar as the existing screening When the requirement for 360 degree architecture was added along with 163. over from the Land Development Manual.-made to the City. This is a carrylieu
is -in-where applicable a Boulevard Tree Green Facilities Agreement, or a paymentdevelopment agreement, or property, unless otherwise allowed by the terms of the Boulevard trees shall
be installed prior to or concurrent with the development of the check? athan just writing other means creative via requirement that meeting to in built is flexibility What 162. during
their review of the planting plan.
The Development Services Team acknowledges this comment. Thank you for your 668 concerns. Will there be flexibility in the code if an entrances on each frontage are not practical?iple
entrances being required (TOD). Security concerns, ADA I am concerned about mult 176. Additional entrances and exits may be required per building code requirements. Way. -of-ed for
a rear parking lot, however the developer may choose to A door is not requir TOD: If there is parking in the back, is a door required? 175. area. redevelopment in all districts in
structure with more than 8,000 square feet of floor Yes; Pedestrian Design and Accessibility Standards apply to all new development and Do uses in LI and SI require pedestrian standards?
174. Design Standards the Consolidated Draft. consultant to include baseline landscaping standards. This change will be reflected in quirement in mixed use districts. Additionally,
we have instructed our Landscaping reThe Development Services Team has increased the This comment resulted in a change. modifications) that could be leveraged to decrease landscape
area if necessary.landscape area and would argue that there are adequate provisions (minor/major I don’t like the minimum landscape area requirement. I think we should increase the
minimum 173. reflected in the Consolidated Draft.that our consultant implement baseline landscaping standards. This change will be elopment Services Team has requested The Dev This
comment resulted in a change. Comment suggested language for General Landscaping Requirements? 172. lot and the ROW.the consultant include language strengthening the landscape area
between the parking Development Services Team has requested that Use district. The-Residential or MixedParking is not permitted in the front yard of any This comment resulted in a
change. and parking areas.Parking Lot landscaping should be revised to create a better buffer between the street frontage 171. n this section. consultant to strengthen the language
iThe Development Services Team has instructed our This comment resulted in a change. misunderstood and then used in a negative way.ord “openness” should not be part of the landscape
requirements. It is too easy to be The w 170. participation.
Multiple pedestrian entrances enhance the street frontages and walkability of our TOD 669 Institutional, Civic, Commercial, or Industrial uses, but the pedestrian focal points and These
standards generally apply to All Multifamily Dwellings, Group Living, Public, demands? with grading compliance necessary to due requirement canopy the for exceptions be to going Are
there requirement? tree boulevard with interplay requirement this does how and code ere not going to be included in the zoningfamily dwellings when design specs w-regarding multiWhy
is there a requirement for decorative concrete and canopy trees included the section 182. D.-districts, including MXzoning all Good catch. Section changed to apply to This comment
resulted in a change. LDM? referencing created by the old-avoid the difficult cross2 instead of stating the requirement in text to -reference the bufferyard table which is 400.06 D
only, but shouldn’t it just -reference to bufferyards on page 219 appears to exclude MXThe 181. to meet landscaping requirements. The two are separate from parkland requirements.have
been carried forward unless noted otherwise. Usable recreation area can be used uses that are larger or smaller than four units. The remainder of the requirements family -we have proposed
a simplified percentage approach that distinguishing between multifamily use in each district not be carried forward. Instead, -requirements for each multipercentage that varies by
use and district. We recommend that the differing requirement?requirements and how does the requirement interact with the parkland dedication area requirement contained in the new
UDC compare to the current How does the recreation 180. defined levels of articulation and use different combinations of the same materials. facades. A consistent architectural treatment
is one where all building walls have ll provide consistent architectural treatment on all building visual interest and shaAll sides of each primary building façade shall be designed
to provide architectural and What specifically is 360 degree architecture? 179. residential unit on the ground floor shall have its own entrance, opening to the outside.-or nonT,
each individual residential -In the MX The UDC supports this change. units in all residential and mixed use districts.360 degree architecture: Doors and porches should be required for
all ground floor multi family 178. SI).al uses in all districts (except institutional and civic uses, and all commercial and industriUse developments in all districts (except SI),
all public -dwellings in all districts, Mixedfamily -360 degree architecture is required for multi The UDC supports this change. required.should be 360 degree architecture: In mixed
use and residential districts, windows on all sides 177. districts. Flexibility in the code will be reviewed as part of Installment 3.
canopy tree standards which is the heart of this question only applies to those us 670 proposes to carry base design requirements city wide. Thank you for your participation. uired for
all buildings in the downtown area. The Unified Development Code reqThe Development Services Team acknowledges this comment. Design Standards are not It’s already required for downtown
building 190. participation. The Development Services Team acknowledges this comment. Thank you for your Again, better late than never. 189. citywide. simplified and strengthened.
Additional landscaping will now be required in parking lots comment. Thank you for your participation. Landscaping requirements have been The Development Services Team acknowledges
this The UDC supports this change. More landscaping! 188. participation. The Development Services Team acknowledges this comment. Thank you for your Better late than, never, I guess?
187. participation. The Development Services Team acknowledges this comment. Thank you for your existing R1 areaI oppose changes to the code that allow multiunit in 186. Uses, but
will improve the Urban Design standards in your neighborhood.participation. Please note that Design Standards will not apply to ‘Household Living’ nowledges this comment. Thank you
for your The Development Services Team ack Yes. It will help protect existing homes. 185. zoning district with the most similar permitted uses and dimensional standards. Special
Districts and PUDs will be reclassified as a base zoning district based on the oes now. 50 years that might not matter to homeowners but it d-neighborhood. In another 30doing away
with our PUD which could affect our investments and character of the I live in a PUD with undeveloped lots. Of the 54 homes are unable to find anyone interested in 184. be part of
the review process. met. If the project is going through a Type I application process then City Council will not Coordinator, to ensure that the intent of the ordinance is including
the Urban Design The artwork will be reviewed and approved by the Community Development Team, What happens when council "doesn't like" the artwork or aesthetic feature? 183. counted
toward the Bufferyard requirement and landscaping percentage. be requirement is in addition to landscaping and boulevard tree requirements, but cancontaining more than 40,000 square
feet of gross floor area. The canopy tree are a part of developments over one acre in size and site plans for individual buildings es that
671 T zone -With design specifications like those included in the downtown zones and the MX 200. not have plans to replace historic homes with multifamily buildings. Historic homes
are reviewed through the Historic Preservation Ordinance. The City doe How does this square with city plans to replace historic homes with multifamily dwellings? 199. participation.
Services Team acknowledges this comment. Thank you for your The Development Yes! Rochester has a very impoverished built environment 198. participation. The Development Services Team
acknowledges this comment. Thank you for your Thank you for proposing architecture and design 197. participation. ment. Thank you for your The Development Services Team acknowledges
this com Design Standards: Let the neighborhoods decide 196. participation. The Development Services Team acknowledges this comment. Thank you for your I look forward to seeing the
aesthetics improve! 195. rticipation. not apply to Household Living uses. Thank you for your paThe Development Services Team acknowledges this comment. The design standards do In
older neighborhoods the existing style is now an expensive way to build 194. improving Rochester’s built environment. achieve higher density, while now incentivized public goods, which
may be incorporated into a development to development. Green Building design and the implementation of renewable energy are ode, while striking a balance between sustainable and affordable
than the current cWe feel that the UDC progresses these ideas further The UDC supports this change. depending on site. Water sustainable sidewalk, driveway etc.solar panels, geothermal,
etc, –Mandatory building codes should include clean, passive energy 193. great idea, and will work with our consultant to build it into the code. The Development Services Team
acknowledges this comment. We feel that this is a Permeable asphalt should be required in Design Standards. 192. participation. u for your The Development Services Team acknowledges
this comment. Thank yo Updated code great plan! 191.
districts, is there any worry that the complaint that people are making cookie cutter buildings 672 how the development would affect prohibition permit building the Does interpretation?
incorrect an that Is otherwise requirement you plant things and then build on top of the things planted.timing and would upon depending alteration the after built is building the before
revegetation and The revegetation requirement for a substantial land alteration seems like it would require trees 206. provisions were clarified and carried forward.to a development
standard and process, the substantive SLA was moved from a use serving? residential? What purpose is itnear frame time set a within alteration land substantial on requirements additional
the Why 205. be removed once the grading is complete. land alteration activity will take place. The fence may the property where the substantial foot continuous security fence shall
be provided around the entire perimeter of -A six sense? does the fence requirement makeIn the event a substantial land alteration is completed to meet existing grade or reduce grade,
204. Sensitive Lands, Stormwater and Drainage successful way to enhance the urban pedestrian experience.floor area. Other cities have included this in their zoning ordinance and
found it to be a g uses in structures with more than 8,000 square feet of gross except Household Livin other similar aesthetic feature” for new development and redevelopment in all
districts Pedestrian Oriented Space (pg. 208) requires “At least one type of artwork, fountains, or them? appropriate in all ofseating area a Is them? of all for appropriate artwork
is commercial, as count that uses the With 203. successful way to enhance the urban pedestrian experience.floor area. Other cities have included this in their zoning ordinance and
found it to be a re than 8,000 square feet of gross except Household Living uses in structures with mo other similar aesthetic feature” for new development and redevelopment in all
districts Pedestrian Oriented Space (pg. 208) requires “At least one type of artwork, fountains, or ordinance? long in a zoningDoes the requirement for artwork really be 202. T district,
see page 38) -requirement for the MXfacing a street and every 30 feet on the ground floor. Pg. 207. (There is a different irement is one primary pedestrian entrance shall be provided
for every façade requstructures with more than 8,000 square feet of gross floor area. The general to new development and redevelopment in all districts except Household Living uses
in The intent of this ordinance is to produce pedestrian friendly development. Only applies nature. by their dictorytype that the zoning code wants to incentivize. That seems contrahave
their own access/entrance seems to add a potential cost/complication to a development to need development use-mixed a in uses commercial and residential that requirement The 201.
irements. to meet the requlimiting big box and stucco builds), but do not dictate specifics and give options on how caliber designs (i.e., -The design requirements allow ample flexibility.
They require high specs? exacerbated by the proscriptive nature of the design
have to be completed 673 More buffering is good but how does this square with turning single family lots into 212. reduction in parking citywide. a more bikable/walkable environment
and a robust transit system will allow for a necessary for the City of Rochester, but are hopeful that in the future, a combination of At this time, the Development Services Team still
believes that parking minimums are Eliminate parking min for TOD/walkable 211. participation. Thank you for your The Development Services Team acknowledges this comment. More free
mass transportation rather than parking 210. 3.participation. Neighborhood meeting standards will be examined as part of Installment Services Team acknowledges this comment. Thank
you for your The Development parking may be needed, more bike lanes are not. I am very much in favor of mass transit expansions. Bicycles are not mass transit and while bike 209.
will reduce greenhouse gas emissions. sland effect, and an overall reduction in vehicle use surfaces can reduce the heat ilandscapes in terms of walkability and appearance. Reducing
the overall paved Reducing the amount of parking in urban areas can greatly improve the quality of urban Why do we need a parking maximum? 208. rking spaces make sense.maintains
that 1 EV space per 50 paOur recommendations would suggest bringing that to City Council for discussion.with our sustainability team that if they would like to propose a more drastic
change, I practice suggestion. Thus far, I have communicated came from Clarion's nation bestthat the EC was working on such a policy until after I2 was drafted. The 1 per 50 number
different than the policy suggested by the Energy Commission. In fact, I was not aware The 1 EV space per 50 parking spaces is actually The UDC supports this change. that would make
more sense as a sustainability incentive versus a mandate.infrastructure for development with 50 spaces made it in there. I was thinking that a policy like see that the energy commission
policy regarding EV I am reading through the UDC again and 207. Parking Loading and Stacking from the site by wind, rain, etc.The intent is simply to stabilize the site from erosion
and transport of soil landscaping.re is no requirement to plant trees or provide expensive The as part of our ordinance.The City follows this requirement location of site relative
to impaired or special waters.of any disturbed area within seven to 10 days of last grading activity depending on the which requires revegetation or stabilization Agency’s Construction
Stormwater Permit Revegetation of any construction site is dictated by the Minnesota Pollution Control replanting? then and permitting then and grading or right work timing the Does
after the alteration? Would there be any exceptions?
multifamily? 674 That is a great idea. This is something that CD would be supportive of. way to utilize empty parking lots for nights/weekends. Basketball courts, skating.Better 221.
urban heat island effect.accessory parking lots to reduce the visual impacts of parking areas and reduce the Landscaping will be required for all primary use and The UDC supports
this change. Require sustainable parking lot design 220. citywide.uced parked. In general, parking requirements have been red-Rochester are overThe Development Services Team acknowledges
this comment. Many existing facilities in everyone’s vehicles.ng lots are nice but it’s more important to be sure we have enough space for Good looking parki 219. participation.The
Development Services Team acknowledges this comment. Thank you for your Buffer zone plantings should include pollinator and bird friendly native plants 218. believe the additional
parking is necessary.requirement if they citywide. Developments can still provide more than the minimum parked. In general, parking requirements have been reduced -Rochester are overThe
Development Services Team acknowledges this comment. Many existing facilities in family-apartments and multiMinimum parking standard too low for 217. you for your participation.
collaboration with the Parks Department to determine if this is a feasible change. Thank The Development Services Team acknowledges this comment, and is working in main entry to city
parksBike racks at every 216. comment. Thank you for your participation. The Development Services Team acknowledges this The UDC supports this change. Yes, landscape and permeable
asphalt. 215. urban heat island effect.visual impacts of parking areas and reduce the accessory parking lots to reduce the Landscaping will be required for all primary use and The
UDC supports this change. More trees in parking lots 214. comment. Thank you for your participation. The Development Services Team acknowledges this his change.The UDC supports t
(Increased bufferyards between residential and commercial uses) Yes please 213. lots and incompatible uses. into the new code to allow for increased distance and buffering between
single family od Protection Standards have been incorporated infill and redevelopment. NeighborhoOur team believes that buffering between compatible uses creates artificial barriers
to
675 little. have too much parking, and some too Under the current development code, some projects 232. The Development Services Team acknowledges this comment. Thank you for your
participation. The City should not act as an architect. 231. Staff recommending increase to 15ft.This comment resulted in a change. 10ft maximum setback not always realisticTOD:
230. requirements to be incorporated in the consolidated draft. Staff is recommending adjustments to setback This comment resulted in a change. and should be reduced, specifically
in the front and on the sides.Setback limits are still too high 229. addressed. line, so we feel that this comment has been -would allow for construction up to the lotIn Downtown
and TOD setback not is required, which The UDC supports this change. setback area? Landscaping?)thin 10ft code should allow for creative use of space (patio instead of building line
wiNew 228. required to have a loading berth.Any building over 10,000 square feet of Floor Area is The UDC supports this change. apartments should have off street truck loading zonesAll
business and 227. comment. Thank you for your participation. The Development Services Team acknowledges this The UDC supports this change. areas on that core’s fringe.Rochester’s
urban core. This will help ameliorate the impacts on residential building density in(Increased Parking lot landscaping). This is needed as we will have to, and already are, increase
226. your participation.comment. In general, parking requirements have been reduced citywide. Thank you for t Services Team acknowledges this The Developmen The UDC supports this
change. Less parking! Lots are too big and nearly empty = wasted space 225. participation. The Development Services Team acknowledges this comment. Thank you for your too much potential
for degrading living quality –good Theory sounds 224. more than 20 spaces. These standards will apply to development or redevelopment of parking lots containing Will this be required
for existing lots? 223. Services Team acknowledges this comment. Thank you for your participation. The Development Creation of new bike facilities is not within the scope of this project.
More protected bike lanes 222.
Maximum parking standards incorporated throughout the city. Generally parking 676 What is the current minimum parking requirement for a fueling station? 240. the MXD. This change will
be reflected in the Consolidated Draft.use in minimum parking requirements for many uses and instituted parking maximums for any The Development Services Team has reduced This comment
resulted in a change. Retail, Medium requires more parking than in LDM. 239. reflected in the Consolidated Draft. use in the MXD. This change will beminimum parking requirements for
many uses and instituted parking maximums for any The Development Services Team has reduced . This comment resulted in a change. ing requires more parking in downtown than it did
in LDM.Research and test 238. use in the MXD. This change will be reflected in the Consolidated Draft.minimum parking requirements for many uses and instituted parking maximums for
any The Development Services Team has reduced This comment resulted in a change. DM.Office has more parking than in L 237. use in the MXD. This change will be reflected in the Consolidated
Draft.minimum parking requirements for many uses and instituted parking maximums for any The Development Services Team has reduced t resulted in a change. This commen Business and Personal
Service parking is greater than what it was before. 236. use in the MXD. This change will be reflected in the Consolidated Draft.minimum parking requirements for many uses and instituted
parking maximums for any has reduced The Development Services Team This comment resulted in a change. Parking for “Bar or Tavern” seems too high. 235. monitor. requirements should
be considered an iterative process and one we will continue to The proposed standards are a good first step. Parking The UDC supports this change. All districts and uses should have
parking maximums. 234. private property. street parking is outside of the scope of the UDC, which regulates development on -On More on street parking is needed, and should be enforced.
233. development will better align with current parking need trends. ce 1992, so we hope that future parking standards have been fully updated sinrequirements have been reduced to
match industry best practice. This is the first time
This comment resulted in a change.677 5 Spaces 3 Spaces Automotive Center er DistrictsAll oth D Districts-T and MX-MX Use 7.-proposes the following minimum standards Table 400.08and
zoning district. To simplify the requirements, the Unified Development Code In the Land Development Manual (current code), stacking requirements differ by use What are current vehicle
stacking requirements for drive throughs? 247. participation. The Development Services Team acknowledges this comment. Thank you for your Loading and Stacking area need graphic.
246. ith development affordability. standards that elevate the built environment, wdoes not contain any base design standards. It is our intent to balance these new comment. Thank
you for your participation. The current Land Development Manual The Development Services Team acknowledges this The UDC supports this change. Parking garages need increased design
standards. 245. landscaping requirements. The Community Development Team believes we have provided appropriate parking lot Raingardens should be required as parking lot landscaping.
244. actice.used with a lot of success in other cities, and it is considered a best praccountable to what we believe can be achieved. Our consultant has seen this term The intent of
this phrase is to provide staff the opportunity to hold the development rceable term.“Maximum Extent Practicable” is not an effective or enfo 243. development.community Parking Lot
or Garage, or in parking bays designed as part of the original street, in any type of permitted -street, off-Required visitor parking may be provided on r parking?What counts towards
spillove 242. and reuse of existing properties. the redevelopment els that this would disincentivizeThe Development Services Team fe with a change of use? What would trigger a parking
removal/reduction?Would a use in place before 1992, with excess parking, 241. use in the MXD. This change will be reflected in the Consolidated Draft.minimum parking requirements
for many uses and instituted parking maximums for any The Development Services Team has reduced .
Food, Beverage and 678 Exterior Lighting waste, debris or garbage in an enclosed building. ial developments in the MXN district be required to keep recommended that commercdesigned
for such purpose. Based on this comment, the Development Services Team has waste, debris, or garbage shall be kept in an enclosed building or closed container In Agricultural or Residential
zoning districts . in a change. up doors in all locations.-Trash should be located in the main building behind roll 252. establishments, without complete screening.sale goods outside
of gas stations or other large retail -for the placement of fornt Code that will allow consultant to incorporate language into the Unified DevelopmeCommunity Development has instructed
the This comment resulted in a change. Things that are for sale outside of a store (salt, lumber, etc) should not be screened. 251. Exterior Storage tected Lot. common lot line with
a Prothrough lane shall be located within 50 feet of any -surface parking area or drivebufferyard. A development containing 10,000 square feet of gross lot area or more, no shall install
a bufferyard meeting the standards of a Type 3 or commercial developmentadjacent street frontage. Along any common lot line with a single family lot, mixed use street parking areas
shall not be located between the front building façade and the -offFor uses other than household living uses or duplexes, The UDC supports this change. residential use or Public ROW.All
parking lots should be screened. Additional screening should be incorporated adjacent to a 250. facilities. screen Drive Thruliving use. The Development Services Team finds that
these regulations are sufficient to Thru adjacent to a household -neighborhood protection standards would apply Driveway or adjacent residential properties. Additionally, -of-ublic
rightare visible from any pproperty line. The development shall be designed so that no ground level light sources districts. Vehicle stacking areas and shall be setback at least 30
feet from any other Thru facilities are not permitted in any residential -Drive The UDC supports this change. Thru screening. -There should be standards for Drive 249. building entrance
for bike parking. Community Development finds that 100 feet is an appropriate distance from the Bike parking should be located 50, instead of 100ft from building entrance. 248. 3
Spaces 2 Spaces Other Uses 3 Spaces 2 Spaces Financial Institutions 5 Spaces 3 Spaces Lodging Uses
679 Incentives We believe that 20% of the façade area for a wall sign is an appropriate standard. For business centers, less than 20% of façade should be permitted for signage.
259. igns into conformance during the redevelopment process. existing freestanding sconsultant to incorporate into the Consolidated Draft national best practice to bring The Development
Services Team has instructed the This comment resulted in a change. signs? Could a change of use trigger the new sign standards? existing massive commercialIf only new signs will
be required to follow new sign standards. What can we do regarding the 258. modern sign regulations. promote smaller signs that alight with the goals of the City’s Comprehensive plan,
and fied and modified to Sign standards have been simpli The UDC supports this change. Are sign maximums being reduced? 257. The City Council could choose to further restrict or eliminate
LED signs. Community Development’s position is that LED signs are appropriate in some scenarios. Can we eliminate LED signs? 256. Signs These changes will be reflected in the Consolidated
Draft. ddress the above stated comment. Residential/Agricultural districts, which we believe achanges to the lighting standards table, including creating a separate section for Community
Development has made several This comment resulted in a change. improvements.t the Glare and Light Trespass use districts where you would most wan-(lower) mixedcase they actually increase
the heights and maximum intensity levels in the residential and upgrading or replacing lighting. While the simplification efforts within the UDC are good, in this issues when construction.
There is currently no process for proactively addressing thesecurrent LDM has significant shortcoming in adequately addressing these issues for new lare and Light Trespass are significant
issues within Rochester that will only get worse. The G 255. will be reviewed during Installment 3. Thank you for your participation. The Development Services Team acknowledges this
comment. The amendment process The process for adding, updating, moving, or replacing exterior lights should be improved. 254. Draft. in the Consolidatedstatement to incorporate
additional public health concerns. This change will be reflected Community Development will review the purpose This comment resulted in a change. strengthened.corrected and the purpose
statement should also be and Spillover of Light). This should be The new proposed “purpose statement” removes some of the most important issues. (Glare 253.
680 e process. The guideline seems to require that only changes in response to review are I’ve been frequently frustrated to see substantial changes to applications as they move through
267. language. We have instructed our consultant to revise this This comment resulted in a change. liability to missing signatories?cation could create hard or Do we want to take
on the responsibility of determine if an appli 266. is who this designation will refer to. The City Engineer is a position within the City Organization. Whoever holds the position
page 310? If so, who?-ineer” as referenced in Table 500.01Will there be a designation as to who is the “city eng 265. Consolidated Draft. Thank you for your participation. consultant
to determine what is best practice. Clarifying language will be included in the Good question. We are reaching our to our in a change. This comment resulted When is a vote required
regarding improper public notice? 264. change that our team will consider implementing with the adoption of the UDC.a policy items then an item that should be spelled out in code.
This is a policy/process more of Overall, the Development Services Team agrees with this idea. That said, this is improvement can be implemented.should be included with the application,
so that the Planner can determine if further topics discussed, I feel that a response to each concern neighbors. Along with a summary of Council wants to see more information on how
developers are addressing the concerns of 263. Twin homes will not required an SDP.This comment resulted in a change. Twin homes appear to require an SDP. This is undesirable. 262.
Common Procedures continue to monitor the need for additional landscaping regulations. available. Landscaping standards have been increased in the base code. We will cost incentive
in comparison to the others that are -Landscaping would be a fairly low raingardens and bioswales.parking/repair stations, seating, portable planters, trees, shrubs, grasses/perennials,
ornamental walls, columns and fences, pedestrian lighting, public art, pergolas, bike an space. Amenities and landscape features to include: improvements to the pedestriAdd an incentive
for site/urban design and landscaping including pedestrian connectivity, and 261. Incentives must be chosen from the table in the Unified Development Code. propose an incentive,
or must they choose from the table?Can a developer 260.
allowed, but I feel like the aperture becomes very large when something like a ruling on grading 681 around and applicants are notified simultaneously with submittals if they are missing
a piece?lications are submitted the first time automated response system that ensures complete appFor the intake on applications, will there be an updated input for online applications
or a more 272. additional landscaping have been incorporated into the base standards of the UDC. ed design standards and Many of the core principles of Special Districts such as heighten
allowed pursuant to their new zoning classification.developers can do if they lose rights granted under their special district that are no longer applicable is what current special
district The primary question that comes up that is broadly 271. participation.The Development Services Team acknowledges this comment. Thank you for your 2 subsections Rezoning
Traffic Analysis: -Check the wording of Traffic Impact Studies b(1)(c)(i)1 270. cess. standardized, and equitable, approval procriteria, engineering standards, and the language of
the code, which allows for a more Development Services Team level. The DSI Team makes decisions based on specific Under the UDC, most approvals would happen at a The UDC supports this
change. the development process? the UDC address that aspect of app meetings included in -app are helpful and consistent. How do the pre-opinions shared preapp and -address the potential
for inconsistent opinions and ensure that the meetings preprocess for applications and development to information meetings as part of the general intake We had been talking about standardizing
some forms or aspect of the development 269. boards and commissions. The Development Services team is committed to providing the required training to all une of 2019.December 2021
was Jattention paid to this group now that it may see a little more action? The last meeting prior to There was only one board of appeals meeting in 2021, will there be additional training
or 268. meeting. unity saw at the original neighborhood are significantly different from what the commshould the Community Development Director determine that the changes to the plans
language which allows staff to request a new neighborhood meeting after revisions, We have instructed our consultant to include comment resulted in a change. This consistent standard?give
an unbiased opinion) … is there some sort of safety valve we should have here? Or more sometimes frustrated public that staff is working “with” the developer (and if so, how can they
plicant which can give the impression to a also sometimes happens between staff and the apthe development information meeting is not the same as what is seen at the public hearing.
It entrance … etc. etc. Historically, this process has caused some confusion as the project seen at ing the driveway changes, requires modification of underground parking, requires
redesign
This is a good comment but outside of the purview of the UDC. This is something we 682 does not seem fitting or apropos. concerning given the potential for hyper detailed “in the weeds”
type of analysis at a level that Council’s ability to just add the requirement to do a GDP under 2. Applicability subpart b is 279. This standard was included to ensure connectivity
to the lots surrounding the site. GDP: rezoning of more than 5 acres was added. Why? 278. updated annually.Technical supplement already exists, via the PW engineering standards document,
a reference to a technical supplement. Major Land subdivision: has or will “construction plans” be further defined elsewhere? There is 277. pter of the UDC.included in the Procedures
and Administration chaA detailed description of the appellate process is The UDC supports this change. than at the council level? If so, what is it?lable standard of review for the
appellate process on the approvals that other Is there an articu 276. Plans, which is based on national best practice.The Development Services Team has requested This comment resulted
in a change. ired council approvals?requof the requirements that follow a GDP (e.g., prelim plat, final plat, street map, etc.) being legally General Development Plans. Would this
make more sense as a staff level approval first given all 275. applications prevent grading to begin on site.nding that grading can begin if an approved grading plan is ready, unless
other pefor Final Plat submittal. We have instructed our consultant to correct this language, so Good catch. An approved grading plan is required This comment resulted in a change.
roval.Grading should be allowed prior to Final Plat app 274. certain degree of variation by City teammates or the deciding governing body. comment. Thank you for your participation.
Some applications will allow for a The Development Services Team acknowledges this The UDC supports this change. In what scenarios can staff vary standards based on the specifics
of a project? 273. Flexibility process. technologies and improve our application continue to develop as we adapt to new
This language exists in the L 683 Use districts at different scales and intensities. riation and further achieve the goal of creating a Mixed New FAR values have been added to the MXS
and This comment resulted in a change. The MX districts all have the same FAR. There should be more differentiation. 285. district are the correct method for controlling building
length.zoning Development Service Team finds that the dimensional standards for the underlying There is a max building length in TOD and R2x that properly address this concern. The
ould there be an upper limit to the number of attached dwellings (rowhomes)?Sh 284. group living use.Fair Housing Amendments Act (FHAA), nor does it meet the definition of any other
or extended nursing care for residents. Congregate housing does not fall within the assistance and minor medical services, but not intermediate, long term personal care A dwelling providing
shelter and services that may include meals, housekeeping, CONGREGATE HOUSING We believe that the use “congregate housing” aligns with the definition of a dormitory. ory should be
included in the allowed uses table.Dormit 283. Heavy Commercial Services. construction site. A permanent construction office would fall under the definitions of Yes. A contractors
office or yard is intended to be a temporary structure on a tors Office or Yard consistent with our current code?Is the definition of a Contrac 282. Definitions uses in the TOD/MXT
in an effort to incentivize reinvestment. conforming -The UDC will provided relief for non This comment resulted in a change. 25% or so of floor area or overall site expansion).n extent.
(say conforming use to a-to a city enforced zone change that allows expansion of a nonconforming uses that were compliant prior -Code should have a section in it that discusses non
281. Conformities-Non participation.am acknowledges this comment. Thank you for your The Development Services Te The GDP changes are extensive so having an easier to digest summary
may be helpful. 280. it. misused. However we do see value in this provision, and are not comfortable removing and Development Manual, and historically has not been
684 Public Comments on Consolidated Draft
Questions and Comments Answered 685 requirements to allow for manufactured homes to be permitted as ADUs.The Community Development Team has revised the This comment resulted in a change.
a. Manufacture homes should be allowed as ADUs. 7. your participation. Services Team acknowledges this comment. Thank you forThe Development Our team has determined that the current
standards are sufficient. a. Code (remove 6ft minimum).separation distance for ADUs from the Primary Structure should only be governed by Building The 6. placement requirements to
include the side yard.Community Development has revised the ADU This comment resulted in a change. a. the rear yard.ADUs should be permitted in side yards, as well as in 5. duplex,
which is not allowed in the R1 district.be creating a DeFacto does not permit duplexes. Allowing an ADU where neither unit is owner occupied would that state. However, Minnesota how
not made any such ruling. Further, the R1 district at any form of ownership/occupancy restrictions are illegal in courts have decided thseen and drafted include those provisions. Our
team acknowledges that some state 90% of the ADU ordinances we've -two units on the lot) in ADU ordinances. Roughly 80%occupancy requirements (for one of the -very common to include
ownerNationwide it is a. 1 zoning district.-The owner occupancy requirement should be removed for ADUs in the R 4. generational living. -place for multiin all residential districts.
An ADU can be used for an additional income stream, or as a nity that is available an ADU. ADUs are an opportu constructThere is no requirement to a. Will the ADUs be optional for
homeowners living in single family homes? 3. primary structure. This requirement does not limit who can construct ADUs.annot be divided and sold separate from the a primary structure,
and that the ADU cThe intent of this requirement is to make sure that ADUs are located on the same lot as a. so, is it state run?principal structure. Will that mean that there is only
one company that is allowed to build ADUs? If om the On the Accessory Dwelling Handout it is stated that the new unit may not be subdivided fr 2. not change neighborhood character
or create strain on existing infrastructure. The intent of ADUs is to provide a soft density to existing neighborhoods, which does a. is the main purpose?Was the first thought for
ADUs to incentivize more permanent residences in Rochester? If not, what 1. Accessory Dwelling Units August 2022-April 2022
Pedestrian Amenities 686 setback distance and boulevard tree requirement will achieve the intent of the Neighborhood way, required -of-The right Our team has determined that the current
standards are sufficient. Protected Lots.Lighting stepdown should be required for lots across the street from 16. rticipation.for your paThe Development Services Team acknowledges
this comment. Thank you setback distance and boulevard tree requirement will achieve the intent of the Neighborhood way, required -of-The Right e current standards are sufficient. Our
team has determined that th a Protected Lot. Neighborhood Protection Standards should also include those lots which are across the street from 15. corridors. The City is concerned
with creating opportunities for density around the transit supportive e?-1 + R-Why keep R 14. Zoning (General) dining areas.in public spaces such as transit stops, building entries,
along display windows, and over outdoor Each development shall provide pedestrian weather protection UDC supports this change. The snow and sun, etc should be required, not optional.In
“pedestrian friendly zoning” building some overhead protections to protect walkers from rain and 13. r your participation.Thank you fobeyond the scope of this project. This comment
addresses an issue The Development Services Team acknowledges this comment. Safety walking downtown = pull stations to alert police? 12. scale design, which is not included in our
current zoning ordinance.The UDC includes base design standards, including pedestrian is change.The UDC supports th walking downtown? sElder 11. pedestrian walkways at a rate of 1
tree per 20 linear feet. alongcontaining more than 40,000 square feet of building area must incorporate canopy trees blic streets. Additionally, developments over a acre, or Boulevard
trees are required along all pu Shade down town? 10. Thank you for your participation.beyond the scope of this project. This comment addresses an issue The Development Services Team
acknowledges this comment. inclusive for pet walking/relief areas?Where is the dog friendly 9. beyond the scope of this project. Thank you for your participation.The Development
Services Team acknowledges this comment. This comment addresses an issue ider sidewalks mixed use for bikes like Minneapolis.wbike lanes, make Really hate the 8.
Protection Standards, including minimizing the impact of lighting. 687 Why hasn’t Bear Creek Commons been helped? Approved for 9 years, no help! 23. presented and discussed at the meeting
on June 28th.that contain information pertaining to the Heritage Preservation Program. The material was The June 28th HPC meeting packet was sent on June 24th. It included all sections
of the UDC what happens to major alterations.ave seen do not discuss The HPC section has never been reviewed by the HPC and the chapters I h 22. the need for a negotiation at council.
which eliminate base codeand building design standards, as well as neighborhood standards that are built directly into the ontains robust site technical information can be overshadowed
by subjective opinion. The UDC cPublic hearings have few mechanisms to address misinformation, and objective community. In practice, those who are able to attend public hearings are
not representative of the whole I am against any reduction of public hearings at a council level. 21. Application Review and Procedures company. Thank you for your participation.artment,
the Public Works Department or a private trails may be maintained by the Parks DepThis comment concerns a subject outside the scope of this project. Depending on the location, use
trails year round?-Who maintains multi 20. beyond the scope of this project. Thank you for your participation.an issue The Development Services Team acknowledges this comment. This
comment addresses Is Manorwood Lakes included in the Shoreland District Overlay? 19. district is preserved. rict, including special districts. While specific standards may vary, the
intent of the zoning distThe Unified Development Code will reassign existing Zoning Districts to their most similar UDC consideration and action are needed to resolve this concern.
. Further Section 64V.230; Subd 4. A -12:30 AM Closing.” –ng Thursday through Saturday Closi12:00 AM –operation for restaurants serving alcohol are as follows: Sunday through Wednesday
for all uses are 5:00 a.m. until 11:00 p.m. except for restaurants serving alcohol. The hours of text approved by City Council reads: “The hours of operation Amendment. The current
amendment will eliminate critical operating hour restrictions currently provided in Riverfront Commons C) on the Riverfront Commons Special District -The implementation of the UDC zoning
district (MX 18. hank you for your participation.Team acknowledges this comment. TThe Development Services Our team has determined that the current standards are sufficient. lot line.
Neighborhood Protection Standards should apply to the entire lot, not just 100ft from the common 17. r your participation.Team acknowledges this comment. Thank you foThe Development
Services
The Development Services Team acknowledges this comment. This comment addresses an issue 688 DesignSite and Building Services Team acknowledges this comment. Thank you for your participation.The
Development team has determined that the current standards are sufficient.Our The electrical vehicle infrastructure requirement should be an incentive, not a zoning requirement. 29.
Parking enforcement program. ill continue to evaluate and improve out zoning compliance (often minor) changes. We wCommunity Development Team does not have the capacity to review each
of these The number of changes made to lighting in the City of Rochester is significant and the plans to help verify and resolve compliance issues. hotometric glare and spillover light.
Someone on City Staff should have the ability to create quick pCity Teammates should be educated on the importance of managing light intensity and eliminating 28. enforcement program.
to evaluate and improve out zoning compliance (often minor) changes. We will continueCommunity Development Team does not have the capacity to review each of these The number of changes
made to lighting in the City of Rochester is significant and the lumens per acre and per pole. diming capacity, and Photometric Plan, shielding plan, and details on motion detector
features, installations. This permit should be reviewed by Community Development and consist of a A permit should be required for adding, updating, moving, or replacing new Exterior
lighting 27. Lighting Team acknowledges this comment. Thank you for your participation.The Development Services Our team has determined that the current standards are sufficient.
50%)25% to the type of mixed use development called for in the TOD. (Recommend increasing it from redraft to allow for current development cycles to take place before those areas of
the city will see expanding existing structures needs to be increased as part of the The TOD application threshold for 26. identify and correct each one of these.Rochester organizes
it’s municipal code, some citations are outdated. Our team is working to Good catch! Due to an update in the way the City of .This comment resulted in a change Rochester Municipal
Code” should lead me.-I cannot find where the citation “Chapter 39 25. The Development Services Team acknowledges this comment. Thank you for your participation. Thanks for reaching
out! -Exciting stuff 24. . Thank you for your participation.beyond the scope of this project
30.689 nd garages fronting on alleys, which will create more attractive front yards. with alleys a Alley’s should be reduced to 16ft of pavement instead of 18ft. This will allow more
developments 37. Services Team acknowledges this comment. Thank you for your participation.The Development determined that the current standards are sufficient. Our team has index
requirements. sacs should be regulated by block length instead of Average Daily Trips and the connectivity -de-Cul 36. section to include a pedestrian connection for blocks longer
than 600ft. he Community Development team has revised this T .This comment resulted in a change use of pedestrian connections on blocks of a certain length.Standards for increasing
pedestrian connections in neighborhoods should be revised through the 35. façade of the principal building.al building behind the front access from an alley or if constructed as part
of the princippracticable, accessory parking shall be located at the rear of the principal building with development. To the maximum extent -citywide to prevent over parking of new
and rehave been established Maximum parking requirements The UDC supports this change. to other buildings and reduce the overall scale of the paved surface.pedestrians, parking area
shall be distributed around large buildings in order to shorten the distance ion for vehicles and In order to improve the appearance and convenience of parking lot circulat 34. -of-setback
requirements, which require the building to be located nearer to the public Some pedestrian oriented district contain maximum The UDC supports this change. .more public or private
internal streets within a larger sitefeet from the street right of way. This standard may be achieved through the creation of one or entrances shall be located as close to abutting
streets as possible, and no further than 85 uildingB 33. doesn't mean that height should be permitted by right through the zoning ordinance.lthough the building code might allow a
building to be built to a specific height, that A restrictions in those zoning classifications. tandard process due to the height choice into an incentive category of development and
not s1 construction on midrise would put a common, code compliant, structural -building get built. 4The height restrictions in the mixed use zoning districts do not match code as it
relates to how these 32. Section 60.400.070F: Building Design.Roof mounted equipment must be screened subject to this change.The UDC supports parapet walls (or similar features)
completely surrounding that piece of equipment.Any roof top equipment shall be no higher than one foot below the lowest height of the four 31. expanded to include examples of architectural
treatments.en The 360 Degree Architecture section has be. This comment resulted in a change 360 design standards are too general and should be clarified.
This is an interesting point, we are reviewing this standard with our Public Works 690 appropriate as written. The development services team believes the articulation standard is participation.
The Development Services Team acknowledges this comment. Thank you for your currently required.iculation elements, rather than the two artthree or more wall plane setback, should
incorporateterior D districts, each street facing façade, regardless of ex-T and MX-In all districts except the MX 42. appropriate as written. The development services team believes
the articulation standard is on. participatiThe Development Services Team acknowledges this comment. Thank you for your rather than the current standard of six inches in depth.Horizontal
articulation projections, recessions, etc should be a minimum of eight inches in depth, 41. g exterior.sides of the building must provide direct access entries from the buildinfacing
-D districts all ground level residential units along all street-T and MX-In the MX entrance clearly distinguished.ncipal building shall provide at least one exterior customer additional
retail store within a pri secondary street shall be clearly distinguished using the methods listed above under “Entries”. Each provide customer entrances on at least two of the street
frontages. The entrance facing the more than one public shall to avoid the appearance of unbroken walls: A retail building accessible by In order to reduce walking distance from parking
areas, adjoining streets and adjacent buildings, and 40. creativity in design and color.The Unified Development Code support lopment. regulate the color or shade of devewill not does
not support this design standard participation. The City of Rochester The Development Services Team acknowledges this comment. Thank you for your as accents, occupying a maximum of
10% of building facades. be used onlyNo more than two principal colors may be used on a façade. Bright, white or primary colors should Recommended colors include browns, grays, tans,
beiges, and dark or muted greens, blues and reds. neutral or muted colors, with low reflectance. buildings, building colors shall consist of subtle, In order to ensure that building
color are aesthetically pleasing and compatible with surrounding 39. Thank you for your participation.The Development Services Team acknowledges this comment. ufficient. standards
are sincluded in our current zoning ordinance. Our team has determined that the current The UDC includes base design standards, including pedestrian scale design, which is not ould
be an emphasis on maintaining a human scale at the ground level.but there shbe proportional to façade length and height. Large elements (i.e. clock tower) may be appropriate, symmetrically
across the façade, in a regular and logical manner. Window and door openings should doors, arcades, towers, etc should be arranged In general building elements such as windows, 38.
department to determine the feasibility.
43.691 The within design buildings and may not be appropriate for all developments. lieve this comment removes much of the creativity standards are sufficient. included in our current
zoning ordinance. Our team has determined that the current The UDC includes base design standards, including pedestrian scale design, which is not o the front yard setback a maximum
of three (3) feetencroach intMain entrances shall be covered at least three (3) feet from the door. Entrance features may · or materialsBuilding entrances shall be emphasized through
projecting or recessing forms, detail, color · the streetelevation and the door shall face The primary entrance to the building shall be on the front · be located on the front.and/or
rear of the building. Exterior sliding glass doors onto balconies shall be permitted to lass doors into patios on the ground floor shall only be located on the sides Exterior sliding
g · 4-3, R--2, R-A new section should be added that states the following for R 48. not need the same design standards and our districts geared toward densification. e development
services team believes that the residential districts does Thparticipation. The Development Services Team acknowledges this comment. Thank you for your The residential districts should
be included in the TOD and Downtown building design requirements 47. point for this standard. that 5 acres is the correct tipping The development services team believesparticipation.
The Development Services Team acknowledges this comment. Thank you for your standard of 1 acre or more.ces of 1 acre or more should be centrally located, rather than the current Useable
Recreation spa 46. appropriate as written. The development services team believes the articulation standard is participation. The Development Services Team acknowledges this comment.
Thank you for your Building entrances should count as an articulation option 45. time. t that If 500+/300+ foot long buildings become an issue, this standard could be added awith
the natural barrier of block length, that would prevent this from becoming an issue. The development services team believes that there are other standards in place, along T)-300 feet
(MX 4)-3, R--2, R-Maximum residential building length shall be 500 feet (R 44. appropriate as written. vices team believes the articulation standard is The development serparticipation.
The Development Services Team acknowledges this comment. Thank you for your (where one is required, change that to two, two to three, etc). nal articulation requirement should be required
above what is currently proposed One additio
Development Services Team acknowledges this comment. Thank you for your 692 beyond just turf grass. street side yardscode which require developments to elevate their plantings in the
front yard and side Minimum planting standards were incorporated into the The UDC supports this change. .form comment)D (long -T and MX-residential districts except MX-non Suggested
improvements for all mixed use and 53. Landscaping D have been increased. -T and MX-other than MXTransparency requirements for mixed use districts This comment resulted in a change.
increased.D, transparency requirements should be -T and MX-n the MXIn mixed use districts other tha 52. Transparency requirements begin at 60 feet of building length. (articulation)
The UDC includes base design standards, including pedestrian scale on. participatiThe Development Services Team acknowledges this comment. Thank you for your Providing a lighting fixture,
trellis, tree or other landscape feature with each interval · articulation interval, arched windows and balconies at intervals equal to the Arcades, awnings, window bays · to reinforce
the modulation or articulation intervalVariation in roof lines by alternating dormers, stepped roofs, gables or other roof elements · Division into storefronts, with separate display
windows and entrances · palette) Vertical divisions using different textures or materials (materials drawn from a common · Stepping back or extending forward a portion of the façade
–Façade Modulation · may meet the objective.through a combination of the following techniques and others that façade. This can be achieved Buildings more than 40’ in width shall be
divided into smaller increments through articulation of the 51. large developments are appropriate as written. The development services team believes the pedestrian standards for
ation. participThe Development Services Team acknowledges this comment. Thank you for your berm, portable planter (min 24” diameter), a trash/recycle container, pedestrian or accent
lighting bench and two of the following amenities: minimum 3 shrubs, a 2’ tall For large developments, a 50. standard to require an 8 foot planting width. The Community Development
team has revised this .This comment resulted in a change should be required. walkways for large developments, an 8ft planting area Where trees are required along pedestrian 49. participation.
54.693 decreases) um Plant Size table (some increases and some Additional amendments suggested to the Minim 60. increasing this standard further at this time. Services team does not
support G districts. In an effort to maintain affordability, the Development -N through MX-MXWe have added a required overstory tree to the This Comment resulted in a change. The number
of plantings required in the minimum landscape plantings section should be increased. 59. be placed anywhere on the lot. been edited so the plantings can This section has This comment
resulted in a change. yards. The minimum landscape plantings section should apply to the entire lot, but just the front and side 58. S.-N or MX-district, or in the MXResidential Parking
is not permitted in the front yard of any The UDC supports this change. .way-of-abut the public right along all property lines thatway, by a landscaped treatment -of-public rightAll
parking lots shall be screened, for the purposes of minimizing views of parked cars from the 57. initiate any legal or equitable action deemed approprDevelopment Director shall consult
with the City Attorney, and the City Attorney shall violation has not been corrected or brought into compliance, the Community of violation has elapsed and the alleged If the time period
provided in the notice replaced periodically to maintain a structurally sound and aesthetic condition.infrastructure, raised landscape planters, fences, and walls shall be repaired
or tures including, but not limited to, vegetated roof All landscape struc 2) maintained alive, healthy, and free from disease and pests; andAll plant material, including plant material
on vegetated roofs, shall be 1) maintenance of all landscaping elements in perpetuity, specifically:onsible for the regular UDC. Developers and their successors in interest shall be
respFailure to maintain all landscaping is a violation of this The UDC supports this change. is in effect. I see this all the time.ot follow up the following year, when a typical one
year warranty enforcement issue? But staff will nIf warranty on plants exists, contractor is responsible for the replacement of the plants? Or is this an 56. landscape islands can
be counted towards the parking lot landscaping requirement.s used to indicate that only the any landscaping surrounding the parking area. The term ilot landscaping section, perimeter
landscaping refers to -In the context of the parking What is perimeter landscaping? 55. revised to include 1 canopy tree. N minimum planting standards have been -The MX This comment
resulted in a change. tree and 6 deciduous or evergreen shrubs. N front yard plantings. Two canopy trees or 1 canopy and 1 understory -Proposed standards for MX
The Development Services Team acknowledges this comment. Thank you for your 694 ld not be located adjacent to a residential district.Restaurants shou 67. cannot be located adjacent
to a residential use.Development Team has revised the Use Specific Standards so that Fast Food Uses N districts, the Community -4 and MX-In the RThis comment resulted in a change.
adjacent to a residential use.Fast food restaurants shall not be located 66. lot abutting a residential district.N district, the use shall not be located on a -In the MXUse Specific
Standards for this use. The Community Development team has revised the This comment resulted in a change. Bars and Taverns should not be located to adjacent to or across the street
from a residential district. 65. Community Development finds that the current standards are sufficient. s further restricted in the Use Specific Standards.11pm, unles-operate from
6amresidential uses that are adjacent to or across the street from a residential district shall only -All non 64. located near a residential community which they serve. elopment Team
will not prevent Emergency Service Uses from being Community Devcomprised of residential zoning districts. Enacting this requirement would place a In an emergency situation, every second
counts. The vast majority of Rochester is Emergency Services shall not be located adjacent to or across the street from a residential district. 63. Uses and not just those seeking
incentives. ate into every project increase landscaping requirements overall, so they will be incorporfinancial value than, for example, street or utility improvement. For this reason
we have the City’s intention for the Incentive program, as landscaping has a very different not align with landscaping that goes beyond just turf grass. A landscaping incentive does
project. Additionally, base planting requirements have been added which will require Landscaping requirements have been increased through the Unified Development Code .Landscaping
15 years.-10public benefit on Incentive/Restricted Developments in Kutzky Park and Downtown over the past pe and streetscape design has historically been used successfully as a Exceptional
hardscape, landsca 62. this suggested edit. Please note the Boulevard trees are required in these areas.In an effort to maintain affordability, the Development Services team does
not support e included in the minimum landscape plantings section.R1 and R2 should b 61. appropriate as listed. the plants sizes are participation. The development services team believes
that
Community Development finds that the use specific standards for Standard Restaurants 695 is located adjacent to or across the street from a residential district.Lighted freestanding
signs are prohibited to be located in the back and/or side yards of any use that 75. ou for your participation.Services Team acknowledges this comment. Thank yThe Development Our
team has determined that the current standards are sufficient. property line, and no closer than 50 feed from any shared lot line with a residential district.primary façade and the
front height of 6’6”. These monument signs shall be located between the standing signs shall be monument signs only, with a maximum area of 36 sqft, and a maximum -r all uses that are
adjacent to or across the street from a residential district, any allowed freeFo 74. Signs feet. Community Development finds that the current standard is sufficient. residential (commercial
or service) use created, approved, or expanded after -No non N.-Fast Food Restaurants shall not have a gross floor area greater than 2,500sqft in the MX 73. and screening standards
which are already in place are sufficient. ent finds that the neighborhood protection standards, bufferyard Community Developm residential district. Outdoor Storage shall not be permitted
for uses that are adjacent to or across the street from a 72. Development Team finds that the limitations already in place are sufficient. n residential districts. The Community Storage
containers are a temporary use i Storage Containers shall not be located adjacent to or across the street from a residential district. 71. that the limitations already in place are
sufficient. se in residential districts. Community Development finds RV parking is a temporary u district.Recreational Vehicle Parking shall not be located adjacent to or across the
street from a residential 70. with residential uses.Community Development finds that some forms of animal husbandry are compatible AG district. that are typically raised for sale
or profit are only permitted in theHorses, llamas, and animals that typically weigh more than 100 pounds when mature or Animal Husbandry shall not be located adjacent to or across
the street from a residential district. 69. Services Team acknowledges this comment. Thank you for your participation.The Development Our team has determined that the current standards
are sufficient. tial district. residenWind Energy Conversion Systems shall not be located adjacent to or across the street from a 68. are sufficient.
Community Development finds that the neighborhood pro 696 A protection should be added for the location of garbage storage. 81. Neighborhood Protection Standards feet in width, unless
a minimum width of 20 feet is required for fire equipment access.16 feet in width. In Mixed Use and Industrial Districts alleys shall be a minimum of 18 In Residential districts alleys
shall be a minimum in . This comment resulted in a change commercial areas because 20' is so excessive.18' pavement width for -ggest 16compromise of 14' pavement width for residential.
I would suHarvestview widths were compromises in the early 2000s when platted. My suggestion is another I would really like to see the UDC allow for narrower alleys than 18'. The Pebble
Creek and 80. Alleys will be subject to UDC requirements.Alterations which change the appearance of the sign from what was originally approved Repairs to existing signs are permitted
if they match the original sign approval. to the requirements of the UDC. gns will be subject development and reconstructed silegally erected under the current code, to comply with
the new zoning ordinance. New The Development Services team cannot mandate the alteration of signs which were existing uses.s erected, altered, or replaced for new and regulations
found in the UDC should apply to all signAll sign signs. seem to adequately address existing businesses that need to upgrade or replace theirstill does not The latest version of the
UDC does a good job of addressing signs for new projects, it 79. its applicability. by removing the word “facing” which clarifies the intent of the standard, and broadens Community
development has revised this language This comment resulted in a change. and facing an agricultural or residential district.”adjacent to Residential lots -Use or Non-“Electronic Message
Boards are prohibited on any Mixed 78. and reconstructed signs will be subject to the requirements of the UDC. erected under the current code, to comply with the new zoning ordinance.
New development legally The Development Services team cannot mandate the alteration of signs which were and existing uses. The sign permit process should clearly identify this.All
sign regulations found in the UDC should apply to all signs erected, altered, or replaced for new 77. acknowledges this comment. Thank you for your participation.The Development Services
Team standards which are already in place are sufficient. finds that the neighborhood protection standards, bufferyard and screening Our team ar to the primary frontage.freestanding
sign that is lighted shall be mounted perpendicul: Any allowed eet from a Residential DistrictFor all uses located adjacent to or across the str 76. and screening standards which are
already in place are sufficient. tection standards, bufferyard
This comment resulted in a change. 697 foot.-foot to 6-fence from 5d Community Development has revised the requireThis comment resulted in a change. foot fence.-The Level 4 (Opaque)
bufferyard should include a 6 82. Bufferyards storage shall be located within 50 feet of any common lot line with a Protected Lot.ris, or garbage On a Regulated Lot, no waste, deb
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retsehcoRf o ytiC :morF etzer@rochestermn.gov>Yetzer, Ryan <RYMiller-Shindelar, Emma <EMiller-Shindelar@rochestermn.gov>;o:T Thu 8/11/2022 3:38 PM Community Development Department
<CommunityDevelopment@rochestermn.gov>tFW: UDC Adoption Draf 1/1…TU0ZjJhMzgyNDE4ZAAQANI3Nslv22NNtvuFrUv%2FycwLWY0NGQtNDZiMy1hZTfice365.com/mail/inbox/id/AAQkAGFmYmVlOWFjLhttps://outlook.of,
Emma - OutlookMail - Miller-Shindelar1/22, 3:41 PM
Unified Development Code 699 2022thSeptember 7-City CouncilAdoption-
Policy Consideration 700 goals?Is the recommended approach for implementation in alignment with Council •?any tension with other prioritiesdevelopment code are supported and where do
you see updated aspects of What •?Council Strategic Priorities and City Visiondevelopment review process for all stakeholders that better aligns with City sustainable , equitable, and
Does adoption of the UDC create a more efficient•
u 701 What does the UDC accomplish?Align Incentives with Council Priorities u practiceHigh quality base standards that reflect best u for neighbors and developersapproval processes Efficient
and predictable u with the Comprehensive PlanAlign
Council’s Strategic Priorities 702
The Unified Development Code will bring Rochester’s 703 goals in P2S Comprehensive Plan.Century and promote the st development practices into the 21
Foundational Principles 704 21 Goals and Policies Wellness, and the EnvironmentMaintain Commitment to Health, Environmental JusticeConnectivityImprove Community Existing NeighborhoodsEnhance
the Integrity of Expand Housing DiversitySustainabilityEmphasize Fiscal TransportationIntegrate Land Use and
705
Comprehensive Plan is 706 Oct 2019 SessionStudy 2022May SessionStudy 2021Dec SessionStudy 2021August Study Session Dec 2020 SessionStudy May 2021 SessionStudy Today UDC Project Timeline
July 2022-May 2022 EngagementUDC Final Draft Est. January 2023 UDC Implementation 2022September Est. UDC Adoption May 2022 Draft ReleaseConsolidated UDC February 2022-December 2021
Engagement Pt 2UDC September 2021-May 2021 Engagement Pt 1UDC 2021November ReleaseInstallment 3 UDC 2021May 2 ReleaseInstallment UDC 2020September ReleaseInstallment 1 UDC 2020January
off-KickUDC Project 2014 off-Project KickPlan Comprehensive January 2017 Updatefor Zoning Ordinance CIP Funds Allocated 7,000 individual opinionsEngagementComprehensive Plan January
2018 off-KickTOD/R2X Project Summer 2019 ApprovedTOD/R2X April 2018 Adopted
S 707 Land Owners/Developers u Appraisers u Realtors u Landscape Architects u Architects u Civil Engineers u Neighborhood Representatives u 40+ Members of the Development Community u
takeholder Advisory Group
Who 708 partnershipsCommunity u APA DEI policy guide u Top national talent u eamtrStakeholder peer u ngagementNeighborhood e u has influenced our work?
Neighborhood 709 10 Meetings
•710 Months-3 1 Public Engagement1/3 of each cycle devoted to 3 weeks3 weeksweeks3weeks32 weeks3 weeks reviewdraft for internal Consultant submits ConsultantTeammates and comments by
City Review public UDC Draft Revision Process public commentsRevisions based on EngagementCommunity and Stakeholder Draftpublish Public review and City Teammates raftDConsultant creates
Public ConsultationCity/Consultant Part 1Part 2 Adoption Draft•Consolidated Draft•Installments 1, 2 & 3of revisions from Culmination AdministrationsProcess and : Installment 3•and Incentives
Development Standards : Installment 2•Districts and Use-1Installment
Installment 1 711 TableSimplification of Allowed Uses •Use Districts-New Mixed•Consolidation of similar districts•21 Zoning DistrictsDistinct 134 Zoning Districts and Uses-
Installment 2 712 Neighborhood Protection Standards•Objective standards requiring connectivity•Site and Building Design Standards•wide-Parking Maximums City•Reduced Minimum Parking Requirements•Minim
um Planting Standards•-Increased predictability, enhanced standards Development Standards-
Installment 2 713 predictability to neighbors and developersSpecific, pre determined bonus give in place, regardless of incentives.Neighborhood Protection Standards remain q Sustainable
Development q Additional Infrastructure q Affordable Housing q.achieve it’s priorities help the City incentives categories determined -pre for a focus on four quality base standards
allow -HighIncentives-
Installment 3 714 Eliminated Restricted Development•Major & Minor Flexibility•requirementsTables and Charts to clarify development process and •Predictable process with objective standards•Procedures
and Administration-
Installment 3 715 Neighborhood Protection Standards•neighborhoods and developersPredictable process with objective standards for both •rentersExpanded public notice to include •Increased
number of required Neighborhood Meetings•Neighborhood Engagement-
Diversity, Equity & Inclusion 716 Opportunities= More Housing Use-Accessory Dwelling Units and Mixed uu base standards to avoid inequitable negotiationsStrong u public notice for rentersRequires
u Eliminates maximum lot size u Reduces minimum lot size u communities from other neighborhoods. barriers that separate historically underrepresented Unified Development Code seeks
to dismantle the The
u 717 UDC OutcomesAlign Incentives with Council Priorities u practiceHigh quality base standards that reflect best u for neighbors and developersapproval processes Efficient and predictable
u with the Comprehensive PlanAlign
Community Development recommends 718 applicable UDC zoning district. will rezone all properties from their current zoning district to the most Wetland Conservation of the Rochester Code
of Ordinances. The UDC 3, -7, Heritage Preservation and 6-Planning and Zoning Commission, 49, -4284, 4322, all Planned Unit Developments ordinances, Chapters 23694, 3730, 3773, 3899,
3901, 4003, 4081, 4122, 4194, 4236, 3648, 3646, Manual, Special District Ordinances 2247, 2516, 3443, 3497, 3503, 3604, Land Development -current zoning ordinance, Ordinance No. 2785Adopt
the Unified Development Code by repealing and replacing the Suggested motion:.Development Code as the City’s zoning ordinance approval for adoption of the Unified
Next Steps 719 Team trainingDevelopment Review trainingcommunication and Community processesworkflows with new Align 20+ software requirementsforms and submittal Update application StudyFee
Assessment UpdateMonitor to measure impactperformance indicators Develop Key 12 monthsupdates every Regular Implementation 2023 st Jan 1 HearingCity Council Public 2022 th Sep 7
M 720:tcapmI?ecruoseR?&?lacsiF.tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.noitcurtsnoc?llec?llams?dna?sehcaorppa?evird?ot?ecnerefer?ni?secnan
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Created: 2022-07-20 14:01:10 \[EST\]722(Code 1965, § 23.02)council may provide. (10)Issue permits, conduct studies from time to time and perform such other duties and functions as
the Operate a public weigh station and dispense gasoline to all authorized vehicles. (9)Operate and maintain a sanitary landfill site for the disposal of garbage, refuse and trash.
(8)Treat and dispose of all sewage collected through the city sewer system. (7)Build and maintain all sanitary and storm sewers. (6)streets, alleys, sidewalks, curbs, gutters and public
ways. Build, surface, rebuild, patch, stripe, and in any other way which may be required, maintain all city (5)Sweep, flush and keep all city streets and sidewalks free from snow, ice
and debris. (4)devices. Conduct traffic studies, and based thereon, design, install and maintain all traffic signals, signs and (3)for the city to ensure that the best interests of
the city are met. Design and inspect all city construction projects and review all engineering work done by consultants (2)commissions and agencies as directed by the council. provide
technical engineering advice and service to all city departments, divisions, offices, boards, Conduct engineering studies and maintain all engineering records and documents of the city,
and(1)The public works department shall have the following functions and duties: Sec. 2-14-2.General functions.Page 1of 1(Supp. No. 4, Update 1)
PART II -CODE OF ORDINANCES 723 State law reference(s)—Public right-of-way management, generally, Minn. Stats. § 237.16 et seq. 1
Any person requesting permission to excavate or obstruct a right-of-way.Applicant. (1)this chapter. Defined terms remain defined terms, whether or not capitalized. this
Chapter. References hereafter to "sections" are, unless otherwise specified, references to sections in The following definitions and the definitions set forth in Minnesota Statutes
section 237.162 apply to Sec. 9-2-1.1. Definitions(Code 1965, § 25.01)to, roadways, sanitary sewers, water mains, and storm sewers. within the right-of-way or utility easements. The
term "public infrastructure"shall include, but not be limited with said Minnesota Rules and shall have priority of location over any other utility proposed or existing policies, and
practices for the horizontal and vertical location of its facilities shall be considered compliant welfare of the public. The city's placement of public infrastructure consistent with
its adopted standards, powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and statutory and case law is intended. This chapter shall
not be interpreted to limit the regulatory and police consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable 7819.0050—7819.9950
where possible. To the extent any provision of this chapter cannot be interpreted city and users of the rights-of-way. This chapter shall also be interpreted consistent with Minn. R.
pts. thereto, includingthe 2017 Session Laws, chapter 94, and the other laws governing applicable rights to the in Minn. Stats. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086
(the "Act") and acts amendatory This chapter shall be interpreted consistently with the 1997 Session Laws, chapter 123, substantially codified (b)obstructions. to, private utilities,
services, equipment, building improvements, landscaping, signage or other similar protect or move their facilities. For purposes of this chapter, the term "facilities" includes, but
is not limited the rights-of-way will bear financial responsibility for their work and will be required to maintain, support, regulatory roles of state and federal agencies. Under this
chapter, persons using, excavating, and obstructing city's rights-of-way or to be placedtherein at some future time. This chapter is intended to complement the reasonable regulation
on the placement and maintenance of facilities and equipment currently within the enacts this chapter relating to public right-of-way permits and administration. This chapter imposes
the integrity of its streets and the appropriate use of the public rights-of-way. Accordingly, the city hereby encumbrances in order to provide for and protect the health, safety and
welfare of its citizens, and to ensure The city strives to keep its public rights-of-way in a state of good repair and free from unnecessary (a)Sec. 9-2-1.Findings, purpose and intent.1
CHAPTER 9-2.PUBLIC RIGHT-OF-WAY MANAGEMENT Page 1of 13(Supp. No. 4, Update 1) Created: 2022-07-20 14:01:30 \[EST\]Rochester, Minnesota, Code of Ordinances CHAPTER 9-2. PUBLIC RIGHT-OF-WAY
MANAGEMENTTitle 9 -STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
Created: 2022-07-20 14:01:29 \[EST\]724. To place any tangible object in a right-of-way so as to hinder free and open passage over Obstruct(13)to Section 1.30 of this chapter.ordinance
enacted under those sections, or the city fees and costs related to appeals taken pursuant Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163;
or any the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of the city including fees tied to or based on customer counts, access lines,
or revenues generated by of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by wireless facility permits. Management costs do not include
payment by a telecommunications right-providing notice and the opportunity to correct the work; and revoking right-of-way or small determining the adequacy of right-of-way restoration;
restoring work inadequately performed after projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; right-of-way or small wireless facility
permit applications; inspecting job sites and restoration costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying . The actual costs
the city incurs in managing its rights-of-way, including such Management Costs(12)within the scope of this chapter.by a registrant to accept service and to make decisions for that registrant
regarding all matters A local person or persons, or designee of such person or persons,authorized Local Representative.(11)Any tangible asset in the right-of-way required to provide
Utility Service.Facility or Facilities.(10)right-of-way described in such permit.may excavate in a right-of-way. An Excavation permit allows the holderto excavate that part of the .
The permit which, pursuant to this chapter, must be obtained before a person Excavation permit(9)way.To diginto or in any way remove or physically disturb or penetrate any part of a
right-of-Excavate.(8)Any tangible asset used to install, repair, or maintain facilities in any right-of-way.Equipment.(7)customer.or (2) requires immediate repair or replacement of
facilities in order to restore service to a A condition that (1) poses a danger to life or health, orof a significant loss of property; Emergency.(6)obstruction, patching, or restoration
as established by permit.The penalty imposed as a result of unreasonable delays in right-of-way excavation, Delay Penalty.(5). The department of public works of the city.Department(4),
Minn. Stat. § 237.162, Subd. 10.SeeNote: pole that is owned privately, or by the city or other governmental unit. wireless facility on, under, within, or adjacent to an existing wireless
support structure or utilityTo install, mount, maintain, modify, operate, or replace a small Collocate or Collocation. (3)elected officials, officers, employees and agents.The city
of Rochester, Minnesota. For purposes of section 1.28, city also means the City’s City.(2)Page 2of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]725 Minn. Stat. Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by transporting of voice or data information;
(3) services of a cable communications systems as defined inStat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of-way user, including . Includes (1) those services
provided by a public utility as defined in Minn. Service or Utility Service(25)or intended to be used for providing utility service, and who has a right under law, franchise, or section
237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used (1) A telecommunications right-of-way user as defined by Minnesota Statutes, Right-of-Way
User.(24)the context, required by this chapter.Either the excavation permit or the obstruction permit, or both, depending on Right-of-Way Permit.(23)broadcast service.airwaves above
a right-of-way with regard to cellular or other nonwire telecommunications or rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the
cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated . The area on, below, or above a public roadway, highway, street, Public Right-of-Way
or Right-of-Way(22)restoration accordingto plates 1 to 13 of Minnesota Public Utilities Commission rules.The amount of money paid to the city by a permittee to achieve the level of
Restoration Cost.(21)before excavation.including pavement and foundation, is returned to the same condition and life expectancy that existed The process by which an excavated right-of-way
and surrounding area, Restore or Restoration.(20)The status of a person that has not complied with the conditions of this chapter.Probation.(19)corporate, or political.public or private,
whether domestic or foreign, whether for profit or nonprofit, and whether natural, An individual or entity subject to the laws and rules of this state, however organized, whether Person.(18)the
city under this chapter.. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by Permittee(17)Has the meaning given "right-of-way permit" in Minnesota
Statutes, section 237.162.Permit.(16)Improvement Plan within the next two years.patch is considered full restoration only when the pavement is included in the city's Capital existing
pavement for a minimum of two feet beyond the edges of the excavation in all directions. A of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind,
of the A method of pavement replacement that is temporary in nature. A patch consists Patch or Patching.(15)portion of that right-of-way, for the duration specified therein.may obstruct
a right-of-way, allowing the holder to hinder free and open passage over the specified The permit which, pursuant to this chapter, must be obtained before a person Obstruction Permit.(14)that
or any part of the right-of-way.Page 3of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]726(Code 1965, § 25.03)service in city rights-of-way that may be in conflict with the location of a local improvement project. and state rules.
In particular Minn. R. pts. 7819.3100 and 7818.3300 shall apply to any existing private utility allowed to remain in the right-of-way subject to the standards and conditions identified
in this chapter, state law, Any private facility existing within the right-of-way at that time this chapter becomes effective shall be Sec. 9-2-3.Existing facilities.(Code 1965, § 25.02)jurisdiction
. law, as well as Minn. Stats. § 237.163, subd. 2(b), the city hereby elects to manage rights-of-way within its Pursuant to the authority granted to the city under state and federal
statutory, administrative and common Sec. 9-2-2.Election to manage the public rights-of-way.Note: Minn. Stat. § 237.162, Subd. 13.immediately adjacent to and directly associated with
a specific antenna.backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise power supplies, and a small wireless facility, but not including
wireless support structures, wireline wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup between user equipment and a wireless service
network, including equipment associated with Equipment at a fixed location that enables the provision of wireless services Wireless Facility. (28)than allowed in, or to extend, a permit
that had already been issued.. An application made to excavate or obstruct more ofthe right-of-way Supplementary Application(27)Note: Minn. Stat. § 237.162, Subd. 11.behind an existing
structure or concealment. connection of power and other services, and any equipment concealed from public view within or equipment, power transfer switches, cutoff switches, cable,
conduit, vertical cable runs for the elements, telecommunications demarcation boxes, battery backup power systems, grounding is, in aggregate, no more than28 cubic feet in volume, not
including electric meters, concealment all other wireless equipment associated with the small wireless facility provided such equipment ii.within such an enclosure; and each antenna
is located inside an enclosure of no more than six cubic feet in volume or could fit i.Small Wireless Facility. A wireless facility that meets both of the following qualifications:
(26)Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services.the city; (5) services provided by a cooperative electric association organized
under Minn. Stat., Page 4of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]727(Code 1965, § 25.09; Ord. No. 4421 , § 1, 1-22-2021)way excavation, obstruction, patching, or restoration. this section, the director may establish
and impose a delay penalty for unreasonable delays in public right-of-In accordance with Minn. R. pt. 7819.1000, subpt. 3, and notwithstanding subsection (b) of Delay penalty.(c)An
application for an extension of time not to exceed 48 hours. (2)permit; or A supplementary application for another public right-of-way permit before the expiration of the initial (1)permit
unless the director has received and approved: No permittee may excavate or obstruct the public right-of-way beyond the date specified in the Extensions.(b)Note: Minn. Stat. § 237.163,
Subd. 13.remain in effect for the length of time the facility is in use, unless lawfully revoked.wireless facility in a portion of the right-of-way as specified in the permit, provided
that such permit shall or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small A small wireless facility permit is required
by any person wishing to erect (4)Small Wireless Facility Permit.of-way, to the extent and forthe duration specified therein. equipment, structure, landscape features or other encroachment
described therein on the public right-over the specified portion of the public right-of-way for a period of 365 days or more by any A revocable permit is required by any party wishing
to hinder free and open passage Revocable permit.(3)therein. An obstruction permit is required in conjunction with any excavation permit. equipment described therein on the public right-of-way,
to the extent and for the duration specified passage over the specified portion of the public right-of-way for a period of 365 days or less by placing An obstruction permit is required
by any person wishing to hinder free and open Obstruction permit.(2)duration specified therein. portion of the public right-of-way by placing facilities described therein, to the extent
and for the public right-of-way described in such permit and to hinder free and open passage over the specified An excavation permit is required by any person wishing to excavate that
part of the Excavation permit.(1)violation of any provision of this chapter is a misdemeanor. any public right-of-way without first having obtained the appropriate permit from the city
to do so. A Except as otherwise provided in this Code, no person may obstruct, excavate in or encroach upon Required.(a)Sec. 9-2-5.Permits.(Code 1965,§ 25.04; Ord. No. 4388 , § 4, 9-16-2019)duties
hereunder. way, public right-of-way permits, and the ordinances related thereto. The director may delegate any or all of the The director of public works is the principal city official
responsible for the administration of the rights-of-Sec. 9-2-4.Administration.Page 5of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]728 accommodate the particular design, appearance or intended purpose of such structure. other structure not intended to support small wireless
facilities, the city may impose reasonable requirements to Where an applicant proposes collocation on a decorative wireless support structure, sign or (5)other facilities in and around
the right-of-way. city may impose separation requirements between such structure and any existing wireless support structure or Where an applicant proposes to install a new wireless
support structure in the right-of-way, the (4)No wireless facility may extend more than 10 feet above its wireless support structure.(3)the applicable permit.feet in height with a structure
of the same height subject to such conditions or requirements as may be imposed in further provided that the applicant may propose to replace an existing wireless support structure
exceeding 50 permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and without the city’s written authorization, provided that
the city may impose a lower height limit in the applicable No new wireless support structure installed within the right-of-way shall exceed 50 feet in height (2)under those attachment
specifications, and at the height indicated in the applicable permit application and permit.A small wireless facility shall only be collocated on the particular wireless support structure,
(1)small wireless facility in the right-of-way shall be subject to the following conditions:installation of a wireless support structure, the collocation of a small wireless facility,
or other installation of a In addition to conditions imposed under paragraph (b), the erection or Small Wireless Facility Conditions.(c)(Code 1965, § 25.11; Ord. No. 4388 , § 5, 9-16-2019)manageme
nt or the cost of assigning a field observer. recovered through the standard permit fee, including the cost of assigning a police officer to provide traffic public right-of-way and its
current use, including the recovery of any unusual management costs not of the permit in order to protect the public health, safety and welfare or when necessary to protect the The
city may impose reasonable conditions, including requirement of surety, upon the issuance Conditions.(b)revocable permit. satisfied the requirements of this chapter. The city council
may approve or deny the application for a The director shall issue an excavation permit or obstruction permit if the applicant has Permit issuance.(a)Sec. 9-2-7.Issuance of permit;
conditions.(Code 1965, § 25.10)Payment of permit fee. (2)The location of all existing and proposed facilities. b.project; and All required attachments and scaled drawings showing the
location and area of the proposed a.Submission of a completed permit application form including: (1)shall contain, and will be considered complete only upon compliance with, the followingrequirement
s: Application for a permit is made to the city public works department. Public right-of-way permit applications Sec. 9-2-6.Applications.Page 6of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]729 facilities in the application.facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless
In rendering a decision on a consolidated permit application, the city may approve some small wireless (3)are to be placed on similar types of wireless support structures. (2)consist
of substantially similar equipment; and conditions: local government unit, provided that all small wireless facilities in the application meet the following addressing the proposed
collocation of up to 15 small wireless facilities, or a greater number if agreed to by a An applicant may file a consolidated small wireless facility permit application Consolidated
Applications.(b)periods established in this section. application, shall be deemed approved if the city fails to approve or deny the application within the review after filing of such
application. The small wireless facility permit, and any associated building permit The city shall approve or deny a small wireless facility permit application within 90 days Deadline
for Action.(a)Sec. 9-2-7.5.Action on Small Wireless Facility Permit Applications.Note: Minn. Stat. § 237.163, Subd. 6(g).between the city or RPU and applicant,permit. Issuance of a
small wireless facility permit does not supersede, alter or affect any then-existing agreement The standard collocation agreement shall be in addition to, and not in lieu of, the required
small wireless facility The actual costs of electricity, if the actual cost exceed the foregoing.c.$182 per radio node over 100 maximum watts; orb.$73 per radio node less than or equal
to 100 maximum watts;a.(3)A monthly fee for electrical service as follows:(2)$25 per year for maintenance associated with the collocation;set forth in the standard agreement or fee
schedule. Up to $150 per year for rent to collocate on a city structure inflated by 3% annually or as otherwise (1)collocation agreement may require payment of the following:. The
city right-of-way, after the applicant has executed a standard small wireless facility collocation agreementstructure owned or controlled by the city or Rochester Public Utilities (RPU),
or any other city or RPU asset in the A small wireless facility shall only be collocated on a small wireless support Small Wireless Facility Agreement.(d)Note: Minn. Stat. § 237.163,
Subd. 3b.https://www.rochestermn.gov/home/showpublisheddocument/23441. Aesthetic Policy; Requirements and Construction Criteria, available at The applicant must follow the City of Rochester’s
Public Right of Way Small Wireless Facility (7)reasonable restocking, replacement, or relocation requirements on the replacement of such structure.Where an applicant proposes to replace
awireless support structure, the city may impose (6)Page 7of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]730 to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other Obtaining a public right-of-way
permit does not relieve the permittee of its duty Compliance with other laws.(e)exercise its rights under anysurety provided as a condition of permit issuance. billing, the cost of
restoring the public right-of-way. If the permittee fails to pay as required, the city may at its option, may perform such work. In that event, the permittee shall pay to the city,
within 30 days of required by the city, or fails to satisfactorily and timely complete all restoration required by the city, thecity, If the permittee fails to restore the public right-of-way
in the manner and to the condition Failure to restore.(d)unreasonable under this section. constituting force majeure or days when the director determined that work is prohibited as
unseasonable or of the city's notice, not including days during which work cannot be done because of circumstances work using the method required by the city. This work shall be completed
within ten calendar days of receipt permittee or its agents. Upon notification from the city, the permittee must correct all necessary restoration The permittee shall correct defects
in patching or restoration performed by the Duty to correct defects.(c)chapter, whichever is more restrictive. the city or it standards, and shall comply with Minn. R. pts. 7819.1100,
7819.5000 and 7819.5100, or this The permittee shall perform work according to the standards and with the materials specified by Standards.(b)extension is granted by the director. right-of-way,
as required herein, must be completed within the time period specified in the permit unless an The work to be done under the excavation permit, and the patching and restoration of the
public Timing.(a)Sec. 9-2-9.Permit compliance.(Code 1965, § 25.12)facilities.City engineering make-ready, and construction costs associated with collocation of small wireless (b)Right-of-way
management costs, and; (a)facility permits, the permit fee shall be in an amount sufficient to recover:The city council shall, by resolution, adopt a fee schedule managed by the director.With
respect to small wireless Sec. 9-2-8.Permit fees.Note: Minn. Stat. § 237.163, Subd. 3c.agree in writing to toll the review period. (3)The city and a small wireless facility applicant
information. documents or information, the city shall have ten days to notify the applicant in writing of any still-missing incompleteness to the applicant within 30 days of receipt
the application. Upon submission of additional The applicant fails to submit all required documents or information and the city provides written notice of (2)such applications by 30
days by informing the affected applicants in writing of such extension.small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all The
city receives applications from one or more applicants seeking approval of permits for more than 30 (1)if: The 90-day deadline for action on a small wireless facility permit application
may be tolled Tolling of Deadline.(c)Page 8of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29\[EST\]731 emergency, the permittee/owner shall apply for the necessary permits, pay the applicable permit fees andnecessary in order to respond to the
emergency. Within two business days after the occurrence of the facilities which it considers to be an emergency. The permittee/owner must take whatever actions are Each permittee/owner
shall immediately notify the director of any event regarding its Emergency situations.(a)Sec. 9-2-12.Work authorized to be done without a permit.(Code 1965, § 25.18)may revoke the permit
pursuant to section 9-2-13. following the day of completion. If such proof has not been presented within the required time, the director period set forth by the director in the order.
Such proof shall be provided no later than the next business day permittee shall present proof to the director that the violation has been corrected within a reasonable time violation
will be cause for revocation of the permit after a specified period determined by the director. The within the meaning of Minn. Stats. § 237.163, subd. 4(c), the order shall state that
failure to correct the the permit or other applicable standards, conditions or this Code. If the work failure is a substantial breach The director may issue an order to the permittee
to correct any work that does not conform to the terms of (b)threat to the life, health, safety or well-being of the public. At the time of inspection, the director may order the immediate
cessation of any work which poses a serious (a)Sec. 9-2-11.Authority of director.Note: Minn. Stat. § 237.163, Subds. 4(c) and 5(f).application within 30 days.notice of denial, no additional
application fee shall be imposed. The city must approve or deny the resubmitted identified by the city and resubmit its application. If the application is resubmitted within 30 days
of receipt of the decision to deny or revoke a permit. If an application is denied, the applicant may address the reasons for denial document the basis for the denial. The city must
notify the applicant in writing within three business days of the Procedural Requirements. The denial or revocation of a permit must be made in writing and must (b)(Code 1965, § 25.17)The
applicant has failed to comply with any provision of this chapter within the past 12 months. (4)Denial is necessary to protect the public right-of-way and its current use; or (3)Denial
is necessary to protect the public's health, safety, and welfare; (2)The application fails to meet the requirements and conditions of this chapter; (1)The city may deny a permit application
if the city determines: (a)Sec. 9-2-10.Denial of permit.(Code 1965, § 25.16)work. responsible for all work done in the public right-of-way pursuant to its permit, regardless of who
does the perform all work inconformance with all applicable codes and established rules and regulations, and is laws, including Minn. Stats. ch. 216D ("Gopher One Call Excavation Notice
System"). A permittee shall applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal Page 9of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]732(Code 1965, § 25.22; Ord. No. 4388 , § 6, 9-16-2019)incurred in connection with such revocation. reasonable costs, including restoration costs
and the costs of collection and reasonable attorney's fees, If a permit is revoked, the permittee must reimburse the city for the city's Reimbursement of city costs.(e)directorhas established
such conditions, which may be amended from time to time. place the permittee on probation. The city shall not enforce a probation program unless and until the The city may establish
a list of permit conditions which, if breached, will be grounds to Cause for probation.(d)or failure to reasonably implement the approved plan, may result in probation for up to one
full year. immediate revocation of the permit. Further, failure to contact the city, failure to submit an acceptable plan, acceptable plan, or the permittee's failure to timely implement
the approved plan, shall be cause for city with a plan, acceptable to the city, to cure the breach. The permittee's failure to submit a timely and stop work order and within a reasonable
time established by the director, the permittee shall provide the Following the permittee's receipt of a correctionorder or Response to correction order or stop work order.(c)permit
to mitigate and remedy the breach. criminal charges. A breach will allow the city, at its discretion, to place additional or revised conditions on the demand shall state that continued
violations may be cause for revocation of the permit or issuance of issue a stop work or correction order demanding the permittee/owner to remedy such violation. The term or condition
of any statute, ordinance, rule, regulation or any condition of the permit, the director may If the director determines that the permittee/owner has committed a breach of a Written
notice of breach.(b)The failure to correct, in a timely manner, work that doesnot conform to a condition indicated on an (5)failure to complete work is due to reasons beyond the permittee's
control; or The failure to complete the work in a timely manner unless a permit extension is obtained or unless the (4)Any material misrepresentation of fact in the application for
a public right-of-way permit; (3)perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; An evasion or attempt to evade any material provision of the
public right-of-way permit, or the (2)The violation of any material provision of the public right-of-way permit; (1)of the permit are not met. A breach by the permittee shall include,
but shall not be limited to, the following: fee refund, if the terms and conditions of any statute, ordinance, rule orregulation, or any material condition The city reserves its right,
as provided herein, to revoke any public right-of-way permit, without a Generally.(a)Sec. 9-2-13.Revocation of permits.(Code 1965, § 25.20)conditions. the private facility or improvement
shall subsequently obtain a permit and comply with the permit In addition to the criminal penalties for work done without a permit, the owner of Nonemergency situations.(b)it took in
response to the emergency. fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions Page 10of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]733 repair, replacement or installation of public facilities/improvements. the city's response to an emergency occasioned by that permittee/owner's
facilities or the city's maintenance, responsible for the cost of repairing any damage to the facilities of another permittee/owner which occurs during repairing any facilities in the
public right-of-way which it or its facilities damages. Each permittee/owner shall be be paid within 30 days from the date of invoicing. Each permittee/owner shall be responsible for
the cost of or relocation of the private facility. The costs associated therewith will be billed to that permittee/owner and must actions to minimize the impact on the owner's facility
and incur necessary costs for location, protection, removal to locate, protect, remove, or relocate their facility within the timeline identified by the city, then the city may take
relocate their facility, as necessary within the timeframe required for the city's work. If the permittee/owner fails as is reasonably possible. The permittee/owner of the facility
shall be responsible to locate, protect, remove, or whether the facility has received a permit from the city or not. The city shall notify the local representative as early necessary
for the permittee/owner to maintain, support, protect, or relocate a permittee/owner's facilities, facilities/improvements or to install new public facilities/improvements in the public
right-of-way and finds it The provisions of Minn. R. pt. 7819.3100 shall apply when the city does work to maintain its existingpublic Sec. 9-2-16.Damage to other facilities.(Code 1965,
§ 25.25)excavation. closely with the excavation contractor to establish the exact location of its facilities and the best procedure for permittee/owner whose facilities are less than
20 inches below a concrete or asphalt surface shall notify and work equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any
System") before the start date of any public right-of-way excavation, each permittee/owner who has facilities or In addition to complying with the requirements of Minn. Stats. ch. 216D
("One Call Excavation Notice Sec. 9-2-15.Pre-excavation facilities location.(Code 1965, § 25.24)to be in the public interest. way, and future city plans for public improvements and
development projects which have been determined utilities, the ability and obligation of the permittee/owner to protect existing facilities in the public right-of-particular utility
service, the condition of the public right-of-way, the time of year with respect to essential accommodation will be guided primarily by considerations of the public interest, the public's
needs for the extent possible, to accommodate all existing and potential users of the public right-of-way. The city'sadditional facilities within the public right-of-way. In making
such decisions, the city will attempt, to the right-of-way and its current use, the city shall have the power toprohibit or limit the placement of new or To protect the public health,
safety and welfare, or when necessary to protect the public Limitation of space.(c)installation or replacement of facilities shall designate the proper corridor for the facility at
issue. within the public right-of-way. All excavation, obstruction, or other permits issued by the city involving the thereof as may be necessary, for each type of facility that is
now, or the city expects will someday be, located The city may assign a specific area within the public right-of-way, or any particular segmentCorridors.(b)most restrictive. applicable
law, and with Minn. R. pts. 7819.3100, 7819.5000 and 7819.5100, and city standards, whichever is Placement, location, and relocation of facilities must comply with this chapter, the
Act, with other Generally.(a)Sec. 9-2-14.Location of facilities, equipment, or other improvements.Page 11of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:29 \[EST\]734(Code 1965, § 25.30)property taxes. Certify the outstanding charges, plus any administrative charges, to the county for collection with (3)Withholding
future permits; or (2)Implementation of section 8-7-13; (1)measures afforded to it to recover said costs, including, but not limited to: In the event the permittee/owner fails to provide
payment, as directed herein, the city may take any and all Sec. 9-2-20.Nonpayment.(Code 1965, § 25.29)permittee/owner of said facility. The permittee/owner shall pay said charges within
30 days of invoicing. Any cost incurred by the city for removal of a facility shall be an obligation of the Cost for removal.(c)chapter and they fail to respond to said notification,
the city will consider the facility abandoned. In the event the city finds a facility and hasnotified the permittee/owner pursuant to this Abandonment.(b)the responsibility for operation
and maintenance of said facility whether the facility is in operation or not. A permittee/owner who has discontinued operations in the city continues to have Continued responsibility.(a)Sec.
9-2-19.Abandoned and unusable equipment and facilities.(Code 1965, § 25.28)agrees to defend and indemnify the city in accordance with the provisions of Minn. R. pt. 7819.1250. By placing
improvements within the right-of-way, a permittee/owner, by virtue of a formal permit or not, Sec. 9-2-18.Indemnification and liability.(Code 1965, § 25.27; Ord. No. 4388 , § 7, 9-16-2019)charges
within 30 days of invoicing. charge the permittee/owner the cost incurred by the city. The permittee/property owner shall pay said In the event permittees/property owners fail to maintain
their facility, the city may maintain the facility and (c)removed by the city. property. Snow placed in a drainage ditch or drainage or utility easement is a public nuisance and may
be from placing snow in drainage ditches as well as drainage or utility easements adjacent to or within their driveways or other private areas into this space. Additionally, permittees/property
owners are prohibited within the right-of-way. Permittees/property owners are prohibited from pushing snow from parking lots, The boulevard and right-of-way areas are intended for snow
storage from public roadways and sidewalks (b)and the public infrastructure/improvements, and for the general benefit of the community. The permittee/owner shall properly maintain their
facility/improvement to minimize the risk to the public (a)Sec. 9-2-17.Maintenance of facilities.(Code 1965, § 25.26)Page 12of 13(Supp. No.4, Update 1)
Created: 2022-07-20 14:01:30 \[EST\]735 agreement with the applicant, as allowed by law, in addition to requirements set forth herein.validity of the remaining portions thereof. Nothing
in this chapter precludes the city from requiring a franchise portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the If any portion
of this chapter is for any reason held invalid by any court of competent jurisdiction, such Sec. 9-2-23. Severability.adopt and enforce general ordinances as necessary to protect the
health, safety and welfare of the public.A permittee’s rights are subject to the city charter and the regulatory and police powers of the city to Sec. 9-2-22. Reservation of Regulatory
and Police Powers.findings establishing the reasonableness of the decision.the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written
way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by The city council shall act on a timely written request at its next
regularly scheduled meeting, provided the right-of-reviewed, upon written request, by the city council. (4) disputes a determination of the director, may have the denial, revocation,
fee imposition, or decision 237.163, Subd. 6; or (3) believes that the fees imposed are not in conformity with applicable law including Minn. Stat. § (2) has had a permit revoked; (1)
has been denied a permit; A right-of-way user that: .Sec. 9-2-21. Appeal Page 13of 13(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:30 \[EST\]736 notice the reasons for denying the permit. If a permit is denied, the city engineer shall forthwith notify the applicant in writing and shall
set forth in such (b)That the person doing the work is properly qualified. (4)That the health, welfare and safety of the public will not be unreasonably impaired; and (3)vehicular and
pedestrian traffic, the demand and necessity for parking spaces, and the means of drivewayproposed will not constitute a traffic hazard or unreasonably impair or interfere with That
the concrete or asphalt sidewalks, driveway approaches, orcurb and gutters,curb, curb-cut or (2)covered by this chapter; public work and in accordance with specifications established
by the city engineer for the type of work That the work will be done according to the standard specifications of the city for the same or similar (1)The city engineer shall issue a
permit hereunder when the city engineer finds: (a)Sec. 9-5-4.Standards for issuance.(Code 1965, § 71.03)located, established, constructed or altered simultaneously, only one permit
and one permit fee shall be required. concrete or asphalt sidewalks, driveway approaches, orcurb and gutters,curbs, curb-cuts or drivewaysare to be Each application shall be accompanied
by a permit fee as established by resolution of the city council. When Sec. 9-5-3.Permit fees.(Code 1965, § 71.01; Ord. No. 4398 , § 1, 1-6-2020)completed by a contractor holding a
valid license as authorized by this Code. Construction, replacement, or adjustment of a curb and gutter, drivewayapproach, or sidewalk must be (c)by the abutting property owner. specifications.
Any adjusted panels found to be defective as a result ofadjustments will require replacement Sidewalk and drivewayapproach adjustments must be completed in accordance with city sidewalk
(b)approved plans and specifications, no permit is required. described in this paragraph is being performed on behalf of the city or under contract with the city on concrete panel by
means of mudjacking, lifting, horizontal cutting, or grinding. Additionally, if any work for persons adjusting a sidewalk ordrivewayapproach by realignment of an otherwise displaced,
undamaged obtaining a permit from the city engineer as provided by this chapter. However, no permit shall be required driveway approaches, orcurband gutters, curb-cut, drive approachin
the public right-of-way without first No person shall locate, establish, begin to construct, construct or alter any concrete or asphalt sidewalks, (a)Sec. 9-5-1.Permit required.CONSTRUCTION
AND REPAIRCHAPTER 9-5.SIDEWALK, DRIVEWAYAPPROACHAND CURB AND GUTTER Page 1of 5(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:30 \[EST\]737 No unattended newspaper or periodical dispensing device shall be placed: (a)Sec. 9-7-3.General provisions.(Code 1965, § 71.08)reverse or modify
the action of the city engineer. to which the matter has been referred for review and recommendation. Thereafter, the council may affirm, person appealing shall be given an opportunity
to be heard before the council or before a committee of the council the date of the written notice of the city engineer denying a permit or ordering action under section 9-5-6. The
shall stay all proceedings in furtherance of the action appealed from. Such appeal shall be taken within 30 days of to the council by filing in the office of the city clerk a notice
of appeal specifying the grounds thereof. An appeal the alteration, relocation, closing or discontinuance of the use of any curb-cut ordrivewayapproach, may appeal Any person aggrieved
by any action taken by the cityengineer in granting or denying a permit or in ordering Sec. 9-5-8.Appeals to council.(Code 1965, § 71.07)or heavy volumes of traffic. upon the determination
that the wider width can safely accommodate entrance and egress of large vehicles city engineer. The construction of a drivewayapproachwider than 32 feet may be approved by the council
applicant to construct a drivewayapproachwider than 32 feet upon afavorable recommendation from the Notwithstanding the provisions of subsection (a) of this section, the common council
may permit an (b)approacheson the same lot or property shall be separated by a distance of at least ten feet. being measured perpendicular to the direction of travel on the drivewayapproach.
Adjacent drivewaysNo drivewayapproachshall be constructed in the city wider than 32 feet at the sidewalk line, such width (a)Sec. 9-5-7.Maximum drivewayapproachwidth.(Code 1965, § 71.06)necessary
with city or other forces to accomplish the purpose of the order. within the time specified or any authorized extension thereof, the city engineer shall take such action as deemed property.
Upon failure of the owner or person in possession of the abutting property to comply with the order order and shall be served personally or by registered mail on the owner or person
in possession of the abutting shall state the reasons for such change, shall require compliance within a reasonable time to be specified in the discontinue the use of any curb-cut ordriveway
approach shall be in writing, shall specify the change to be made, manner as the city engineer finds reasonably necessary under the circumstances. Notice to alter, relocate, close or
of abutting property to alter, relocate, close or discontinue the use of any curb-cut ordriveway approach in such convenience and necessity of the public require, the city engineer
may order the owners or persons in possession Whenever the safety, movement or accommodation of vehicular and pedestrian traffic or the use, Sec. 9-5-6.Alterations.(Code 1965, § 71.04)Page
2of 5(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:30 \[EST\]738(Code 1965, § 70.01; Ord. No. 3918, 4-20-2009)respectively. being licensed under this chapter. A separate license shall be required for concrete
and asphalt construction, asphalt sidewalks, drivewaysapproaches, or curbs and gutters in the streets, alleys or public grounds without first No licensee shall engage in the business
ofconstructing or alteringanybuilding or rebuildingconcrete or Sec. 9-18-1.License—Required.GUTTERSCHAPTER 9-18.CONCRETE SIDEWALKS, DRIVEWAYSAPPROACHES, CURBS AND (Code 1965, § 73A.03)not
more than six inches from the wall. curb. A dispensing device placed adjacent to the wall of a building shall be placed parallel tosuch wall and placed near the curb shall be placed
no less than 18 inches, nor more than 24 inches, from the edge of the A dispensing device shall only be placed near a curb or adjacent to the wall of a building. A dispensing device
(b)person or by weather conditions. component of the dispensing device, or which is readily separable from the device by an unauthorized (13)So that it is weighted down or anchored
by any device or material which is not an integral and attached (12)So that it is bolted or permanently attached to the sidewalk surface; (11)On any boulevard or other place planted
with lawn, flowers, shrubs or trees; less in width; less than eight feet in the central business district, or four feet in areas where the sidewalk is six feet or (10)In such a manner
as to reduce the clear space for the passageway of pedestrians using the sidewalk to In any handicap access ramp; (9)Where it interferes with the front and rear doors of buses; (8)Where
it restricts access to a bus shelter or a bus bench; (7)space or three feet forward of such sign; Within three feet of the approach to any sign marking a designated bus stop, or any
designated loading (6)Within three feet of the curb return of any drivewayapproach; (5)Within three feet of any curb return at any intersection; (4)Within three feet of any marked crosswalk;
(3)Where it projects beyond any curbline onto the roadway; (2)shaft, ornamental street light pole, traffic signal, parking meter or any traffic control device post; Within six feet
of any fire hydrant or fire alarm box or attached in any manner to any fire alarm box (1)Page 3of 5(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:33 \[EST\]739 the license year unless sooner suspended or revoked by the council. grounds of the city shall be established by resolution of the city council.
All licenses shall expire on December 31 of rebuildconcrete or asphalt sidewalks, drivewaysapproachesand curbs and gutters in the streets, alleys and public The annual fee, including
any additional fees for late renewal, for licenses to construct or alterbuild or Sec. 9-18-4.License—Fee.(Code 1965, § 70.02; Ord. No. 3918, 4-20-2009)employees in performing the work
that is licensed by this chapter. this chapter. However, a licensee is responsible, and is subject to section 9-18-5, for the actions ofits The licensing requirements of this chapter
do not apply to an employee of a person that is licensed under (d)comply with the licensing requirements provided in subsection (b) of this section. The license applicant or licensee
must notify the city clerk within 15 days of any change in its ability to (c)terms of an agreement. involving faulty, incomplete or incompetent work, untimely work or a failure to adhere
to agreed upon The license applicant does not have a history of claims as a result of past work of a similar nature (8)insurance coverage for the work that is the subject of the license
application. The license applicant has shown the ability to acquirethe necessary bonds, workers' compensation and (7)satisfactorily perform the work that is the subject of the license
application. The license applicant possesses or has access to the equipment and personnel necessary to (6)is the subject of thelicense application. The license applicant has a documented
history of satisfactory experience in performing the work that (5)funds, or theft of proceeds in this or any other state or any other United States jurisdiction. misrepresentation,
misuse of funds, theft, criminal sexual conduct, assault, burglary, conversion of comparable offense related to residential contracting, including convictions of fraud, The license
applicant has not been found guilty of a felony, gross misdemeanor, misdemeanor, or any (4)The license applicant is not a judgment debtor and has not filed a petition for bankruptcy
(3)business is physically located. A post office box address is not sufficient to satisfy this requirement. where the applicant resides, and a street address and telephone number where
the license applicant's The license applicant must provide to the city clerk a current street address and telephone number (2)corporation, the license applicant must be an owner, officer,
or managing employee. liability company, the license applicant must be a chief manager or managing employee. For a For a partnership, the license applicant must be a general partner
or managing employee. For a limited sought. For a sole proprietorship, the license applicant must be the proprietor or managing employee. The license applicant must be regularly and
actively engaged in the business for which licensure is (1)The licensing requirements for this chapter are as follows: (b)applicant has satisfied all of the licensing requirements found
in subsection (b) of this section. license to carry on said business. The council shall issue a license only if it determines that the license or asphalt sidewalks, drivewaysapproaches,
or curbs and gutters in the city shall apply to the council for a Any person desiring to engage in the business of constructing or alteringanybuilding or rebuilding concrete (a)Sec.
9-18-2.License—Application.Page 4of 5(Supp. No. 4, Update 1)
Created: 2022-07-20 14:01:33 \[EST\]740(Code 1965, § 70.04; Ord. No. 3918, 4-20-2009)Page 5of 5(Supp. No. 4, Update 1)